I knew a man who was sued by a debt collector and he was not served. "Someone" was served, but not at his address and he was denied due process. He learned of the suit when it was a judgment on his credit report. He attempted to have the judgment overturned for lack of due process and the judge would not grant it. Unfortunate, but yes they are allowed to deny due process and get away with it.
I have a debt in dispute with the CFPB, and it has not yet been resolved, but during the government shutdown the Original Creditor turned it over to a collection agency. The collection agency has not contacted me in writing at all, but they did a hard pull on my credit report. I legitimately closed the account when it was paid in full, but they continued billing me after I had cancelled the service. Now the matter is simply snowballing. I am very upset about this. If a consumer is in the midst of a dispute with the CFPB, I would think there would be a "time out" on collection actions and especially malicious hard pull of the credit report while the dispute is ongoing.
Consumers should be able to review all encoding and information in e-OSCAR and there should be a comprehensive means to submit corrections and evidence to a dispute.
puterbug
1
I knew a man who was sued by a debt collector and he was not served. "Someone" was served, but not at his address and he was denied due process. He learned of the suit when it was a judgment on his credit report. He attempted to have the judgment overturned for lack of due process and the judge would not grant it. Unfortunate, but yes they are allowed to deny due process and get away with it.
View this comment in the discussion thread
puterbug
2
I have a debt in dispute with the CFPB, and it has not yet been resolved, but during the government shutdown the Original Creditor turned it over to a collection agency. The collection agency has not contacted me in writing at all, but they did a hard pull on my credit report. I legitimately closed the account when it was paid in full, but they continued billing me after I had cancelled the service. Now the matter is simply snowballing. I am very upset about this. If a consumer is in the midst of a dispute with the CFPB, I would think there would be a "time out" on collection actions and especially malicious hard pull of the credit report while the dispute is ongoing.
View this comment in the discussion thread
puterbug
3
Consumers should be able to review all encoding and information in e-OSCAR and there should be a comprehensive means to submit corrections and evidence to a dispute.
View this comment in the discussion thread