The Collection Agency Sent The Account Back To The Original Creditor

The Collection Agency Sent The Account Back To The Original Creditor

Despite what a letter may say (see example attached) about a debt collection agency "returning the account to the original creditor" - it's just not true. Should one receive a reply like the attachment, continue with the debt removal steps as usual until it is time to file suit against the collection agency who has been in contact. The debt collection agency still holds the debt. Legally (and logically) they cannot sell the debt back to the bank (only to other collection agencies). If the bank continued to service the debt AFTER claiming a loss to their insurance, that would constitute a serious amount of fraud since the bank has already been compensated for their "loss" via an insurance claim!

Even if the "company" is a legal team hired by the creditor, the US Supreme Court ruling in Bowen v. Needles Nat. Bank, 76 F. 176 (1896) is all that needs to brought before a court to prove that the credit lent was fraudulent and thus the contract is void ab initio (from the beginning). This is a law all banks violate, including numerous violations of contract law by both original creditors and debt collectors, as well all the laws a collection companies violates throughout the collection process. At any point in this "long line of fraud" one can bring any of these issues to the attention of the courts to void the contact (the debt).
    • Related Articles

    • The Debt Collector / Attorney / Law Firm Says They Represent The Original Creditor

      Unless they are the original creditor themselves - this is doubtful. The debt collector can legally say they “represent the original creditor” because a debt buyer may go forward under the authority of the original creditor to pursue a debt. Thus, ...
    • Can Debt Collector Contact Others About One's Debt

      If one has an attorney, the FDCPA prohibits a debt collector from contacting anyone other than one's attorney. If one does not have an attorney, the debt collector may contact other people, but only for the purpose of finding out where one lives or ...
    • What Practices Are Banned For Debt Collectors

      Regarding harassing or abusive tactics, debt collectors may not: Use or threaten to use violence or criminal means to harm a person, their reputation or property; or Use obscene or profane language; or Advertise someone owes a debt; or Advertise a ...
    • Judge Said Original Note Is Not Necessary | Verification of Debt

      This is a blatant misrepresentation to keep one from exposing the truth. The Judge is in most cases using the words VALIDATION and VERIFICATION interchangeably, but they are very different in their meanings. The Chaudhry v. Gallerizzo case upheld a ...
    • What If The Original Creditor Still Has The Debt or Shows On The Credit Report

      If the debt has been "discharged" or shows something similar on one's credit report, the debt note has been sold to a third-party debt collector already. While the debt collector may not have reached out to collect the debt yet, one may still send a ...