If a ca commits violations during a telephone call to collect a debt, besides suing them, can you go to the oc with the violations to get the ca thrown off the case or force them to accept a verbal agreement made by the ca? 2) If you send a cease & desist won't that automatically trigger a lawsuit? 3) Should i also notify the ca of the violations or wait until the oc gets my certified letter documenting the violations? Thanks in advance for any response.
I believe the FTC has decided that OCs Can be liable for the actions of their CAs. I think you'd have to have a pretty strong case to take it to the OC, however (multiple violations, documents, etc.). A C&D doesn't automatically trigger a lawsuit, but have you sent a demand for validation yet? Start with the CA, demand validation, follow the course and don't worry too much about the OC just yet. If the CA is truly a poor CA, they'll probably add more violations before you're done. Good luck !
Thanks for your reply but what if a settlement agreement has already been discussed with the ca. Can you still ask for validation?
Thanks for your reply but what if a settlement agreement has already been discussed with the ca. Can you still ask for validation? zman ========== Yes but why are you going at it backwards??????? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' Click here: Free Credit Repair Tips http://www.creditinsiders.com/
Leave the OC out of the loop right now Zman. One of the requirements for validation is for the CA to go straight to the OC to get documentation. If you alert the OC you may be cheating yourself out of a violation by the CA, an imoprtant one. Tell us about this "settlement agreement" you made with the CA. What CA is it, and did you "confess" to owing the debt? Did you say anything that, if recorded, may "hang you"? ???
Re: Re: CA violations and OC The certified letter that was sent to the OC included the following statement: "This agreement is restricted. This is not a renewed promise to pay but rather a restricted settlement offer only. It is not to be construed as an acknowledgment of my liability for this debt in any form. " I don't think i said anything that if recorded would hang me. I really would like settle the account and move on.
Re: Re: CA violations and OC A C&D doesn't automatically trigger a lawsuit, but have you sent a demand for validation yet? Start with the CA, demand validation, follow the course and don't worry too much about the OC just yet. If the CA is truly a poor CA, they'll probably add more violations before you're done. dharma bum ===================== Rite THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: CA violations and OC 2) If you send a cease & desist won't that automatically trigger a lawsuit? zman =========== It could THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
I really would like settle the account and move on. zman ================Well then send the CA the validation letter and like butch posted leave the OC out of it for now!!
