I have an account that has been turned over to collections. It is not charged off. Collection agency left message three weeks ago concerning this account. Received paperwork from collection agency yesterday. Includes mini miranda and original creditor, etc. Collection agency left another message yesterday that the account is in a pre legal status. Also said I have until Friday to pay else the original creditor might take it legal. A validation letter is being sent to the collection agency today
Pre legal = BS. I would start saving their messages. IMHO they are coming pretty darn close to overshadowing your validation rights. Validation is the right move.
Here's the way I see it. Assuming that the collection agency is not just the collections department of the original creditor, they violated the law by contacting you by phone before sending you the paperwork with the mini miranda, and then they again violated the law with another call, because you have 30 days from the mini-miranda letter to refute their claim that you owe money, and in that 30 days they aren't supposed to take any collection activities, and a call threatening that they can take legal action would be considered collection activities. I hope you've saved the messages. Now if the Collection Agency is the collections department of the OC, they basically haven't violated anything, because the billing statements you've been getting every month are the information saying you owe the debt. They don't have to validate or stop collection activities. And I agree with JLynn that the "pre legal" is just a BS tactic ChrisB
Re: Re: What is pre legal status? Chris - thats not right. § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- They can continue collecting within that 30 days up until the point they receive a dispute/validation from you. THEN they must cease collection activity. [/QUOTE]
Pre-legal means nothing. "Take it legal" is NOT the same as "sue". Do a search for a couple of old posts of mine - Understanding Collection Agencies and Understanding the Collection Process. They will help a lot.
1*Also said I have until Friday to pay else the original creditor might take it legal. Black77 2* they are coming pretty darn close to overshadowing your validation rights. jlynn ============= How do you get any closer than # 1* ? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Also on this account: It was opened in 1995 as a Visa. In 2000, new card was sent switching the account to Mastercard with a new account number. Still the same financial Institution. Credit reports show account opened in 1995 (Mastercard account) although the account became active in 2000 and assigned a new account number. Experian shows the original Visa account from 1995 as still being reported through August, 2003 and paid as agreed (TU and Equifax haven't reported since 2000, since the original account transferred) Question: Do the factors above muddy the validation waters the CA must adhere to for a proper validation?
They should have received my validation request no later than last Friday. I haven't received the card back yet. 1. They left a message over the weekend. "Mr. so and so, please call us at xxxxxx to discuss a time sensitive issue." 2. Left a message today. "Mr so and so, this is so and so with xyz...I assume you have no interest in taking care of this matter, if you want to, give me a call for further information at xxxxxx"
By Flyingifr's logic "pre-legal" would mean "before being legal" and therefore illegal. Sounds like that might have happened. 3. How much info did they leave on the first voice mail? They can't disclose info to third parties. Your friends and neighbors routinely stop by and hit the play button - right? Besides, how could they have been sure it was your machine. 2. As jlynn points out: "§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- " You got that letter 3 weeks after the first call. Unless they provided the required info in the call this is another violation. 1. It's already been pointed out that your validation rights may have been overshadowed. 0.
This was the first message/contact: The following message was on my answering machine: "Mr. "my name", this is so and so with xyz. You or your attorney need to call me asap at xxxxxxxx regarding a debt"
Re: Re: What is pre legal status? Violation. (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
Re: Re: What is pre legal status? Here is a great case of overshadowing. They received and signed for my validation request on 9-2. Over the weekend I received a letter from the CA. It contained the mini miranda and said they were authorized by OC to offer a settlement amount of $xxxx. Also stated I had until xxxx date to accept this else they would proceed with their normal collection efforts. BTW.....still haven't received validation from the CA.
