Interseting verbiage on CA Ltr...

Discussion in 'Credit Talk' started by monij2000, Feb 25, 2002.

  1. monij2000

    monij2000 Well-Known Member

    OK, guys, here's an example of sleazy tactics can someone let me know if they are violating anything here? This is the first letter I have received from these bastar...I will definitely send validation letter to them:

    NOTIFICATION TO CREDIT BUREAU

    You have failed to resolve this legally due and owing obligation.

    As a result, we are reporting your account to a credit reporting agency (have not yet seen this)

    When you buy items-stereos, cars, rent an apartment, buy a house- others can see this on your credit record and may deny you credit.

    Only you can prevent future contact and denial of credit by making one phone call today to 800-***-****. we will work with you to clear your record.

    This is an attempt ...(yada, yada, etc)...

    SO, can any CA say what they want (legally??)?
     
  2. GEORGE

    GEORGE Well-Known Member

    Did they say what you bought and "DIDN'T" pay for???
     
  3. monij2000

    monij2000 Well-Known Member

    Of course not....this is actually a collection from my son's old preschool......now they were paid in full before we moved, so NEWS TO ME!! (BTW....they don't have my SSN#....can they find a way to get that and put this on my CR???) I'm sending validation today....
     
  4. whyspers

    whyspers Well-Known Member

    JCP didn't have my social security number and they sure managed to get that account on my CR. Don't know how they do it, but the answer to your question is...yes they can.

    L
     
  5. monij2000

    monij2000 Well-Known Member

    What about their verbiage, guys?? I need some AMMO!!! :)
     
  6. GEORGE

    GEORGE Well-Known Member

    They don't need SS#.

    They can put name, address, and phone and get access.

    The insurance companies can get access with DRIVER'S LICENSE #.
     
  7. breeze

    breeze Well-Known Member

    They only have to match name and address or name and date of birth, and they often aren't exact. Often people with similar names and a different address (like another state) get mixed files.
     
  8. monij2000

    monij2000 Well-Known Member

    OK....LIZARD,

    I did get a letter from a different CA that looks like a bill, and DOES NOT say, 'this is an attempt to collect a debt...." Can you tell me what section of FCRA/FDCPA that violation is in?? They also reported me to CRA 1 month before sending me their first collection letter!
     
  9. LKH

    LKH Well-Known Member


    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

    Read section 809
     
  10. monij2000

    monij2000 Well-Known Member

    LKH and all,

    Thank you so much, you have helped tremendously.... so here are the violations the agency has committed to this point....(Is this considered a total of 6???) I have already mailed the validation letter, but did not quote any of the violations (to see if they would bury themselves even more) should I quote these in the estoppel letter if it gets to that point???

    § 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 --

    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.


    § 807. False or misleading representations [15 USC 1962e]

    (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.


    (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
     

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