I am about 2 weeks new here, I have read the introductory and was trying to let the juices marinate. When I received a letter today from CA scum bag. This is my first letter from the CA. I learned how to disappear when i was left unable to pay my debt because of layoffs and marriage problem's. So, after 2 years they found me, but they only have my suite address. I lucked upon this website and it seems in the nick of time. Because the letters have begun here is the letter i received today Dear Please, The above referenced account has been forwarded to our office for the immediate collection of the balance in full. Our client has attempted to resolve this debt with you however as of this this date it appears as though your decision was to ignore all previous attempts at a peaceful resolution of this problem. our client has authorized us to take every step necessary in order for this debt to be paid in full. We would recommend that you take advantage of this opportunity to pay this on a voluntary basis. Unless we receive a call for making payment within seven days of receipt of this letter, we will proceed with the necessary collection procedures to recover the full balance of our client's money. We advise that you send your payment Western union quick collect payable to "scumbag ca" Sincerely, scumbag rep All portions of this claim shall be assumed valid by CA unless the debt or any portion thereof is disputed to CA, within 30days . if you notify CA in writing of such dispute within this time , CA will mail you NOTIFICATION of debt or a copy of the judgment. If the original creditor is different from the above named creditor, the name and address of the OC will be provided upon request. CA is attempting to collect a debt and any information obtained will be used for that purpose. the oc is first national bank. the original debt amount has been ballooned and is still racking up interest. the unpaid account was closed by the oc in "00". Should i send this letter to the CA,. Notice this notice is my response to your unsigned letter dated 03/31/03 As i have no account with you, nor am I your customer, nor have i ever entered a contract with you, nor have i ever even heard of you, I must ask you to provide the following information. 1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter? 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4.Please evidence your authorization to di business or operate in this state. 5.Please evidence proof of the alleged debt, including specifically the alleged contract or other instruments bearing my signature. You have 30 days from receipt of this notice to respond. Your failure to respond, on point , in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed. For the purposes of 15 USC 1692 et seq.,this notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement , election or waiver of status. Sincerely, please (no signature) and should i send a dispute to all 3 CRA's as well
This letter (fron cnet sample letter section) has worked for me in every case. I have used it with the toughest CA's. Your letter is good but I would recommend that you don't try to re-invent the wheel. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=85495#post85495 Hope this helps.
Thank you, mailing tommorow CRRR. do i also send disputes to the CRA's? any little help is greatly appreciated. also do I CRRR to a p.o box which may give me more time? or do I look for a physical address?
I'm making the following assumptions, 1. that this is the first letter from this office and 2. it is not internal to FNB. If so, you have your first major violation. They can't send a letter which circumvents your 30 day right to request validation - ie. "Unless we receive a call for making payment within seven days of receipt of this letter,". There was a big case that is exactly on point, the name escapes me but I'm sure someone will supply it. Send validation req. to make above work. Do not req. verification w/ CRA's unless you're sure CA is reporting to each. Wait for return of CRRR green card from CA before req. verification. 0
yes this is showing on all three of my reports. but not this amount. They have some note on my report that says something like they can't find me. In the mini maranda they said i had 30 days to dispute. The CA is NCR,INC.
Re: Re: 1st scum bag letter Yes, the mini-miranda says 30 days but they are attempting to circumvent it. 0
Re: Re: Re: 1st scum bag letter Here is an FTC opinion letter that references some cases that deal with overshadowing. http://www.ftc.gov/os/statutes/fdcpa/letters/edwards2.htm Basically, when they said you had 7 days to pay knowing that you had 30 days to dispute they are "overshadowing" your dispute rights. I believe, (and I'm winging it here!), these types of cases have been tested in the courts. It has to do with a least competent (thats not the word - but I can't remember it!) consumer test. In other words, an uneducated consumer, in reading that letter, will likely pay the bill in 7 days to avoid further problems, when in reality they have 30 days to dispute. Did that make sense?
Re: Re: Re: 1st scum bag letter Oh yeah, put that letter in a safe deposit box. Its worth its weight in gold!
Re: Re: Re: Re: 1st scum bag letter I think jlynn is dead on here.. yes they are allowed to try and collect during the inital 30 days, they only have to cease those actions once you dispute. There's plenty of FTC opinion letters and citations to this effect. But by adding that 7 day stuff, they're in effect trying to "overshadow" the 30 day period, and the FTC has made it very clear their thoughts on that. I would go the validation route as you get close to the end of the 30 day window, try to get some other violations as well. That letter from them is an ace-in-the-hole I think.
Re: Re: Re: Re: 1st scum bag letter I would recommend that you don't try to reinvent the wheel. http://consumers.creditnet.com/stra...85495#post85495 Hope this helps. kalinka Please | 4 posts since Mar 2003 Don't change the Validation letter that kalinka showed you here. And do dot sign it. Just type in your name. The END ************************* LB 59