I sent a PAID CA (regarding 2 accts) a letter stating how they violated the FDCPA (4 violations total). I told them I was willing to NOT pursue a lawsuit IF they respond in writing within 10 days of my letter stating they will delete from the CRA's. 10 days is up tomorrow and so far not a peep from them (they are in my state and I sent it via fax). Should I send a COPY of the small claims paper (not actually file) showing them I'm serious and give them another 5 days? Or should I just go ahead and file? 1 debt was 3 months old before we paid it, we were never notified of the debt and paid it when we saw it on hubbys report, they also spoke to ME (hubbys debt) regarding payment on the acct. In fact at the time we weren't MARRIED!!! 2nd debt was also 3 months old (doctors bill) we thought ins had paid it and they didn't. Again never a notice of the bill, found it on the CR, paid it (in 4 installments preauthorized checks) they were required by FDCPA to send me "reminder notices" when they were going to deposit my post dated checks, never did, and again talked to me about hubby's debt. Would I even have a leg to stand on? Thanks I appreciate any advice given!
Wow, I am interested in knowing the answer to this as well. This is how ALL of my collections got paid. Before I knew anything about credit repair and how paid collections are bad, I pulled my credit report and called every collection on there and paid them. Boy, was I stupid!
Ok Acct #1 An old utility bill sent to collections 3/99 (we moved 10/98 and IMMEDIATELY had our mail forwarded) I noticed it late May 99(on hubbys CR), called the CA (this bill was ONLY in hubbys name and at the time we were NOT married). They spoke to me about it (violation #1), I sent a check, done deal. we never received notice that they were collecting it so we weren't able to dispute. (violation #2) Acct#2 doctors bill (same CA) $650, we thought Ins. paid it. sent to CA 5/01, never received notice they were collecting it. I pulled hubbys report 8/01 saw the CA on there. I called the CA (again hubbys account they spoke to me violation #3). I set up 4 postdated checks over the phone with them (I know big mistake), to be debited the 18th of August, Sept., October and November (each for $162.50). I never heard from them again. I read the FDCPA and it says that if the debtor sets up postdated checks, the CA is required to mail notification no earlier than 10 business days, no less than 3 business days before submitting the check. (every other CA I have dealt with HAS done this). THIS CA didn't. (violation #4). In my letter I spelled it out VERY CLEARLY. I copied and pasted exactly what the FDCPA says, and I gave them 10 days to delete or get sued (basically). Does that make sense?
UPDATE! Hubby is calling them right now, to give them a "friendly" reminder. I'm more concerned with him getting in over his head concerning the FDCPA than I am with the CA most likely saying "too bad". Keep your fingers crossed!
*@#$%&!&@%#$!!!!!! They said "we were within our legal rights" when he questioned them about speaking to me about the account(S) they said "it's not getting deleted" and then hung up.
Just got off the phone with the FTC, they said even though his debt(s) were already paid, he is STILL covered under the FDCPA. We are filing tomorrow. I think I counted 5 violations and not 4. 1. speaking to me about acct #1 2. speaking to me about acct #2 3. depositing checks without a "reminder" notice. 4. not sending our "you have 30 days to dispute letter" (or ANY letter for that matter). acct#1 5. same as 4 but for acct #2. These are the sections: Under § 808. Unfair practices [15 USC 1692f] it states: (regarding acct #1) (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. Under § 805. Communication in connection with debt collection [15 USC 1692c] it statesregarding acct #1 & 2) (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 post judgment 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. § 809. Validation of debts [15 USC 1692g] it states: (regarding acct #1 & 2) (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 -- ......... The only "paper trail" I have is NOTHING from them, and my cancelled checks, and the offer letter I sent them. Lawsuit experts?
KHM My only question is how do you prove your checks are post dated? Other than that, I still think you have a good shot at a settlement. Bobbi
I didn't write them out, I only made ONE phone call to them (old phone bill, man I hope I still have it!) I set up all 4 payments over the phone, so NONE of those check have my signature on them, they're one "preauthorized" checks.
Good, just pull your bank statements. I don't think it will show as a check, I'm not sure, but you might want to get all you can from your bank. Just a thought. I know you know what you are doing. Just bedazzle them with bullsh$t. Courts love paperwork Bobbi
I'm sorry to keep this post going, I am just so peeved!! Plus I've NEVER sued anyone before and I'm making sure I have my ducks in a row! There IS an ACTUAL check (or 4 for that matter) so hopefully that will help. I just don't want poor hubby to be made a fool of cause of my BIG ideas!
I understand completely. I hate being unprepard. I ask tons of questions before I do anything. The easiest way to do it, i just remember everything you bring up, you have to have proof. Courts love paperwork. Before you file you might want to just send the filing papers to the CA and tell them you are going to file suit if your demands aren't met. I hope I was able to help a little. I know I need a lot of hand holding whenever I do anything like this so don't feel bad. Bobbi
From what I understand once you pay a debt you lose a ton of your rights... But you could try to sue them on the basis they mislead you.. Kev
