So, I forgot about this small problem I had in November. I received a first notice from Credit Collection Services (CCS) (dated Nov. 18), upon receiving the notice I called them and told them I was disputing the account and asked for a fax number, the rep and supervisor refused the fax number. I sent the same day cert. mail with deliver confirmation a c&d and dispute letter. They received that November 30 and was signed for. On December 2nd they mailed a 2nd notice with NOTICE all around the border, how to pay my account, and how they can contact me at work if I have not prohibited them from doing so. I filed complaints with the FTC, no help there, BBB, wasnt expecting anything from them but wanted to just to be a pain in the ass, NJ AG, no help, the refused to listen to my complaint after CCS stated it had been resolved, which it had not, and the ACA, who eventually Admonished them in Feb. When I called CCS and spoke with the operations manager, he stated the 2nd notice is not a demand for payment therefore allowed within the 30 days. The letter clearly states how I can pay the bill, the options of how to do it, where I can go, the balance, a payment envelope, and the balance with NOTICE all around the border. Isn't this a violation? They claim that due to advance mail processing time the 2nd letter was already intiated, but not post marked until Dec. 5th. They refused to validate the debt and returned it back to the OC.
They are claiming all defenses they can think of. That tells you they know they have been caught, as they know full well their second letter IS a collection letter. Does it say "This is an attempt to collect a debt" or something similar? If so, then that is what it is. The claim that the second notice is NOT an attempt to collect is nonsense. It is nothing but an attempt to collect, as they well know. There is no other reason to provide information on how to pay, along with an envelope to use to send in the payment. That is why they also claimed it all "crossed in the mail". At 5 days from receipt of your validation request, they figure they can still get away with collection activity. Another few days, and their "crossed in the mail" looks less credible. Since they claim to have sent it back to the OC, are they reporting it on your credit reports? If so, have you disputed, and have they "verified"? If they verify, after acknowledging receipt of your dispute and validation request, and after not sending it, that would be continued collection, long after a defense of "it crossed in the mail" would do much good.
Since they claim to have dropped this like a hot potato, what do you know of the legitimacy of the original debt from the OC?
I know the debt, the balance is correct, I just wanted them to prove it, which they didn't want to take the time to do it. They are not reporting and neither is the OC. I haven't heard anything since they "returned the account back to the OC on Dec. 7th". Should I get an attorney? I have the letter from the ACA showing their determination. Yes the second notice has "this is an attempt...."
Or is there some kind of letter I can send to their president/legal dept. that would benefit them to settle with me outside of court?
Although they are technically in violation for continued collection without validation, with only 5 days overlap, you might not get far, particularly if they have in fact sent the account back and stopped collection activities. Are they reporting anything on your credit reports?
bump... I assume I should get an attorney and attempt to sue them? Is there any letter that I could send them that would make them settle outside court?
