Let's say I sign a disclosure or 'waiver' with a mortgage company, which allows them to contact anyone related to securing the mortgage for the borrower, and the mortgage broker decides to contact the CA to find out about the debt (I'm assuming this is legal). After the broker identifies themselves and declares they have been given pp, the CA sends them a fax, and advises verbally this is a valid account. The broker is made to assume I was sent this correspondance, because on the fax it is addressed to me. The problem is, it really was never sent to me and they have not properly validated with me as of yet (they did respond but no statement of rights). On it, it states: "please accept this letter as your written confirmation of your outstanding balance with the above listed client. This figure is quoted through 4/30/04. No counter offers will be accepted." The letter is dated 4/2/04. Then it lists the amount, client, account# and lists mini-miranda rights (this is attempt to collect...) Is it legal for them to send information to 3rd parties while they have not send me proper notice in advance? Also, what should I interpret "no counter offers will be accepted" to mean, they will not accept a settlement to anything less?
Is it legal for them to send information to 3rd parties while they have not send me proper notice in advance? Also, what should I interpret "no counter offers will be accepted" to mean, they will not accept a settlement to anything less?
Bump Can anyone answer if a CA can communicate data to a 3rd party(if they have been given permission to do so) yet have not communicated that specific information to the alleged debtor?
Bump Can anyone answer if a CA can communicate data to a 3rd party(if they have been given permission to do so) yet have not communicated that specific information to the alleged debtor ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
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thats a good question, in looking at the FDCPA I see no where that it is prohibited: obviously in this circumstance prior consent was given, considering that i would conclude since they had permission they were ok. anyone else?
Can anyone answer ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> http://newfunpages.com/taxform.php3