Hi all, It has been a long time since I've posted on the board. I have been busy with family health problems. Anyway, here is my problem today. A couple of months ago I received a form letter from a collection attorney telling me I owe money for a debt I really don't think I owe. I sent a validation letter within the 30 day period, CMRRR, and got the green card back. A month or so goes by, and I get another letter from the same attorney, (actually, the exact same form letter looking for money). No validation. I know there is a violation here. A collection attorney should know better. Here is my question....which step do I take now? Send another validation letter? I don't think estoppel applies here, and I kind of question the value of that letter in the first place. I have searched the archives here, and haven't really found a clear answer to this question. Buck
Hi Buck. I can't advise on the estoppel because I'm relatively new and still getting my bearing on things. BUT I do know that in the 2nd follow up letter for validation at this link: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=85493#post85493 it says this: This is a request for debt validation from a creditor or credit bureau who has failed to respond to your original inquiry within the required 30 days. Send as certified mail, return receipt requested. This letter is formal notice that you have failed to respond in a timely manner to my dispute letter of <insert date>, deposited by registered mail with the U.S. Postal Service on that date. ************************ Or there's this one for over 60 day no response http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=85492#post85492 ****************************** Good luck to you and I pray you're health issues improve.
Remember, that there is no obligation to provide validation. There is only an obligation to cease collection activities until they do validate... THAT is the violation. There are a lot of companies which are too inept to find out how they can suspend the accounts from being sent mail when they're under a validation request, and some others have it set up that if another account comes in, they move the old account into a new account to try to avoid it. or a twist on the last one, they either send it back to the original creditor, who sends it back to them, and they put a new account number on it; or they skip that step, and just put a new account number on it and act as though the new account has never been disputed.
Re: Re: CA Ignored My Validation Letter Jam - Although I'm not the original poster, I wanted to thank you for explaining it this way. Gives me a much better understanding how this works.
Re: Re: CA Ignored My Validation Letter There are a number of FTC Opinion letters on whether a CA has to even acknowledge that they are ceasing collection activities. They don't... It would be nice if they would, but since they aren't required to they rarely do. BTW: all of the 'tricks' I listed are illegal, but the CA will possibly try to claim a bona fide error, if you sue them on it... "We didn't know that our software was set up wrong", "We didn't know that this was the same account we turned back to the OC, previously", etc.
Re: Re: CA Ignored My Validation Letter I thought that the Cass Opinion was one of those and I was right... Cass Opinion http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm #2, and #4 are the portions of Cass that are usually cited (CRA reporting as collection activity) #3 is on whether or not a CA can just stop everything, and go away, instead of providing validation.
Re: Re: CA Ignored My Validation Letter This is my point. After receiving my initial letter, they DID NOT cease collection activity. I know they don't have to respond, but if they don't, they do have to stop trying to collect or send it back to the OC. Instead, they sent another letter and continue to try to collect on this debt. That is the part that I know to be a violation. That said, I'll restate my question: What do I do next, since they basically ignored my first letter and continue collection efforts?
Re: Re: Re: CA Ignored My Validation Letter What will you recommend when they ignore the estoppel letter too?
Re: Re: Re: Re: CA Ignored My Validation Letter lb, they could always ignore that... but then that would be a good default judgement.
Re: Re: Re: Re: CA Ignored My Validation Letter Has anyone ever used the estoppel letter with any success? I was under the impression it is pretty much ignored by the CA and doesn't really carry any weight in court.
Re: Re: Re: Re: Re: CA Ignored My Validation Letter 1*Right but the consequences are greater if they do. 2*Isn't a judgment what we want? I don't much care how I get it.
Re: Re: Re: Re: Re: CA Ignored My Validation Letter 1*I was under the impression the estoppel letter was pretty much ignored by the CA 2*I was under the impression the estoppel letter doesn't really carry any weight in court. Buck ======================= 1*Which is exactly what we want the CA to do. 2*What carries the wait is the paper trail not the estoppel.
Re: Re: Re: Re: Re: Re: CA Ignored My Validation Letter KK... It really depends on how ticked the CA decides to make the consumer. There is one CA which I am close to filing against, even after they closed the account, and deleted it, because its the PRINCIPAL of the situation. The *OWNER* of the CA had the gull to accuse me of liable, then offering to 'work with me, if i will only pick up the phone and call him' because this account was legitimate, and when I go to the FTC, it turns out that not only was this account not legitimate, it was covered by not one, not two, BUT THREE PERM RESTRAINING ORDERS & INJUNCTION issued by FEDERAL COURT preventing the release of any information by anyone directly, or indirectly related to the plaintiffs, about any of the victims of the plaintiffs, because the plaintiffs were selling their victims information, including credit & bank account info. Then after they accuse me of liable, they decide to re-age the account on one CRA. And the claims of liable were despite the fact that everything in my complaint was backed up by the documentation included with the complaint. I probably wouldn't have sued until the owner accused me of liable, for an account that I KNEW was not mine, now I am saving up my pennys to sue, I have more than a year and a half on the clock, my pennys can build up in that time...
Re: Re: Re: Re: Re: Re: Re: CA Ignored My Validation Letter There are millions of people who would like to sue and thousands willing to do it. but only hundreds that ever do it.
OR...... Jam through my DH's work, we have a legal plan. You can get the same plan through legalplans.com .. you pay something like $35 a month I think and they send letters, sue on your behalf, deal with creditors and even go to court with you. It works like a good medical insurance plan... you can go anytime!
I think what I will do is send another, slightly modified version of a validation letter. I will mention they have already violated the FDCPA. Perhaps when they realize they are dealing with an informed consumer they will back off. The amount of the bill is not worth suing over, but I'll be damned if I pay for a debt I don't owe. Perhaps if they rack up more violations it will be worth my while to go to court.
