i just received a letter from a ca that says they have contacted me by mail previously regarding a cc debt. The cc is still within SOL AND the amount is around 2000. First of all i have NEVER received any type of letter from these ca except the first one today. I don't want to be taken to court because they could easily make up a letter to show the judge. How do i go about handling this? I have a file of all my credit repair stuff...and this takes the cake. Any suggestions on how to handle this would be greatly appreciated.
They probably did try to send you something previously. They can presume that the letter was received as so long as they didn't get it back. However, if you have an archive of communications that you've received from *ALL* CA's not just this company... You may be able to get a judge to find that you did not receive the previous alleged communications... If they decide to persue court... Typically, their presumption of receipt goes unchallenged (how can you typically prove that you did not receive something, unless that something required a signature to be received) but I have to believe that a competent judge if you hand them your communications archives; the judge asks them when they supposedly sent the communication, and then he looks at that month, and the next month's communications, and doesn't see it, would have to question that presumption. The only problem is that there is a great disparaty at the requirements for communications between the CA & Consumer. The CA just needs to prove that they *SENT* the communications, the consumer (in order to protect their rights) must be able to prove that the CA *RECEIVED* the communications. So the only real effect that the judge questioning their presumption of your receipt would be is allowing a 'tardy' validation letter to be binding, even if the CA would not agree that they needed to comply with 809(b).
yeah.........all validation letters are in synch with each other along with the cmrrr. But what kind of letter can i write to them to hold them off for a while?
no.........it was just a letter saying that i owe the money now after the "first" attempt. no mini miranda.......nothing.
OK, which one are they saying they did - communicate with you or "attempt" to communicate with you? Makes a BIG difference. If "communicate" then the onus on you (right now) is to assert that this letter is the FIRST communication you have recieved and l;et THEM show otherwise. Remember the Judicial principle - if you don't dispute it, you accept t. If "attempt" then they are implying the attempt was unsuccessful and that THIS is their first ACTUAL communication. Either way, no mini-miranda, FDCPA violation.
hey flying........wouldn't you know it.............i received ANOTHER ca letter from of course a different ca trying the same method as the other one. Here is how the first ca worded their letter: CA 1: This office has written to you previously in an effort to try and resolve your account reference above. Your balance $XXXX still remains due and owing. Then they tell me how they want the money sent, for example a certain percentage NOW and then x amount of money each month. They have a mini miranda CA 2: Since all previous attempts to resolve the above captioned debt have failed, this firm has been retained by the above name client to assist in the collection of this debt. It goes on to say that this is an opportunity to resolve the debt and collection activity will cease once it is paid and that it is legally owed. Also they have their address but the oc's name above it...it looks as if the oc is writing to me. I think i will dv the second one........but what about the first one? I have no idea on what to say in a letter to them.
Hi , I haven't yet read all the postings but I wanted to verify something with you and give you my opinion. 1. did you send either of the Ca a letter of dispute and request validation of the debt by CMRRR ?( certified mail return reciept) 2. did you dispute this account with the CRA ?( credit reporting agencies) the letter you recieved from the law firm does it gives an attorneys name and the Ca address? sometimes Ca retain attorneys and house them in the same office. if it has no attorneys name on the document anywhere you may have a violation under the FDCPA 15 usc 1692 e , j enfocebale liability under 813 if you havent sent a letter of dispute do that NOW !! and put the tracking # on your letter from the certified mail certificate this proves that the CA recievd that letter and not something else. once that is done they can not continue to pursue you for that debt until they provide proof of the debt. I would dispute the debt with the CRA at the same time that way if they verify it and do not respond to your request for validation they violate the FCRA . let us know how it goes for you good luck
