Re: Re: Re: CA Protocol I don't think I would go to court on that one point alone. But why not throw it in when applicable?
Re: Re: Re: CA Protocol You can't argue that both ways. Reporting IS communication with the consumer in regards to the 5-day notice. yet reporting is NOT communication with the consumer for purposes of cease/desist. "communication" must be in a form that the consumer is likely to receive. Passenger pidgeon, smoke signals, credit report are NOT likely communication mediums. -Radi8
I agree with smoke signals, and birds, but the FTC has already determined that CA's place collection items on your reports for the very reason that is a tool to get them paid. I think you can argue that it is both ways. The written validation letter must be within 5 days of INITIAL communication, the C&D mentions FURTHER communciation, and section (b) has already excluded reporting. Definitions: (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. Sec. 809: 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 -- 805: (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 postjudgment 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. (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Okay, it is my understanding that a CA (in my case some *** lawyer) must first notify you before reporting to the CRA. chipper =================Who gave you this wrong Idea?
That wrong idea, in particular, was given to me by another site. However, I am full of wrong ideas, so I am used to it. Now, with everyone's help, I have the right idea so I'm off to write some letters! (unsigned, CRRR, of course). Thanks.
