I got a sickening sweet letter Friday from a CA asking me to call and work out a payment plan etc. This CA has had the account since 10/2001 or so. This is the first letter I've had from them. This letter does not state they are licensed in my state. It does say it's from a CA and any information will be used for that purpose. It does not say i have the right to dispute within 30 days. I never got one informing me I had 30 days to dispute the account. They called my son (in April) and left a message on his answering machine, saying it was urgent and i needed to call them, leaving the 800# and a reference #. (They called me a few days earlier and left the same message. We don't know if they called everyone with my last name or if they knew he was my son.) This was their only contact until the letter arrived. (My correct address is on the CR and they pulled it 10/2001.) Are required to say they are licensed in my state? What about sending me a letter informing me that I have the right to dispute within 30 days? Was the call to my son a violation, since they left the account #?
But if i have real violations against them, i'd like to use it to settle the debt. One monkey completely off my back is better than one waiting to jump on... i don't have the funds to pay them, SOL is 4 years off, and i'm trying to aviod bankruptcy. I know they can't tell other people about my debts, but does leaving the account # constitute a violation? Anyone could call them back, give the acct # and find out who they were...
According to the online database, they aren't licensed in my state. From the way I read the state's website, both the agency and the agent need to be licensed.
too poor, Slow down a little here! First and foremost is to find out who this company is and really find out if they are a bonafide collection agency. It could be the creditor themselves. If they are a CA then I hope you still have that letter from them, if you do then good!! As far as the phone calls go, can you prove they were made and what was said?? If not you could bring them up but they will deny ever making them or saying what you stated they said. One thing I have learned in this game is to have proof of everything, that way when you go to court you will overwhelm them with evidence and actual proof to prove their violations. Second, have you read the FCRA and FDCPA from cover to cover and actually understand everything?? If not, read, read and read some more. If you did then good, read it again and know it like the back of your hand. Send out a validation and full dispute letter to the CA immediately. Send everything certified and registered, so you have proof it was sent and they received it! Once the CA has receipt of your validation letter you should then dispute it with the CRA. Ask them to verify all info, every date, balance and notation wherther reported or not. If they verify with the CRA during the validation process and do not tell them of your dispute, now you have ammunition for your lawsuit!! Find out how the small claims process works in your state and whether the collection agency is supposed to be licensed in your state. If you find they are not licensed when they are supposed to be, do not tell them this!! This is what you will also use in court against them!! It's too easy for them to go out and get the proper licesing once you bring it to their attention. By doing this you screw yourself and others in the same situation. You have found the right place for help and answers to any of your questions. The people here are very knowledgeable and will help you out, but you also need to do some homework on your own if you are to be successful at winning this battle! Good Luck! Tac
It is a collection agency, not the OC. They are on Budhibbs.com worst list. I guess i'd better not mention their name... Yes, i have the only letter they sent (it came friday). From the way the letter reads, it looks like they may have bought the debt from citibank. It lists the client as an investment group using the same company name and the OC as citibank. (as in: "my collection agency", "my investment group") They don't specifically mention they bought the debt though. The phone at the state agency was busy, so i sent an email. I'll try the phone again in a bit, unless i get a reply back first. I have a copy of one answering machine message from April. They left an 800# and I located the agency name by searching the internet for the number. I read the FDCPA and FCPA several times, but i'm not sure it all sunk in.
Too_Poor, Follow Mindcrimes advice, Launch your validation demand immediately. If a CA calls and then waits months to send you a notice this is yet another violation, as they are required to notify you within 5 days from initial contact. Keep reading and keep us posted.
