I received a response from a CA stating that there was no statute requiring them to respond to e-mail or faxes and that I must send letter CRRR. I have sent 1st and 2nd validation requests as well as 3-Day Notice to respond or I would file suit for damages, all by fax. How should I respond? T-Man
Interesting. So, they sent you a letter basically confirming they indeed have received your request for validation, however they're not going to honor your request because it was faxed and not mailed? Sounds to me like you have them on the hook. BTW, how can a CA tell you that you must send your validation letters CRRR? I guess by telling you that, they're also admitting that if you just send your letter through regular mail, they'll just toss it. From Section 809 b of the FDCPA: (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. "If the consumer notifies the debt collector in writing within the thirty-day period described in subection (a) that the debt..... Would a fax not be considered writing? I would suggest you send your final letter CRRR, and if they do not comply, file your lawsuit.
Any stall tactic will be used by the unreasonable morons at many of the collection agencies. As someone stated, it is nothing but a stall tactic. My advice is to use the tried and true methods. Sending a letter certified return reciept will hold up in all most any court of law. This is the kind of hard evidence you will need in order to undergo the rigourous scrutiny of the courts. Just use the tried and true methods and you will see results..
Do you have a fax report that states yuor faxes were sent "ok" to their fax number? Sounds like proof to me. Also, I believe they decided sometime back in the mesozoic age that a fax signature is legally binding. Seems to me, you've notified them "in writing", and I agree with the earlier statement that they are stating that they seem to not regard USPS as a valid request either. Lawsuit city! Keep up the letters and faxes and take their posteriors to court! Dancer
Interesting thing I faxed a validation letter to a CA, and i knew they'd try some funny stuff, so since i have a Condo and my best friend lives in the same subdivison. On the Letter of validation i faxed to the CA i changed my address to my buddies Address . I also stated to the CA to please update my records to reflect my address.... Ok 30 past no answer, 60 days past no answer.. I get a collection letter, but Guess where??? My buddies address. I called them up and blasted them, they indicated they never received my validation letter continued to be smart mouth and rude. I Knew i had their Ass!!! So i politely hung up, drafted my letter and sent to them. I recapped what was said on the phone to preserve my paper trail... I Owed them more than the 1,000 i would've gotten for a suit. I explained to them and their Legal Dept that they've just violated the law and that my intent to sue them would be in full effect if they didn't remove the 3,900 bal off my file and delete it from the bureaus with a followup letter to me. I included a copy of my Fax to them showing the updated address. My address before the update, and their letter stating no validation was received by them!!!!! 10 Days later i got a letter telling me they're deleting the debt from my credit file from all 3 bureaus, closing the file with them and hope this matter is considerd closed... I wanted to sue their behinds so bad, but the $3900 was better than the $1,000 but someone told me later i could've gotten both??? Didnt want to risk it..... Nice Trick to trap their Ass....
You could also try fax and mail and put that on the letter. Via Facsimile and First Class Mail. This way, they have it with the speed of the fax, and the back up is they get it by regular mail and you don't have to pay the CRRR fees. Just a thought... L
Whyspers has a great idea! Especially since I've been using this tactic! ) Heck, I even re-fax the "Fax Journal" SHOWING them that it went through! Ha! Ha! to them!! I then make a little trip to the post office and mail Certified RR. ) By the way, at the bottom of the letter, I also put: cc State Attorney General's Office Federal Trade Commission Better Business Bureau This way, hopefully it puts a little more "urgency" into getting a favorable response. And "YES", I send a copy to these entities!! I'm not playing around, anymore! We should be on a 'first name' basis down at FTC headquarters. We'll probably swap Christmas cards by the time I am through dealing with these "goober smoochin" CA's! Another good idea would maybe to use a local business service that charges for faxes. It costs a $1.00 but may even hold up better in court. I work in the Real Estate industry and you know how we have to use the fax machine like an appendage to our bodies! We have to fax all kinds of legal documents! We offer a free fax service to our clients. I cannot imagine, if you have the proof that it went through, that it wouldn't hold up in court.
