I have a collection agency that sent me a letter, I replied with a validation request. They failed to provide validation but they continue collection efforts via phone calls. They have not reported the debt to cra yet, can I still sue them under the FDCPA? Thanks
Whether they report the debt on your credit report or not, they are still violating the Fair Debt Collection Practices Act, section 809b. You can still sue for their violations. Just make sure you have everything documented. Did you send the validation letter certified return receipt mail?
Yes validation went certified return receipt requested. Should I send a ITS to them listing the violations and requesting $1000.00? So far they have called 3 times, should I give them more time to hang them selves?
Couple things though: 1- Was the request for validation sent WITHIN the 30 days following THE INITIAL COMMUNICATION FROM the debt collector?? 2- Did RECORD the phone calls
The request was sent the first day I got the collection notice. I did not record the first conversation but the 2 follow up call are messages that are saved on my answering machine.
Ok, I have four calls 3 of witch are recorded on the answering machine. Time to drop the bomb on their arse?
Ok FX, This is a great case. Even tho they violated you still must make the debt itself go away. If it is yours, nows the time to use this as leverage to extract a settlement you can live with, or you'll sue them. 2 choices. How much is this for? ???
Well their commission is at most about $180. They won't fight you very hard on this. Just stick to your guns. Figure out a way to blame the entire "misunderstanding" on them. .
What do you suggest? Asking as a settlement that they pay the alledge debt that they are attempting to collect from me using unfair collection practices or ask for 1k and I can then pay the account with the money?
You're not mad at me are ya FX? I mean nobody can tell you what to do but; 1) It's not on your CR. Whatever you need to do to keep it off may be well worth it for you. Example; I once paid a cpl hundred bux for somethin I didn't owe, just to make it go away. Although I don't recommend this for everyone, for me it was the best $200 I ever spent. My time is worth money too. 2) You do have leverage to use to bolster your position. Problem is regardless of how many violations or much money we win in a suit the debt is still the debt. The ONLY way to make it go away is to MAKE IT GO AWAY. 3) If they won't budge, you can do one of 3 things; a) Close the collection acct. and then come back around and push the inaccurate reporting issue, via FCRA. b) File suit right now. Once they get served, then try to work out a deal, (in exchange for deletion of course) and you'll drop your suit. c) Stay patient and see if you can get a violation in writing. Having a bit of a stronger case if you needed to file wouldn't hurt here. Have you tried working with the OC? Did they blow you off? ???
who is the Ca and who is the Oc for the cell phone ?? have they reponded to your request for validation yet? is there an Inquiry for the CA on your report not the Tl the inquiry?
Re: CAn I sue a CA not reporting on Hi, Thanks for advise Butch, I do not get mad. Why would I, when you giuys are always providing so much invaluable help. I understand that each case is different and nobody can make decisions for me, but it helps when someone with more expereince than me tells me what they think is fair given the circunstances. Helps one go for obtainable goals CA is Diversified consultants, OC is Tmobile, I am leaning towards sending an ITS today and give them 7 days to reply if they do not I will then follow up with a lawsuit. On the ITS I will just ask them to pay the allleged debt. They have not provided any validation yet, the listing is not on my credit report yet.
