Just got a letter today.. here is how it started out... "Our research into your employment and asset information is complete. If we do not hear from you within ten (10) days of the date of this letter, we will assume you do not intend to honor your obligation to this debt volutarily and we will have no alternative but to make a recommendation to our client on how we feel your account should be resolved..." First off.. I was unemployed for 13 months, and just got back to work in October 2003. So, with all that my bills got so behind, and my original creditors not wanting to work with me have everything in charge-off status. Is a collection agency authorized to research into a regular "joe" consumer about their assets and employment information? Or is this just a scare tactic??
A lot of times the CA can get your employment information from your credit report alone. Sometimes they get it under Section 804, when they ask third parties how to contact you, if they haven't been able to contact you. The question is how extensive an investigation qualifies for that statement. If they pull your credit report and it says you work for XYZ Co, then technically they have investigated your employment. Whether or not you actually work for XYZ Co is another matter. This wasn't your first letter from this company, was it? Did it include the "This is an attempt to collect a debt." disclaimer?
What could a standard CA (not an attorney) advise a client to do? If they advise the client to sue, they're practicing law without a license. Now, how big of an account are they claiming that this account is? Have you requested validation? Have they provided any validation?
Important links ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* >If we do not hear from you within ten (10) days of the date of this letter, we will assume you do not intend to honor your obligation to this debt. ********************************************* This is a violation they have to give you 30 days. The 30 days starts when you receive their letter; not 30 days from the date of their letter. Stating 10 days is called overshadowing your rights and is illegal.
lb, Only if this is the first communication. From the sounds of this letter, this is the 'final' letter before they send the account back to the OC for them to handle. That is why I asked the poster, if this was the first communication, or if they had previous letters from them.
Not true, any more than you advising someone to take some aspirin for a headache is practicing medicine without a license. Now, if they go on the record in Pleadings, THEN you have UPL (unlicensed practice of law)
I have read on some boards that their is technically no time limit. By this I mean "if you don't respond in x number of days, we assume that you are not disputing that it is your debt..." A specific section of the law is sourced, I just don't have it with me right now. Does anyone know anything about this??
