I just need an opinion about whether or not I understand part of the FDCPA. My sister has a returned check that was sent to a collection agency. Under the FDCPA, she does not have to deal with the collection agency correct? She can just send them a cease and desist letter after paying the amount of the check to whom she wrote it to? She is going to send payment for the check certified mail and then send a copy of the money order she used to pay the check and the certfied mail receipt showing the payment was received along with a cease and desist letter to the CA. Can she do this? I just want to know if she can before she does and causes a whole bunch of trouble for herself. Thanks! PS(Don't ask me why she is doing it this way, she thinks I am nuts to take advice from people on website about credit stuff. I beg to differ but she has a mind of her own)
What she does is going to depend on whether the CA bought the check, or it was assigned to them for collection. It it was bought she will most likely have to deal with them, if it is assigned, she has a little more leeway. My biggest concern is getting the original check back. If the CA has it, and its not handled properly, it may rear its ugly head YEARS from now. She better hang on to all her paperwork for eternity. If she pays the OC, and C & D's the CA, then they could be just vindictive enough to put it on her cr. If she's hardheaded, you might suggest, at the very least that she mail payment to the OC, and then a few days later mail a dispute/validation to the CA. That has worked for me in the past.
The check was assinged to the CA for collection. They did not purchase the check. She has already sent a val. letter and they sent her back a copy of the check. I read somewhere on this site that if you send a full cease and desist letter that the CA is NOT allowed to put the account on your credit report because this is considered communication from the CA. ( I will try to find the post again) If she pays the OC and sends it certified mail. Wouldn't she just need to send the CA a copy of the money order and a copy of the signed certified mail receipt showing the OC got the payment. Wouldn't they have to list the check as paid and if they check is paid they would have to return the check? This is a local CA, I know some of the people that work there and they don't seem to be like some of the nasty national CA's I have had to work with. Thanks for the reply!
Re: Re: Do I understand this right? Not true. Now that they have validated, they can put it on her report. A cease and desist demands that they not contact you. They can do so once more to tell you what they may do, or what they will do. It does not stop them from putting it on your credit report. They are supposed to. If they aren't nasty, then I would send them a settlement offer (in writing) that if she pays the check, plus any NSF fees, they will NOT now or ever place it on her credit reports.
Re: Re: Do I understand this right? ><- <>- ><- <> Don't pay unless you see the origanl check. No See - No Pay.
