Here's what happened ... A CA put a collection account on my credit report. I sent a validation letter and disputed with the CRA. The collection account came off my report. The CA sent me a one line letter saying that I was not on their list of debtors, but the letter the CA sent didn't have any notices at all--not even the part about the letter being from a collector and any info would be used to collect, etc. There was no signature, no name. It was literally a one-liner. I sent the CA an intent to sue letter for a laundry list of violations. The CA sent me another letter denying the moon in the sky and this letter didn't have any notices either! Like the first, this letter wasn't signed and didn't have any name on it, either. It was just letterhead, their address, the content of the letter and nothing more. I know that in the second letter they lied to me several times. We all know lying is a no-no, but what I'm wondering is... Since the entry came off my report, are they now free to lie to me? Also, are they now not required to provide notices in their correspondence to me?
As long as those letters aren't soliciting payment or in any way written for the purpose of collecting the debt, they aren't doing anything 'wrong,' per se. I'm sure that you can still catch them on the lack of mini-mirandas, however. Of course, if you C&D'ed them, then they're most definitely in the wrong for contacting you at all.
ooohhh I have some responses so far WITHOUT mini mirandas as well. Hmmm.....I think I have a few leverage issues myself....
If they removed the account due to the CRA investigation, and specifically said you were not on their list of debtors, they are not trying to collect from you. The only remaining issue is if they left a CA inquiry visible to others on your credit report. Check and ask them to remove it for no PP.
What I'm upset about is the fact that the letters are from a debt collector. May be they are not collecting this particular account, but what if they acquire another account of mine in the future? Won't they use whatever information they gain through this communication to collect on future accounts if they come into play? My understanding of the law is that all communication from a debt collector is for the purpose of collecting debts, because that's what they do. So, any information they get would likely be used to their advantage in collecting a debt--any debt. And by that logic, you need that notice to make you aware that your words may be used against you later. By that logic, what difference does it make that they are not collecting at this very moment? That's assuming that they are even telling the truth!
Re: Re: Does the FDCPA still apply? Actually, yes. They are organized when it comes to the information they seek and use against you. If we, as consumers trying to repair their credit, keep a log of everything we do and everything that happens, what makes you think the CA doesn't? Most, if not all, CA's keep a log of all contacts they have with any and everyone. Theres tons of software developed specifically for that purpose. So, I don't think it's that unbelievable for the person who handles my letter or call to make a note in the log about what was said or what was found out.
Re: Re: Does the FDCPA still apply? Sorry but they're not quite that sophisticated. The average collector is basically working on his own with each account and could care less about future leads stemming from your account info. When you pay them what they say you owe, everything eventually ends up in the garbage and you become history. Also keep in mind, the average collector works at that business for a short time - the revolving door is quite furious from what I hear. Honestly I believe you are being overly paranoid to say the least. Sal
Sounds like something close to a "we are ceasing our efforts to collect" letter, though not exactly. My take on it is Let It Go and move onto the next tradeline.
Re: Re: Re: Does the FDCPA still apply? You're desperately wrong on this. A good example would be G&S, Inc. This guy called me when I was in college and demanded money for a cable bill. I told him, "I don't have anything. I'm a student." He replied that I should get a job. I told that I was already working the maximum hours allowed for a full-time student based on my state's law. And, he was flabbergasted. I summed it up with, "You can't get blood from a turnip, so do whatever you have to do, papi chulo." Four years later, there was some pitter patter of the keyboard and then he read it back to me from the log... WORD-FOR-WORD. CAs keep logs of their contact with debtors. Or maybe I've just had the misfortune of dealing with overachiever CAs.
Re: Re: Re: Does the FDCPA still apply? bp, keep in mind that Sal was referring to the "average" CA, a general statement. Furthermore, the reference was to notes regarding accounts that are no longer active. Chilly, it is Friday.
Re: Re: Re: Does the FDCPA still apply? bp, sounds fishy, lol, "intent to sue" regarding ??? Who was the CA that allegedly had the notes from 4 years ago? Welcome to the Forum.
