We just received the letter which follows from a CA on behalf of the City of Atlanta. They have our correct new address in Alabama and this is the first letter we have received, although their correspondence reads as though they have sent us prior notices. We don't know what this is for, as we sold our house in Atl in January. I have not yet pulled DHs CR to see what is reporting. Am I right in thinking that there are 2 violations herein: 1) no mini-miranda and 2) not licensed to collect debts in AL ?? I searched the Alabama corporate registry and the only LDC shown is in FLorida. Does every state require foreign CAs to be reigistered, or does that vary state by state? Do we start with a demand for validation? Do we have grounds for an ITS? Since they have our current address, they can't prove we received prior notice, and we can't prove that we didn't. Any advice welcomed. Thanks Poochie LDC 55029486 PO Box 723836 Atlanta GA 31139 NOTICE OF CREDIT BUREAU REPORTING Mr. Poochie Address YOUR DELINQUENT ACCOUNT HAS BEEN REPORTED TO A NATIONAL CREDIT AGENCY You were notified of our intent to report the unpaid alance listed below to a national credit agency if you did not pay the outstanding balance. We have no record to show you made payment as requested. Since you did not pay, we have referred this account to a national credit agency. This outstanding debt will remain listed as an unpaid debt on your credit report unitl it is satisfied. Negative credit reporting can have an adverse effect on your ability to secure credit for consumer loans, mortgages, credit cards and rental or lease agreements. To clear this debt from your credit report, the balance must be paid in full IMMEDIATELY. Upon receipt of your payment, we will immediately certify a clearance of your debt to the national credit agency. If you do not pay, your delinquent account may also be forwarded to an attorney for other enforcement actions. Please remit your payment to the City of Atlanta Bureau of Treasury using the enclosed envelope. DO NOT SEND CASH. Write your account number on the check or money order and return the bottom portion of this notice with your payment. Closed date 2004, Amount due $334.60 If you have any question regarding this matter, you may contact our office at ###-###-#### END
Poochie, this letter sounds like it is still coming from the City of Atlanta and not from a CA just yet. The way they say "we" in the letter and that they are asking you to remit payment to the Bureau of Treasury instead of to the address of LDC (not sure what that is). But I think that is why there is no mini-miranda on it, it is not required of them, just the CAs. As for the licensing, unfortunately it looks like anyone can do it in AL from my understanding: http://www.lawdog.com/states/al/st1.htm
Re: FDCPA violations from City of A I agree with your reading of AL law, but the letter certainly reads as though it is from a 3rd party collector. If it from City of Atlanta, it seems like it would be illegal as hell, particularly since they are using a different name and representing themselves as a separate entity. And anyone that is attempting to collect a debt on behalf of an OC better play by the FDCPA. These people are scummy!!! Do CAs only have to do a minimiranda on 1st communications? How can they prove that they've contacted you prior?
Re: FDCPA violations from City of A A CA can send a letter, asking the consumer to remit the funds to the OC; or they may have been given a special address by the OC to have consumers remit their finds for accounts which are assigned to that particular CA. It all depends on how their contract with the OC is worded. The 'we' in this case is still the CA, chances are this is the second letter that they sent, the first one probably was returned because of the incorrect address. Remember there is a major difference between mini-miranda "This is an attempt to collect a debt, information received will be used for that purpose.", and the validation "you have 30 days from the receipt of this letter to dispute this account." They are only required to provide the 30 day validation notice on the first communication that they send, and the law does not require that that notice is ever received, just that it is sent. The mini-miranda "attempt to collect a debt" notice must be on every communication. I would demand validation for this account, and immediatly send a dispute to all the CRA's as soon as you know that it was received. Dispute any accounts in both the name of the CA, and the "City of Atlanta" in case it is submitted in the name of the OC, as not mine.
Re: FDCPA violations from City of A It could be that if this is not a 'debt' as defined by the FDCPA, then the CA could be exempt from the FDCPA for this debt. If this alleged debt is a tax obligation, or anything else which is exempt from being considered a debt, under the FDCPA, then there isn't a possibility of FDCPA violations, because the FDCPA doesn't apply, even if the letter is from the CA, and not the OC. But, I would still demand validation of the debt to find out what they are claiming that the debt is.
Re: FDCPA violations from City of A No, it's not a tax issue. We sold the property in January and all of our tax stuff wsa settled at that time. We think it is some ancillary service like water bill or trash collection. So in that case, are they in violation of FDCPA for not including the mini-miranda? I understand the validation notice being included only on the 1st communication, but I wasn't sure about the miranda bit. We will do a val demand crrr tomorrow, and I have to pull DHs reports to see if in fact this account has been reported. Also, I find their wording really interesting - in the second paragraph they say "To clear this debt from your credit report..." as though it will disappear entirely, and then they follow it with the somewhat vague language "we will immediately certifu a clearance of your debt to the national credit agency" which of course means absolutely nothing.
Re: Re: FDCPA violations from City of A It means they will immediately report the debt as a paid collection!
