I received a letter from HSI Financial Services on Feb. 19th. I then sent them a cease and desist on Feb 26 crrr. I have the receipt (I've got to go home and find the green card), I went on the usps web site and found that it had been received on the 28th. I just received a "FINAL DEMAND" letter (on Friday) that was typed on March 23rd. Same account numbers as on the original creditor's statement (hospital bill). I know this is a direct violation, but what should I do next?
"Your past due account has been selected for final review. In the event your account remains in an unpaid status, it may be forwarded to: The Law Offices of Carmen Porreca" Duke Oh and the typical "this is attempt to collect...."
I wonder if that FINAL DEMAND letter could be construed as complying with this (if you were in court): § 805. Communication in connection with debt collection [15 USC 1692c] (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. Maybe turning it over to their attys for possible litigation is a 'specified remedy'? The FDCPA is vague on what a 'specified remedy' is. Maybe one of the resident CN experts will take this one.
Well, I'm not an expert, but I was thinking the same thing Queen. They didn't ask for the poster to pay it, they used the word "may" from (2), and the specified remedy would be forward it to an attorney. Thats why I C & D to writing only, rather than shutting them down completely. IMHO you invite a lawsuit. I don't see a violation.
