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I need "experts" opinion on this

Discussion in 'Credit Talk' started by Dato77, Aug 5, 2004.

  1. Aug 5, 2004 #1
    Dato77

    Dato77 Active Member

    805c Ceasing Communication "..debt collector shall not COMMUNICATE further with the consumer with respect to such debt"
    Communication is defined as DIRECT or INDIRECT conveying of debt to any person. Is it correct to assume that INDIRECT communication regarding debt would also include reporting debt to CRAs, after the debtor has told the CA that he/she refuses to pay (cease communication) and if the CA does not do any of the 3 things allowed under 805C

    Butch, what is your opinion on this?
     
  3. Aug 12, 2004 #2
    mikemi

    mikemi Member

    No way ,,,they can report it even after you have sent validation however they just broke the law if during the 30 day period or they have not validated They can sue you even during the validation period. However what you are talking about means calling you if you did send them a validation with limited cease and desist. That is the communication that must cease if you told them too..They can continue to send letters but if they call after your letter that is a violation.. proving it is a little tricky you will find much info here on taping tele calls but it can be done check your state laws on this.. However the court may not allow it as evidence in your case.
     
  4. Aug 13, 2004 #3
    pd11604

    pd11604 Well-Known Member

    Communication is defined as DIRECT or INDIRECT conveying of debt to any person

    The CRA is a business not a person and, that is why the CRA's exist - they are in the business of keeping these records
    so the answer would be NO
     
  5. Aug 13, 2004 #4
    Flyingifr

    Flyingifr Well-Known Member

    Re: Re: I need "experts" opinion on this

    Not quite accurate. The CRA's are LLC's or Corporations and in the eyes of the law those are "legal persons". Now.... if the law said "natural person".....
     
  6. Aug 13, 2004 #5
    Hedwig

    Hedwig Well-Known Member

    Re: Re: I need "experts" opinion on this

    A refusal to pay is not a cease and desist. Did you give them a written notice to not contact you or to contact you only in writing?

    Remember, they can still sue you. A cease and desist (total) means that the only way they can contact you is to sue. And if they sue and you don't show up, they can get a default judgment. So make sure if you're sued, you answer and show up for court.
     
  7. Aug 13, 2004 #6
    fun4u2

    fun4u2 Well-Known Member

    Re: Re: I need "experts" opinion on this

    lets clarify this issue a little shall we.

    1) technically a creditor / CA can not sue you if the SOL has expired on the debt.

    your defense is a time barred debt and is a FDCPA violation on their part.

    however a creditor/ CA can still attempt to collect the debt even after the SOL and the 7 yr reporting period has expired. UNLESS you inform them in writing to C&D


    2) C&D can be partial or full.

    I would notify the creditor /CA by CMRRR and put that tracking # on your letter

    you can specify no further communication or limited by writing only .

    it depends what you are trying to accomplish

    if they violate and contact you after you have the return receipt keep records on your calendar of names dates and times even better to have a recording (if its legal in your state)

    If you refuse to pay a debt that creditor is not to communicate with you at all anymore except in writing to

    notify you that a suit has been filed / or will be filed
    or that they intend to close the matter

    jam has a thread called C&D = delete check it out

    also the experts can give more insight on this topic this is just my opinion and is not legal advise.
    ck out lawguru.com ask a lawyer in your state a free legal question on any subject :)
     

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