Ok, I've read this board and just as I think I have a handle on it, something happens and I start doubting myself. I received an initial letter (with a demand for payment) from a CA over a week ago. I immediately sent off a validation request the next day. I tracked and CRRR'd it so I know they received two copies of the letter before the 23rd. However, several days after receiving my letter, they sent out another letter stating I am ignoring them and demanding immediate payment/contact or else..... Alright, is this 3 major violations? 1. Demanding payment in the initial letter. 2. Demanding payment after receiving a validation request. 3. Sending confusing letters to intimidate the debtor during the validation period? I am thinking of forgetting the validation and going for the: if you don't remove everything and cease collection on this account, I will take you to small claims court immediately. Yes, I know I usually state I don't care much for lawsuits (unless all else fails) but I can't stand how this CA is acting. What about all the other debtors out there who don't know about their rights? Urghhhhh. I can't believe they would send that type of letter within one week of the initial letter. Oh, and they are demanding I speak to them by phone only (as I have requested no phone calls!). Ok, just a little ticked here! Usually they are not so blatant. Well, I feel better now. Hope to get some feedback! Maybe I am making more of this than I should, or maybe not?
1. No. That's there job. 2. Yes, if they haven't provided validation or if you sent a cease and desist. 3. Yes. ANY letter sent while you have a dispute going is a violation. Gib
Thanks for the input!!!!! Hmmm....I just read somewhere - got to find it again- that they are not supposed to demand payment during the initial letter. In fact, some court decision was supposed to have backed that up - stating it thwarts the intent of the 30 day period. Has anyone else hear/read this ? Got to find that site again........... Anyway, two out of three is irritating enough. Any ideas of the best way to address this? Again, thanks for responding!
I would not suggest you placing the brakes on validation of the debt and heading straight for a lawsuit. You need more of a paper trail of violations. Are they reporting this debt on your credit report(s)? I ask because you say "if you don't remove everything...." which suggests they have already placed the account on your reports. Now, if they have placed the account on your report and they have not marked the the account as "consumer disputes" or something similar to that effect, that's one more violation you've got 'em on. Wait out the 30 days, then send the estoppel ltr. Include in it the proof they received your validation request letter (green card), along with a copy of the val. ltr, along with a copy of the second ltr they sent you, along with a copy of the envelope it came in (which shows the date it was stamped by the PO) ...which would serve as proof they sent their second ltr AFTER they received a validation letter from you. If this is a small collection account, they'll hopefully drop the account ( an account for say $300 is not worth going after if the consumer has the CA on at least one violation of the FDCPA, which could be $1,000 in the consumers pocket)
Ok, I've got the green card, tracking info from USPS, and their two letters/envelopes. I think I will just send a second response letter requesting validation again, and providing documentation that I did respond earlier (as they state I have not and must in 5 days). I'll wait the 30 days and then send a letter requesting they remove all info or further action may be warranted. I'm pretty sure they don't have any validation info, as the OC doesn't. We'll see how this goes. I don't think they can demand I speak to them by phone only and I'm not going to. By the way, I read the CA's website. They are very proud of how they send out PI's to watch people and how they make sure no one can get any loans until they pay the debt (what?). I've seen a large majority of the CA's websites and theirs is by far the most obnoxious. They seem to pride themselves on being the most devious. Not complaining that people should pay their debts, just that there should be boundaries to how far you can go to collect. PI's and caseworkers who sit outside your home and business? Scary.
Oh, by the way. It was a small account but the debt is now close to $4000.00. That's a large part of my dispute. That, and the OC re-aging the account. I've been keeping copies of my credit reports for the last year - it's amazing how much they change the date of last activity.
They cannot demand you only communicate with them by phone. They say that because they're afraid of the paper trail they'll leave if all communication is done through mail. A CA that hires PI's to watch you?? PLEASE! They HAVE to be kidding! Lets see, CA is trying to collect on a $1000 debt. So... they hire a PI at $100 an hour to watch the consumer. After watching the consumer for 2 days, 5 hours each day, the CA has exhausted their "fund" for the PI to help "scare" the consumer into paying, and they (the CA) will wind up upside down on their collection efforts. #1 Just because a private investigator is watching you, doesn't mean you cannot walk into a bank, credit union, finance company, and apply for, AND receive a loan. Whats the PI going to do? Go in with you and tell the loan officer you owe a debt to the CA that hired him? There's violation #1 of the FDCPA. ....There goes their $1000 dollars. <EDIT> Okay, so it's a fairly large debt. Even at $4000, hiring a PI isn't going to help them one bit. Like I said above, what is the PI going to do? He can't do anything except attempt to intimidate you. BTW, whats the name of the CA you're talking about?
Yep, that's what they state in their website - licensed PI's and field representatives along with attorneys designed to pursue collections. Got to wonder about their overhead costs. Agree with you, doesn't seem a smart move for accounts that are less than $15,000 or $20,000. Again, I understand paying your debts but, jeez, don't these people have any ethics? I'd be scared to use them if I were a business - might get caught up in something not so 'legal'. Ok, obviously I'm tired and going on a tangent here. Need to let it go and realize that's the nature of the beast. I'll give you their name as soon as I pass my 30 day period - just in case their "PI's" are watching us. Sorry, just had to say that!!!!!
I wonder if they just promote PI's on their website to scare a consumer who might be checking them out, or checking up on them, but when it comes down to the wire, they use standard collection tactics. I just don't see what hiring a PI would accomplish for them. PI's are usually used to locate someone, or check up on a spouse, or to tail someone and be sure they don't leave town before a court case is scheduled, things of that nature. Not to sit outside someones house or work place or to stop them from obtaining a loan from a bank or CU --What exactly would that accomplish? I guess they think if the consumer sees the PI parked in front of his/her house, he/she will jump right on the phone and pay the CA. Be sure to keep us posted on the name of this CA.
Do they know you as mommyof2? I highly doubt it. So, considering that they don't know who you are, waiting until the initial 30 days are up to tell us who it is serves no purpose.
I'm gonna start waving to anyone I see lurking behind bushes and around corners, he he he, besides this is getting to be the BEST time of the year in arizona to be outside and without a swamper.
