re: your post on C&D = delete would you consider this to be a violation if you notify the CA that you refused to pay a debt should they C&D all further coll activity? if a CA contacts you after you notified them that you refused to pay how would you get them to delete ?
Any communications after a Section 805 C&D, would be a violation, as far as I am concerned; unless it is one of the 3 allowed for exceptions, which would be virtually impossible to communicate through the credit report.
ok I understand that point but say you did not write the CA and specifically say C&D and just stated that you refused to pay the debt. is this considered a violation for cont coll activity?
Let's look at Section 805(c) If you notify the CA that you do not intend to pay the debt, you are still asking them to C&D, according to the specific wording of the statute. Both verbiages equal the same result.
thx jam well you made that answer crystal clear ; I need to get back to the basics and re read all the stautes it's been awhile, if I just looked stuff up I would answer alot of my own questions thx 4 the help. when you get a chance PM me again plz
Well, the question isn't whether they call you after the C&D, as Dixie Drifter pointed out in another thread.. They are allowed to call you after a C&D, as long as they keep within the confines of one of the three legal options. If you don't answer, and let the phone go on the machine, technically they are still trying to call you that one last time to tell you one of those three options. Now, if they call you to try to actually collect on the alleged debt, then it would be a matter which you would have to be prepared to litigate. You may not have to actually litigate, but you must be prepared for that option.
never mind calling you I have a collection letter after the fact. since they didn't contact me a final time to inform me of one of the 3 options available I believe its a violation under the FDCPA.
Any collection call, or letter would be a violation. They may be allowed a little bit of time, just in case the letter was already in the out-box, but for all intents and purposes, the minute they signed the green card, any collection communications, written or verbal are to stop. The only reason I say to give a couple days/week is that you don't want them to claim that it was a bona fide error, the letter was already sealed, and ready to go out on xx days mail, and they couldn't stop it from going out.
absent CMRRR would a fax be sufficient notice ? we are talking a years difference in time past from refusal to pay the debt to a new colection letter I now only use CMRRR but in the past I sent a fax and have the transmittal page.
jam, what about if it was sent without cmrrr? also, what about if the CA doesn't have a TL on your CR. Do i take the disputes directly to the OC in order to have them delete the TL in exchange for not suing them? thanks.
A third-party facsimile transmission page may be (although slightly less than a green card) proof. There are a number of reasons for using a third-party facsimile. #1) If it is your own facsimile machine, they could try to claim that you altered the facsimile page to try to provide proof of the delivery. #2) Can we trust that the CA won't try to facsimile bomb the consumer by sending frivelous faxes, at the consumers expense? (Per the 'Junk Fax' law, facsimiles place the burdon for the communication on the recipient in paper, and ink charges, while they may have to pay for the phone call itself.) It still is passing a portion of that cost to the consumer, without the consumer's prior concent, and without the disclosure of the collection purpose. Therefore in violation of the FDCPA, but CA's violate the FDCPA every day.
Something like this to the OC (CC: DSDA Collections) may work. I am just typing a quick off the top of my head letter.
Whether you can go after the OC for future violations of the FDCPA, may depend on your states Consumer Protection Law. (Thanks to PA's AG's suit against Cross Country Bank, I now know, I can... even if a CA isn't involved... ) Although, a consumer could make an arguement using the commentary. http://www.ftc.gov/os/statutes/fdcpa/commentary.htm
