I got a letter dated 12/4 from Collectech for a Sprint PCS bill. I mailed the validation/cease and desist letter CRRR on 12/12. They signed for it on 12/18. I got a notice from them dated 12/13 on the 19th (I know dated before they received the CRRR), BUT low and behold in my mail today I received another COLLECTION NOTICE. I have NEVER received ANY info regarding this account, no printouts, nothing. I sent my letter (and they received it) well before my 30 days were up. What do I do now? It's not on my CR (it IS my bill, I never signed a check I always paid online thru Sprint's site, this bill was actually disputed (I cancelled service and got charged TWICE the cancellation fee). What next file Monday? Wait to see if it shows up on my reports? Wait to see if I get any other letters? Thanks! KHM
I forgot to mention in big bold letters on this new notice it says: WARNING! We are obligated to our client to make our best efforts to collect this account, to the extent permitted by the federal fair debt collection practice act of 1978 (public law 95-109) Wasn't it ammended in 1997 or 94? KHM
Imho, CAs which demonstrate lawful, statute-complaint behavior deserve to be paid, however consumers should get it all in writing before paying off an account. Paid accounts impart certain credit repair advantages, as well as karmic ones. Now, regarding abusive CAs who don't value statutory compliance... Once you have requested validation they MUST cease all collection efforts per the FDCPA until they have validated the debt. In other words, the transaction should go like this if they don't break the law (and pardon my pedantics, LOL): Collector: Pay this bill. You: Prove it's mine. <-- your validation letter Collector: Ok, since that's the law, I will prove it's yours. Ok, here is a copy of your original contract for this account, and here are some photocopies of the statements you never paid, and here is our notarized statement that this was a legal debt and that we now own it. You: Hmm, well I'm not acknowledging this debt because I don't recall ever buying that -- it must be an error. Regardless, let's negotiate. I will pay 25% on this debt if you declare it paid in full and update my credit reports to "paid never late." Collector: No, we won't settle for less than 50%. You: 35%, never late, and that's it. Otherwise, I must continue to maintain that this was never mine and end this conversation. Collector: Ok, deal. You: Put it in writing to me that you agree to 35% of this unacknowledged debt, that you will update all three credit bureau files to "paid never late," and that the alleged debt will be paid in full at that point. Once I receive your signed letter to this effect, I will take additional action. Collector: Ok. Instead, here's what usually happens: Collector: Pay this bill. You: Prove it's mine. <-- your validation letter Collector: Ok, here. <-- provides inadequate validation, or -- most often -- ignores the letter, which is an FDCPA VIOLATION. OR, as what happened with you, they CONTINUED TO COLLECT which is a CLEAR FDCPA VIOLATION. You: Hey, wait a minute. You ignored my lawful request for validation, and now you must discharge this debt and update my files to "paid never late." <-- your estoppel letter (or you simply take them to court now) Collector: Ok. <-- they cave in and go away, or you sue them in small claims and they settle quickly in your favor KHM, you are still at the point where they neglected to provide validation. You've got them for that AND for continuing to collect when they still haven't proven to you that it's your debt. Doc
Doc- Thank you for the fast response. I am giddy that they screwed up. As soon as I saw the address on the envelope I laughed. Ok so my next question(s). Should I send the estoppel tomorrow (or wait til the 18th which would be 30 days from when they received MY validation letter)? Should I modify the estoppel to say I got them in FDCPA violations and go to small claims court Monday? Should I just go to small claims? Do I need to find a registered agent for them in NH or do I send it to their California office? How much do I sue for $2000 (2 violations) or $5000 (defamation and all that)?? THANK YOU THANK YOU THANK YOU!!! KHM
You've really got them. Keep everything, their letters and evelopes. Wait out 31 days from the day they received your validation letter. send an estoppel letter. Customize it with "and you've already violated the FDCPA by continuing to collect on this debt without validation"... Let them get this letter... then do a demand letter right after that. GO apply for some card you can't get. Get actual damages. then you really can sue them for the line you won't get and for the violations. You DONT want them to just say sorry and send it back to the original creditor because the original creditor will send it out to another collection agency. You want them to acknowlege their large error and pay you for it. Either with cash, all tradelines removed (including the original creditor tradeline) and a nullification of the debt and all collection activities forever. It's your ball now. Take their money and their apologies. We normally let them off too easily. The letter is HARD FDCPA violation proof. Smile. It's a belated holiday present. Sue them if you want. You can. You can also mail the original creditor that their collection agency is violating the FDCPA and the FCRA and you will hold them liable as well... that may get things moving.
Oh hey. afterthought. get a copy of your credit report. see if they've bothered to note your account as "in dispute". I'd bet my first born they didn't. That's a FCRA violation. make them take all inquiries off too. they poison your file.
Marie- I knew keeping their envelopes would help...lol. They are NOT reporting this debt as of yet. I DID get denied for a Chase card today, but I guess it won't help if they aren't reporting the collection account. Thanks again, this is where it gets fun. KHM
Another dumb question about Collectech... My hubby ALSO had an acct with Sprint which is being collected by Collectech (same situation) BUT they REFUSED his CRRR. What if I send the estoppel and they refuse? Another violation? Should I just get an attorney at this point? Thanks again. I'm sure there will be more questions to come. KHM
I am through the estoppel process and into demand. Guess what? Not one person caved. Some creditors sent photocopied statements, some cancelled checks, most sent nothing. One week into demand...nada. What I am going to do, go file 5 small claims suits at $200 a piece? Who's got time for that? The dangerous thing is that if I file and they fight back, what next? What case citation can I quote? Where in FDCPA does it say that statutory time limits can be set aside? How can you prove damages? I hear many people talk on CreditNet about preparing for battle, mounting their horse, marching up the ridge and then nothing. Who has actually went to court and won claiming violations of the FDCPA on an old account which has gone way past the intial contact period the CA first contacted them. Where is the beef?
I agree with all so far. If you do send a demand letter, throw their little WARNING line back at them: WARNING, you have an obligation to obey the FDCPA which you have already violated. Correct this NOW or suffer the consequences.
For starters, you can send copies of every letter you sent and copies of every certified mail receipt with a letter to the cra's demanding they remove the tradeline since it's obvious the collector can't validate it.
So here's what I found... The letters I receive come from Woodland Hills CA. but I am afraid they will ignore anymore CRRR so to cover all bases... Colletech Corporate Office PO BOX 1521 Agoura Hills CA 91376-1521 plus a fax # Collectech HQ 3111 S. Dixie Hiway suite 101 West Palm Beach FLA. 33405 plus a fax # PRESIDENT: Michael R. Karosas Collectech Massachusetts office (closest to me) 800 Cummings Center suite 364U Beverly MA 01915 VP MASS OFFICE: Greg Veprek no fax # So I'm thinking of sending my estoppel as well as demand letters CRRR to ALL 3 addresses as well as faxing them to the 2 with fax numbers. If I demand nullifying any further collection from anyone ever about this debt, should I write this in the letter or with the lawsuit? If I send a demand letter does that ruin the chance for a lawsuit? Thanks guys you are great!!! KHM
Me AGAIN...sorry. What do I write in my demand letter? Is there a sample one I can work with? Basically I want (demand) that NO ONE can EVER try and collect on this again, some cash would be nice (they did violate FDCPA), and an apology. At this point I am hoping they report to the CRA's so I can apply for Chase and get denied...sad huh? Do I send the estoppel first and then the demand or mesh it into one letter? Thanks again guys.. BTW I tried searching, and I am horrible at it I came up with 1078 posts...lol KHM
I agree with what the others have said. Sorry, had a family emergency and haven't been available. When searching, use quote marks for phrases. If you enter the phrase "demand letter" -that exact phrase is what the engine searches for. If you enter the words demand and letter without quote marks -it searches for documents containing the two words, not the phrase.
...or a wimpy whining member that asks for plenty advice and never follows it, then whines some more...
Your mature response to my serious question has been duly noted with the moderator. "You are a tool". Did you learn that by watching the MTV's Real World? Don't be a hostile punk.
When do I get to be a hostile punk and a tool? I'm tired of being nice to everybody except lbrown59. I'm ready for some excitement. Doc
Put up your dukes Doc. Where's Jason? He can rumble,... but seriously though, it's all in good fun. Intelligent articulate people can agree to disagree.
