Re: Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! LOL, I ........understand.....Nana.........(typing slow, here....lol)......j/K I don't know what "claim" it could be either, so, I guess we've all missed it. Shorty.
Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! sherman is doing the same to me. Having other CAs contact me by phone, and never receiving anything in the mail from anybody, except now, a friggin attorneys office, who i of course sent a validation demand to. sherman never contacted me directly, but they just listed on my reports. grrr. they must suffer. did it have the mini miranda on it? if so, that in itself is considered continued collection activity. mostly becuase it reads: "this is an attempt to collect a debt." or something along those lines. For some reason I have a little doubt as to whether you could use the 'to receive proper credit...' part as continued collection activity. especially if the letter is a response to something you asked them for. I could very well be wrong tho. just my opinion.
Re: Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Oh, didnt you hear? I'm an IDIOT. lol. I only got a phone call from the other CAs, so I didnt think I had to send validation. (I was just starting out here at CN) So I cant use that angle. However, the attorneys did send 3 more collection attempts after i sent them a validation demand. so, ive got the attorneys on violations, but sherman has wiggled out of everything... directly at least. I think that Sherman is responsible for what their attorneys do tho, so I'm working on getting Sherman to violate me directly at least once, and then I'll go from there. like i said in another thread...i've beat this dead horse long enough. (or was it this thread? lol) either way I'm taking a breather on this for a little while. Nana, Hope youre doing ok today.
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! CM sent me letter dated 12/30, received 1/3, stating that they've requested verification from SA, and of course asking me to call them for account inquiries (as if I'm that stupid..*grin*) 1. Aren't these facts violations of TN Collections Law? Shorty-red ================= They have to get the info direct from tha OC not another CA.
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! CM sent me letter dated 12/30, received 1/3, stating that they've requested verification from SA, and of course asking me to call them for account inquiries (as if I'm that stupid..*grin*) 1. Aren't these facts violations of TN Collections Law? Shorty-red ================= They have to get the info direct from tha OC not another CA.
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! That's what I thought, thank you lbrown!! Shorty
Re: Re: Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Failure to be properly licensed, if required, is a crime against the state. In most state's the AG is the one that enforces the requirements (or investigates claims of non-compliance or official complaints, if allowed) on behalf of the state (not the individual). In some state's the AG does have the authority to seek restitution. Sassy
Need help with letter Nana- Followed your advice regarding checking on CA license and bond. I am in AZ; they are not licensed or bonded according to the State Finance website. Need help composing a short and sweet letter to a CA. They have verified twice to EX that the account is correct. I have not yet sent any correspondance (validation) to them. DOLA was 10/98; debt was originally incurred in NM (car loan-they never repossed and vehicle was abandoned) I've looked though all the letter templates, but can't find one that really addresses this. Can anyone help?
Need help with letter I have a letter that I have used successfully that is a mix of resources. I wrote to CCN Steve cuz I wasn't sure how to post it as I have no idea who to credit for all the resources..I know the state stuff was my own doings..Steve said just to post and explain as I did..so here it is (and don't forget to modify for your own state): This letter worked for me with an unlicensed IL CA.... Dear Dipchip: This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received. Please be advised that this is not a request for "validation" that you have my mailing address. I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. In addition, let me also make you aware that I have contacted the Illinois Department Of Regulation ( Insert your state agency here ) and provided them the number that you provided to me in your letter in an envelope postmarked X-XX-XX. They have confirmed that your license is expired. As you know, there are penalties for fraudulent collection activities. I site for your convenience from the Illinois State Law. (225 ILCS 425/4.5) (Section scheduled to be repealed on January 1, 2006) Sec. 4.5. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a collection agency without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 89-474, eff. 6-18-96.) In addition, I Have verified that Dipchip's CA is not licensed in Colorado. The Colorado law clearly states: 12-14-115. License - registration - unlawful acts. (1) It is unlawful for any person to: (a) Conduct the business of a collection agency or advertise or solicit, either in print, by letter, in person, or otherwise, the right to make collection or obtain payment of any debt on behalf of another without having obtained a license under this article; or (b) Conduct the business of a collection agency under any name other than that under which licensed. (2) and (3) Repealed. (3.5) It is unlawful for a person to act as a collections manager without having complied with sections 12-14-119 and 12-14-122. (4) It is unlawful for any person to employ any person as a solicitor, collections manager, or debt collector under this article without complying with this section. Therefore, your organization has clearly violated at least 2 state laws. Should you continue to attempt to collect, I will be forced to report these violations to both licensing organizations in both states for the flagrant violations of the law. Please note that I have taken careful notes of dates and times of all phone calls by your company and that I have in my possession all correspondence including the dated envelopes which will be provided to the state organizations should you ignore this letter. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. I suggest you, Dipchip CA, get your records in order before I have to proceed with further legal action. Please provide the following Creditor Disclosure Statement with your response to this letter. Sincerely, Ms. A. Goodguy CREDITOR DISCLOSURE STATEMENT Name & Address of Creditor: ________________________ Name of Debtor: _____________________ Acct #:____________ Address of Debtor: ______________________________________ Amount of Debt purported to be owed: ___________ Date It Became Payable: __________________________ Was this debt assigned to the collection agency or purchased? _______ Amount paid if purchased: ___________________ Commission for the collection agency if successful with assigned debt: _________________ Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt. Please attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Please attach copies of all statements while this account was open. Have any insurance claims been made by any creditor regarding this account? Have any judgments been obtained by any creditor regarding this account? Have any negative tradelines been reported to any credit reporting agencies regarding this alleged debt? If so, please name the credit reporting agencies. Please provide the name and address of the bonding agent for the collection agency ( insert name of collection agency ), in case legal action becomes necessary.
Letter notes FYI, for the letter above..I had received a letter from the illegal CA with their supposed license number. (It was one, just expired) so that is what I refer to in the letter. Also, this winner of a CA had no license in two states, the state they were in and the state I was in. You may need to modify that for only one state or to include bonding violations. The reply to this format (I've used it numerous times) has always been immediate withdrawal of claim and entry on any CA (usually within 10 days).
Re: Need help with letter From what I have researched, I would say that the debt falls under the 4 year UCC. In addition, AZ law states that the SOL for written contracts is 4 years for contracts written outside of AZ. So I would assume yes either way. The CA has not contacted me via letter; only via update on my CR (and only EX).
Re: Need help with letter How does this sound for a start? Thanks for your help and input. Upon recent review of my credit reports, I noticed an entry by your company that I did not recognize. I disputed these entries as â??not mineâ?? and your company subsequently verified with the credit-reporting agency twice. This is not a refusal to pay, but a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received. Please be advised that this is not a request for "validation" that you have my mailing address. I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. Let me also make you aware that I have contacted the Arizona State Banking Department and the Arizona Attorney Generalâ??s Consumer Affairs office who have confirmed that you are not registered to conduct collections in the State of Arizona. As you know, there are penalties for fraudulent collection activities. I cite for your convenience from the Arizona State Law: A person desiring to conduct a collection agency must comply with Arizona's licensing requirements prescribed under Title 32, Article 9, Sec. 32-1001, et seq., of the Arizona Revised Statutes. Please also be aware that if the negative remark is not removed from my credit report from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt Collection Practices Act, 3) Defamation of Character. In addition, I will include the unlawful act of portraying yourself as a licensed (or bonded) collector when, in fact, you are not. I will also be filing a complaint with the Federal Trade Commission, State Attorney Generals of both Arizona and New Jersey, as well as the Better Business Bureauâ??s of both states. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Please provide the following Creditor Disclosure Statement with your response to this letter. Sincerely,
Re: Need help with letter Therefore, your organization has clearly violated state laws. Should you continue to attempt to collect, I will be forced to report these violations to both licensing organizations in both states for the flagrant violations of the law. Please note that I have taken careful notes of dates and times of all phone calls by your company and that I have in my possession all correspondence including the dated envelopes which will be provided to the state organizations should you ignore this letter. I would just add the above statement.. Modified, of course.. Nice job.
Re: Need help with letter Just a note: FDCPA under "False or misleading representations" states: "Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The false representation or implication that the debt collector is vouched for, bonded by, or affilitated with the United States or any State...." Thinking that by attempting to collect a debt in a state that they are not licensed or bonded, they are in violation of this section...
