Newbie and confused

Say that you have not received the letter, and tell them it is inconvenient to call you at any time and at any number. What else would you say?

When you receive the letter, you can write the DV that includes the inconvenient statement and send it CMRRR. Just do it within 30 days of receipt of their written correspondence, as the DV letter will require them to cease collection activities until they have provided verification.

Keep a log of every conversation and contact. Look into recording the telephone calls.

Don't confuse their demand letter, which is likely what they are sending, with true validation. It is likely only a claim that they are making, which is what they do in initial letters.

 

Was it a CA in the city/town you live in? If not, if an out-of state, or on the other side of your state? Mail delivery/snail mail can take up to who knows how long, even within the same city. They say/claim they mailed it on the 19th, which was Monday. Today is Friday, the 23rd. Yesterday was a holiday.

 

Did you make the request for validation in writing? Although the request should be just as valid via telephone, a letter is better "evidence". All the better to send Certified Mail Return Receipt Requested (CMRRR), as then you have proof of receipt, as well as actual date.

Okay, to clarify a few things here:

First, a CA does NOT have to send validation, but..if they do not send it, then they must cease all collection activity. Additionally, they must cease any collection activity until they have sent it, and allow mail time for receipt by you.

The "5 days" law, is that they must send you "written notice" of the alleged debt, within five days, if they contact you other than by written notice. i.e., if they call on 11/19/07, then they have until 11/24/07 to send you the written notice of the alleged debt and the collection effort.

If they call back, you have a few options:

1) State you haven't received the requested validation, and request the "cease contact" until you have received it,

2) State you wish them to "Cease & Desist" all contact, and that you will be sending a written request for this,

3) Listen to what they have to say, hopefully noting (documenting) any violations of the FDCPA they may commit

 

Biz offers sound advice herein. If I may, I would suggest that you add to paragraph two the caveat "cease and desist all communication other than through writing." This allows them to contact you through mail which can be useful if they ever intend to institute a civil action against you. If you don't allow this, the only way that they could contact you would be by Summons.

 

Thanks for the detail Apex, I should have added that....

 

I agree with Biz and Apex--everything in writing. But don't tell them to cease and desist everything, just tell them you want all future communications in writing.

 

That's why were here . . . good luck and let us know.

 

Don't tell them to cease and desist. Way too provoctive.

I'd use the language that the FDCPA so kindly provides to accomplish the same thing. Everything in writing via USPS since it is inconvenient to take phone calls at any time or at any number.

If they mistake that, their violation is just far too noticeable to argue bona fide error.

Save the C&D for a FO letter.

 

Not trying to be a gotcha guy Oracle but, we already got that earlier in the thread. Good thinking though . . . I can see you are pretty astute at this.

 

Your energy is what limits your effectiveness. It makes you miss key points. In court that could be disastrous to your case.

The words Cease and Desist are best used selectively and in situations where its use requires the the end of all activity on the part of the other party.

Look at the C&D as a nuclear option. Best used only as the last option.

 

Are you speaking directly to me or in general . . . I can't tell.

 

That's whay we always say limited cease and desist--cease all communications except in writing.

 

You'll both learn when the grenades that you are trying to throw blow up in your faces

 

A limited cease and desist can consist of the words "it is inconvenient for me to take calls at any time and place" but it is still a limited cease and desist.

 

So truly kind of you to give that clarification and admit my point.

Just be patient, and have the first aid kit handy.

 

The substance of the statement "don't call" and "cease and desist except in writing" is exactly the same. It allows for written communication. Your implication that someone would be sued for the above difference is both absurd and speculative.

With that said, I would appreciate it if you could refrain from telling me what I'll learn or what I already know or what limits my effectivness. That is, again, your speculation and irrelevant. Moreover, your tone is offensive and rude far and away. Both are totally unnecessary.

In addition, all this bickering back and forth over language really defeats the intent of this board which is to help consumers.

 

Seems as though I have struck a nerve. So sorry.