I requested for validation from a collection agency for Capital One by the name of United Recovery Systems, Inc. Sent off the dispute by CRRR and got the green card back. The date on the green card was 3/5/04. Today I get a letter from the CA dated 3/12/04. "We have been attempting to contact you with regard to the above-reference account!!! Our client has asked us to negotiate with you to resolve this debt. We would like to arrange re-payment terms with you--based upon......" Well, you get the idea. Isn't this a violation for basically continuing to try to collect a debt after a request for validation?
wait for the 30 days to be up then write them either a 2nd attempt at validation, or use the estoppel if your in a hurry. Meanwhile its kinda nice if they keep sending you collection notices because if you have to file suit against them each letter is potentially worth $1000 bucks in your pocket.
Yesterday I got another letter from United Recovery Systems, Inc. offering to settle on my account. No validation and another attempt to collect. The 30 day request that I sent by CRRR is up on Monday. Read this: SETTLEMENT OFFER!!!!! We have been attempting to contact you with regard to the above referenced account. Our client has agreed to accept $1043.39 as a settlement for monies owing on your account. Payment must be received by this office within ten business days of the postmark of this letter. If you are unable to take advantage of this settlement offer, our client has asked us to negotiate with you to resolve this debt. We would like to arrange repayment terms with you --based on your individual circumstances. Blah, blah, blah I think they should send me a check for $956.21 for the difference between what they say I owe and the two $1000 violations I have on them. Please tell me what I should do next?
Yesterday I got another letter from United Recovery Systems, Inc. offering to settle on my account. No validation and another attempt to collect. The 30 day request that I sent by CRRR is up on Monday. Read this: SETTLEMENT OFFER!!!!! We have been attempting to contact you with regard to the above referenced account. Our client has agreed to accept $1043.39 as a settlement for monies owing on your account. Payment must be received by this office within ten business days of the postmark of this letter. If you are unable to take advantage of this settlement offer, our client has asked us to negotiate with you to resolve this debt. We would like to arrange repayment terms with you --based on your individual circumstances. Blah, blah, blah I think they should send me a check for $956.21 for the difference between what they say I owe and the two $1000 violations I have on them. Please tell me what I should do next?
Basically what BUTCH is asking is, whether or not your letter to them was within the 30 day period from the date you received their first letter with your mini-miranda in it...
Saul you've been around for over 2 years. You have some reading to do. [color=blue=]§ 809. Validation of debts [15 USC 1692g] http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. [/color] This is the full notice of rights. BTW - Jam the MM is the little "This is an attempt to collect a debt. Any blah blah blah".
Validation Notice (as the one lawyer I am fighting called it. Ironically a breath (in writing) before she switched the verbiage to verification.) Typed too quickly
-Probably a perfect example of a consumer who MAY have a perfect "continued collection activity" case. -BUT, TIMING in this case IS EVERYTHING.
Yeah I have, but I am just getting back in the credit repair game. I guess I've just been lazy in doing my own research, but this is the first time a CA actually is falling into the C-Net trap.
Well we care about how successful you're going to be Saul, so lets get busy! Besides you're missin all the fun. .
To hiding So hiding90, what to do next? This item is not showing up on my credit report, but they did pull a hard inquiry. I am considering sending an Intent to Sue letter. I think that sending another validation letter will just continue their attempts to collect letters while this second validation request is in.
Re: To hiding -IF, and ONLY IF, your request for validation was sent to the collection agency DURING THE 30 days AFTER THE INITIAL COMMUNICATION FROM the debt collector, do you have a case. -IF THIS IS THE FACT, then the debt collecto can be liable under 809. -Personally, I dont like INTENT TO SUE letters unless it is just an attempt to resolve an issue quicker than small claims court. Good luck
