RMA Collection

*** I AM SURE THAT THIS CANNOT BE REITERATED ENOUGH. KEEP GOOD RECORDS!!***


IF THIS WERE ME, I WOULD MAKE A COPY OF BOTH CREDIT REPORTS, THE ONE THAT SHOWS THE ORIGINAL COLLECTION STATUS AND THEN THE ONE WITH THE "PAID" COLLECTION STSTUS. KEEP PHONE RECORDS. KEEP REGISTERED MAIL RECEIPTS. THIS WILL ESTABLISH A TIMELINE FOR YOUR CASE IF YOU DECIDE TO TAKE THEM TO COURT. WHICH IT LOOKS LIKE "I" AM GOING TO HAVE TO DO BECAUSE THEY WON'T ANSWER ME EITHER AND HAVE SINCE SENT "ME" A SETTLEMENT LETTER. YOU DIDN'T MENTION IF YOU SENT THE VALIDATION LETTER CERTIFIED WITH RR. YOU DID, DIDN'T YOU? THE 30 DAY LETTER, YOU MENTIONED. ARE YOU SAYING THAT THEY SENT YOU A SETTLEMENT LETTER WHICH SAID SETTLEMENT EXPIRES IN 30 DAYS? IS THIS THE FIRST LETTER THAT YOU'VE EVER RECEIVED FROM THEM?

 

Took 75 days for RMA to send validation - also on Sears debt. They may just be stalling you with the settlement offer.

 

Reading this, I am wondering if this offer for settlement during the 30 days dispute period (seeing that it was sent 5 days after receipt of your dispute) is in fact a violation of the FCRA, since what they propose is getting X $ out of you for "settlement". Experts, isn't this a violation?

My guess is that they do not have the proofe that you asked for.

 

keltexx,


You are correct. If a consumer requests validation and during that validation period the CA sends a letter that still asks for money, they've violated the FDCPA. Also, for the org. poster, if they did not note account that's violation #2.

 

I'm not so sure on this. Now I could be wrong...my memory is faulty at best, but I seem to recall reading either caselaw or an FTC opinion letter saying something about an offer of settlement does not constitute collection activity. On the other hand...it could be that a final letter stating they will not contact them further after a C&D letter was okay. I just can't remember. Might want to look into this further or get something to back up the opinions.


L

 

From the FDCPA Section 805 (c):

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

whyspers, so yes a final letter from the CA after a consumer sends a C&D letter which stays within the boundaries of (1) (2) and (3) of subsection (c) is okay, however, I don't believe a settlement offer would be. A settlement offer is still an attempt at collection activity, they're still trying to get money out of you.

 

I agree. The point being is that the consumer simply asked for validation. Not only did they not provide it, but they also continued to try to collect a portion of that debt.

 

Mark777, Keller:

Are you referring to RMA Purl? If so, then I have the same situation. It's been close to a month now and I've received NO response from them at all.

If you don't mind could all of you please keep updating you're latest news pertaining to RMA, I'll be sure to do the same.



Thanks and good luck,
Sal