Automated Collection Tech, Inc. 2425 N. Central Expy, Ste 1000 Richardson, TX 75080 September 12, 2002 Re: XXXXXXXX Dear dirtbag, You are hereby, lawfully notified, in accordance with the Fair Debt Collection Practices Act (FDCPA), not to engage in any further communication with me regarding the above referenced account except as specifically allowed per § 805. Communication in connection with debt collection [15 USC 1692c]. Paragraph c of section 805 reads as follows: (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. Failure to comply with this confirmed and tracked notice will result in my filing a complaint with the Federal Trade Commission and the Texas Attorney Generalâ??s Office. I will be thorough and pursue all criminal and civil claims against you and your company should the need arise as well. Be advised that I do not appreciate the threatening tone your last letter either. In that letter you state; â??you should be aware that our efforts to collect this debt will not end with this letter. We will not simply â??go awayâ? due to your lack of response.â? You may consider this my response. I do not know exactly what you mean by this, whether you plan to send someone over to break my legs or something, but if you are threatening me, I caution you to stop this harassing form of communication as it could be interpreted as a clear violation of § 806. Harassment or abuse [15 USC 1692d] under the FDCPA. As you probably know the statute of limitations has long since expired on this alleged debt, and I will invoke that as an affirmative defense in any suit you may bring, or to have any judgement you obtain without my knowledge vacated. Threatening legal action without intent to actually initiate legal action is considered harassment, and is a violation of § 807. False or misleading representations [15 USC 1962e] sub paragraph (5). (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. Also be advised that your records do not include my correct mailing address or phone number. You have been calling my grandparents house and writing to their address. The FDCPA also governs communications with third parties under § 805. Communication in connection with debt collection [15 USC 1692c] (b) COMMUNICATION WITH THIRD PARTIES. Consider this formal notification that I hereby prohibit you from contacting them or any other thrid party in this matter except as specifically allowed under the FDCPA. I would not recommend you call me as you have been instructed to cease communication with me, however, if you simply can not control yourself, my telephone number is (xxx) xxx-xxxx. Be forewarned that I record all conversations regarding business dealings for reference and legal action if necessary. If you call me for any reason other than those specifically allowed under the FDCPA and outlined above, I will take legal action against you for violations of the FDCPA. The return address indicated at the top of this notice is my current mailing address. Should you have a need to contact me regarding any allowable communication under the FDCPA, such as pending litigation, please address all future correspondence to this address. Best Regards, XXXXXXX They sent a letter to my wife at her grandparents house because that is the last address they have for her. I wrote the above letter out of anger at this CA. The debt is past TX SOL and it is past 7 year Credit rule. It is not being reported on my wife's credit files, we suffered with it for 7 years already. I really want to send the letter because their letter is so dastardly, but I am afraid they might try to stick something on my wifes report in retaliation. What does everyone think, send it or just ignore their nasty letters.
The vetrans would probably say don't anger them, but I personally love it. These idiots need to be dealt with a times. I am working on getting my two chargeoffs pulled, then I'll be back in the good graces of the 750+ club.
Sending it all depends on how much you want the mail/and or phone calls to stop. If you want it to stop, then send it. Don't forget that anything they may place on her report would be a violation. And, I'm sure you have proof of the dates from other reports? If so, I wouldn't worry about it being reported. You pretty much covered that. And if they do report it, file a lawsuit. Don't even send them an intent as this letter is basically that.
Well LKH, that's good enough for me...lol. If you think it is ok to send then it's going out tomorrow. Thanks for reading and I appreciate the advice.
Mitchra, I like it, I reallyyyyyyyy like it. In fact, I like it so much it's already been cut, pasted and poached into Word. Sassy
You really should send it. LKH made a good point about the violations they could suffer if they retaliate. Are you actually going to address it to "Dear Dirtbag"? Lol, it seems fitting! Good luck.
No, the "dear dirtbag" was for your entertainment. I addressed it to the person listed in their letter...lol I think dear dirtbag would be fitting though, but might be considered provoking.
I just finished addressing the envelope, and I put in paran; (counter-offer enclosed). Hopefully that will ensure that they accept it and sign the green card. Boy do they have a surprise when they read my counter-offer...lol
You might want to tone it down a notch. All your letter may "earn" you is a hard inquiry from the CA. Since you still owe them money they can legally pull it. The CA inquiry will definately hurt your score -- 25 points +
They already have two hard inqs on her report. Does a CA doing a hard ing affect your score worse than any other creditor? How do the computers know whether it is a CA or a regular creditor? I have been wondering about that.
Oh I doubt it. LOL Fire away! Don't forget to include the certified mail number IN THE LETTER; Automated Collection Tech, Inc. 2425 N. Central Expy, Ste 1000 Richardson, TX 75080 September 12, 2002 Re: XXXXXXXX Cerified Mail Number: xxxx xxxx xxxx xxxx xxxx Dear dirtbag,
Hmmmm, maybe even CC it to the president of the company. Richardson (Dallas), TX Automated Collection Technologies Inc. 2425 N. Central Expressway, Suite 1000, ZIP: 75080 Mailing Address: 2425 N. Central Expressway, Suite 1000, ZIP: 75080 Phone: (972) 271-6010 Fax: (972) 840-6346 Ms. Gayle West, President
mitchra, I think you are beyond the SOL for enforcement. Anything after that date you could argue, and some courts have agreed, is unconscionable. Depending on the number and impact of the inquiries the pulling itself can be considered a poisoning of your score. You could put that in your letter as well, I caution you to take no action that would be detrimental to my credit reports, status, or score. Sassy
