Its very very minor, but if I read the FDCPA correctly, which I'm sure I didn't it says.... § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. Now heres my question, I paid a CA $650 total spread out over 4 months ($162.50 on the 18th of every month). I finished paying in October. The call I made to them saying "hey I want to pay this" (i never asked for deletion cause I hadn't found this board) I gave them 4 posted dated checks (i Know another dumb move) anyway, they NEVER sent a letter saying "hey don't forget that check you posted dated with us" NOTHING I never heard from them after I called them. They are reporting on all 3 CRA's (hubbys report) and I want it off. Do you think if I threaten a lawsuit they'll cave? Do I have any ground for a lawsuit or am I reading this section all wrong? TIA! KHM
Never threaten to sue unless you actually intend to follow through. These guys get threatened with legal action dozens of times a day.They know they have no control over a lawsuit. They also know nothing bad can happen to them until they are sued and have a court date. If you're just bluffing, expext them to ignore it.
