Was this a violation?

Discussion in 'Credit Talk' started by dabster, Feb 25, 2004.

  1. dabster

    dabster Active Member

    This is a little different than I've seen before. My situation is that an account of mine was given to Sherman Acq. then was passed over (they say they think it was handed over, not bought, by their "law firm" then it was given to a law firm in my state for "finalization."

    My question on whether the middle law firm violated the FDCPA by calling me after I had requested validation from the last law firm, over 30 days ago (second validation letter is going out tomorrow).

    I was told by the lady that they called on the account in error, since it had already been sent to the last law firm.

    Not sure if this is a violation or not, since they probably wouldn't have known about the validation letter sent to the last law firm. Just looking for a violation, though. :)

    They left a message for me saying I needed to call them back ASAP on this account. This is when I called, armed with what I'd learned here. I think when I started asking them about how they acquired the account, why I was called from their office when they now say it was in another CAs hands, etc. that they didn't go any further.

    Anyway, just fishing for some $$. Thanks!
     
  2. kickman

    kickman Well-Known Member

    If the account is yours, consider ultimately paying on it. At the same time, the middle or latest CA probably didn't receive your request for validation. Probably no violations--yet. Send them validation request.
     
  3. dabster

    dabster Active Member

    I forgot to add, in my haste to post this before leaving work, that they contacted me by phone after I sent a letter to Sherman stating that they may only contact me via mail or fax. Since they got this debt from Sherman, I believe they have to honor that limited cease and desist, too.

    How about this for a violation? :)
     
  4. lbrown59

    lbrown59 Well-Known Member

    there was a good thread the otherd day about hand me down collections like this .
     
  5. dabster

    dabster Active Member

    Well, they called again (it's an automated phone system) this morning at 8:37am. It said to call them about an important business matter. Any way I could construe this as being collection of a debt they don't have? In addition, it was before 9am, too.

    :)
     
  6. pd11604

    pd11604 Well-Known Member

    They are allowed to call between 8:00 AM and 9:00 PM local time
     

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