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I am shooting off a second DV letter to a CA today. Their response to the first letter was nothing more than "we verified with the OC that you owe $XXX... please contact us to settle the acount." Honestly, I owe the money and it's a recent debt.

 

My reply is that they have failed to comply with the terms of my demand, a verification is not a validation, etc., and that they have violated the FDCPA by continuing collection activity by asking that I contact them to settle the account.

 

My thought now is that, at the same time I send the second DV, doing an online payment to the OC through my bank (I know the creditor accepts electronic payments in this manner). I know that the OC can reject the payment, but I'm thinking it's worth a shot. The upshot is that, by my thinking, if the CA goes to the OC to get documentation, and the debt has by then been paid, accepted, and applied to my account, there's no documentation that the OC can give the CA to validate the account because it's been paid. In th mean time, until they provide the documentation, the CA can't report to the CRA's. It would be a catch-22.

 

Has anyone tried this? If so, how did it work out? I know it really depends on the OC and whether they will return the payment. But, of course, if they do accept the payment, it really stops the CA in their tracks.

 

Can anyone see any downside to this tactic.

 

Thanks in advance for your input.


The last post in this topic was posted 6476 days ago. 

 

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