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DV question


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First of all, thanks to all the posters - this place is a wealth of information. Please bear with me since I am still a rookie, I think I know a bit but I have a couple of basic questions. I am in a bit of a pickle with a CA, and I think I am seeing some violations, but I am not sure, and I'm starting to doubt my knowledge.

From what I understand, once you receive the initial dunning letter you have the right to request validation within 30 days of the date of the letter. Until the CA provides validation or responds to the letter, they are prohibited from further collection activity. I also read that what constitutes validation is not fully defined, and I assume if it came down to it and it ends up in court, it would be up to the judge to determine if the CA provided validation. So, my question is what happens if all of the elements that constitute DV are provided in the initial dunning letter? Can the CA still resume collection activities without responding to the DV letter, or do they need to send some correspondence prior to resuming the collection activities?

 

Here's my situation. A few months ago I received calls about an alleged debt. The dunning letter came shortly thereafter (unfortunately I did not keep a record of the calls, so I'm not sure if they met the 5 day timeline. Oops on me.). The letter had all the legal elements - 30 day right to dispute, mini-miranda. The letter listed the OC, the account number, and the amount owed, which was the original balance plus interest. The letter said they have been retained to file a lawsuit and I am notified of such possible legal action.

 

So, after freaking out, I googled the company. Found out they have an F with the BBB (not like the BBB holds any weight), and found several postings here and elsewhere that this company is a scam or at the very least a bad apple. Lots of complaints about their collection tactics, complaints that they have drained people's bank accounts after providing them with debit or checking numbers. So, I'm not sure if this is legit. I sent them a DV letter CMRRR, disputing the debt and requesting the date the alleged account was defaulted, proof of valid assignment, the original contract, name and SSN among other things. Basically I was asking for things that the CA would be able to provide if the debt is legit and they have the legal right to collect. I also stated that all phone calls are inconvenient, and no calls should be made to me, my work, relatives, friends, only in writing to my address. Sent the letter within 20 days of the date of the dunning letter, got the green card back a few days later.

 

A couple of months go by, with no correspondence from them whatsoever...I'm home free! Well, no so fast. I start getting calls on my cell. My spouse starts getting calls on their cell. I get calls at work, my spouse gets calls at work. Multiple calls per day. [Okay, is seems to me this is a violation?] I thought they could only call once to locate you - and I gave them my address so they know where I am!

 

I started saving all the voicemails to my cell. The voicemails say "this is XXX from XXX, can you please give us a call?" No mention that this is a call from a debt collector [another violation]? I have 3 voicemails from these guys on a single day.

 

One day they called my spouse's main line at work and the receptionist transferred the call. My spouse mistakenly took the call, since they are in sales and take all calls. They told my spouse that I had admitted to the debt and had been making payments on the debt, and they needed another payment to keep on our payment schedule. My spouse even asked what the payments are, they gave the date of the payments, the amount, even the last 4 of the debit card that was used. We are 100% sure this did not happen. [Another violation for lying? Although it would be difficult to prove since it would be our word vs. theirs.]

 

The last straw - they called our receptionist looking to speak with me, repeatedly, day after day. Our main office is in another city, so I am not there and would not be able to take the call. They were also demanding to speak to my supervisor, so the receptionist asked what it was regarding. They said it was regarding a wage garnishment, so the receptionist transferred them to payroll. [This HAS to be a violation, right? I thought they could not say anything like this whatsoever]. Our payroll person said they were demanding to speak to my supervisor, that they told them they had my SSN to prove it was legit. She told them it was a personal matter and they could not discuss with her further. She called me and was a bit PO'd, understandably. I'm getting worried about my job over this.

 

So, I think I have them on multiple violations, and am considering pursuing legal action. My only concern is regarding the validation part. If it goes to court and a judge finds they DID provide adequate validation in their initial dunning letter (which I believe is highly unlikely), does that mean they could continue with the calls? Or would they have to at least send me something, stating that they already provided validation?

 

Thanks for the responses and for reading my longwinded post. I'm really freaked out about this!

 

 

 

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Multiple violations. You are correct in your thoughts. Go get an atty and collect some cash from these marigolds.

 

Thank you! I thought that was the case, but they are so persistent that I am beginning to doubt myself. In fact I received another phone call in the past few days (after I sent them a C&D letter a couple of weeks ago), saying they were moving ahead with the lawsuit. But then they asked again for a payment....I would think that if I was a collector and moving forward with a lawsuit, I would simply ask where and when they could be served. I'm wondering if this is yet another violation (making threats without the intent of following up).

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Multiple violations. You are correct in your thoughts. Go get an atty and collect some cash from these marigolds.

 

Thank you! I thought that was the case, but they are so persistent that I am beginning to doubt myself. In fact I received another phone call in the past few days (after I sent them a C&D letter a couple of weeks ago), saying they were moving ahead with the lawsuit. But then they asked again for a payment....I would think that if I was a collector and moving forward with a lawsuit, I would simply ask where and when they could be served. I'm wondering if this is yet another violation (making threats without the intent of following up).

 

I believe that it is.

 

Document everything, keep track, run it past an attorney with your understanding of the FCRA and FDCPA, and I wouldn't communicate with them on the phone.

 

Maybe try a FOAD and ITS (Eff Off And Die, and Intent To Sue) letter.. if you can't retain an attorney for some reason?

 

I can understand that you don't want to provide specifics.

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I believe that it is.

 

Document everything, keep track, run it past an attorney with your understanding of the FCRA and FDCPA, and I wouldn't communicate with them on the phone.

 

Maybe try a FOAD and ITS (Eff Off And Die, and Intent To Sue) letter.. if you can't retain an attorney for some reason?

 

I can understand that you don't want to provide specifics.

 

Indeed, I'm assuming not everyone on this board is our friend...but I've already talked to an attorney and forwarded all documentation. They jumped on it, so I am feeling better about it. We are well past the FOAD point, since it is obvious they are not playing by the rules.

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  • 3 weeks later...

I need some advice. received dunning letter from ca that is not yet reporting to cra. sent ca dv letter with in dunning period. ca sent me last three cc statements as validation.

what is my next cores of action. the debt is $350.00 i do owe this debt but need some time to settle should i send 2nd dv or ptd asking for 50% off. how much time do i have before they can start reporting to cra?

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