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Is this letter in violation of the FDCPA??


The last post in this topic was posted 2562 days ago. 

 

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I take the suspension of driving as a thin veiled threat?

 

It could never come true since this is a corporate matter that they are trying to involve me in personally.

 

But in my response letter I want to make it very FOAD'y

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No. It's not a violation of the FDCPA. It doesn't apply to biz.

 

 

He's not threatening my company, he's threatening me personally with suspension

 

 

That doesn't make it fall under the FDCPA. The debt has to originate from consumer activity, not commercial activity.

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No. It's not a violation of the FDCPA. It doesn't apply to biz.

 

 

He's not threatening my company, he's threatening me personally with suspension

 

 

That doesn't make it fall under the FDCPA. The debt has to originate from consumer activity, not commercial activity.

 

 

 

Thank you, then I will word my letter a bit differently.

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Well, Hartford could rat you out to the state DMV.

 

 

Rat me out for what? Wasnt me driving, and it wasnt my car.

 

It was an employee and customers car.

 

My GL covered it, but now they are claiming extra damages. My insurance Co. said Get trucked to them.

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could still be a violation of common laws or state statutes; would be state court not federal

 

please repost a Redacted copy of the letter and I'll give you my 2 cents on it. .

 

sound's like you should pass this on to your Insurance Co lawyers.

 

list of common law causes of action

 

http://www.aoblaw.com/PDFs/Consumer%20Fraud%20CLE.pdf

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If you all ever run into this situation again please let us know by using the report feature on every post. It notifies us through several means.

 

 

 

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If you all ever run into this situation again please let us know by using the report feature on every post. It notifies us through several means.

 

 

 

We can temporarily remove the content and even re-insert in the original post after the corrections have been made.

 

 

Will do next time... I thought my first redaction was enough, but everyone was right.. I left too much info up.

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DL's are suspended in FL for failure to carry insurance according to the limits;

 

your GL covered this , not Auto insurance?

 

was this a fork truck ?

 

l

 

No, This was On My Salvage yards property, The customer parked in the loading zone at our yard, One of my employees was moving another customers car. He didnt see this car, he hit it.

 

Since it all happened on private property, there is no standard for carrying auto insurance On non-registered non-road going cars/trucks.

 

My insurance rated the claim at 1400 dollars, paid that out, The car wasn't the customers, but his mothers. She wasnt satisfied, And took it to a honda dealer, They inflated the repairs to cover her 1000 dollar deductible with hartford, had hartford pay, and now they are

 

trying to subrogate the rest. My insurance (Erie) said an independent adjuster rated the claim, and that if any additional money was needed or damage was present that the shop needed to call for supplementation (Standard in the auto repair industry), and since they didnt and they

 

just went ahead and fixed it, My insurance company said they wont pay under any circumstance.

Edited by nysbadmk8
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Yeah, but both vehicles are registered and insured, neither of them to you.

 

Then they just sent you a std form letter; best to be short sweet and dismissive about it.

 

RE; Claim # ___________________.

 

 

Dear Mr. Gray,

 

 

Neither of the cars involved in the accident are owned by myself or by the corporation; An employee moving one customers car hit another customers car.

 

It so happens that the subject vehicle was not the customers, but his mothers, and he had parked the vehicle in a loading zone, where it shouldn't have been left unattended; that's called "contributory negligence".

 

My insurance carrier ___________ paid the claim under General Liability as it was rated by the independent adjuster, and if any additional money was needed or damage was present then the shop needed to call for supplementation.

 

Since this additional claim was unknown and never presented to my carrier prior to the service, they refused the claim.

 

False threats of legal action, judgments and suspension of driving privileges may be actionable, resulting in a 2nd Degree Felony under Florida statute 836.05 Threats; extortion.

 

My insurance carrier is ( name, address ) and I suggest you contact them or your client for the full details surrounding this Claim prior to any action,

 

Also, stop sending standard form letters which don't apply to the situation at hand.

 

Sincerely,

 

_______________________

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If you all ever run into this situation again please let us know by using the report feature on every post. It notifies us through several means.

 

 

 

We can temporarily remove the content and even re-insert in the original post after the corrections have been made.

 

 

Will do next time... I thought my first redaction was enough, but everyone was right.. I left too much info up.

 

 

No big deal. It happens all of the time. We try to keep your information safe as well. Most of the time it happens and the OP does not even know it. So it's quicker to use the report button. We try to get that stuff down as quick as possible so it does not fall in to the wrong hands.

 

 

Glad ICAN hooked you up with that letter. You can trust ICAN 100% on giving you the info you need.

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The last post in this topic was posted 2562 days ago. 

 

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