Help me count the FDCPA violations

[SRQ]

Oh Joy! DH received letter from Revenue Recovery Service that they have purchased a debt (1 full year beyond SOL) and he has 10 days to remit payment - or "we will have no alternative but to commence legal action against you."

 

Rubs hands together - I am having fun counting the VIOLATIONS against this scumbag JDB.

 

Here's my list so far:

 

1) Threatening legal action when a). the debt is beyond SOL, . Scumbag is not licensed within the State of Florida (where we live).

 

So this is a violation of FDCPA and a violation of FCCPA - which would be $1k for each contact or call. (right now the tally is $2k).

 

2) Threatening to increase charges - "If we do not receive said payment, we will have not alternative but to commence legal action against you which will result in additional costs and expense to you. The legal remedies call for treble damages of your outstanding debt plus attorney fees and court costs. If you wish to discus an alternative payment proposal you may contact our office."

 

Does this constitute an additional violation?

 

This is the initial communication - that they have acquired the debt and the letter demands money within 10 calendar days or the legal action. Isn't that a violation right there? They do provide the verification notice but it is in smaller font and seems to be contradicted by the 10 calendar days demand for payment.

 

I plan to send a letter of dispute. Is there any other obligation on my part? When can I "commence" legal action? If they don't respond?

 

 

[Sandscrit]

Oh Joy! DH received letter from Revenue Recovery Service that they have purchased a debt (1 full year beyond SOL) and he has 10 days to remit payment - or "we will have no alternative but to commence legal action against you."

 

Rubs hands together - I am having fun counting the VIOLATIONS against this scumbag JDB.

 

Here's my list so far:

 

1) Threatening legal action when a). the debt is beyond SOL, . Scumbag is not licensed within the State of Florida (where we live).

 

So this is a violation of FDCPA and a violation of FCCPA - which would be $1k for each contact or call. (right now the tally is $2k).

 

2) Threatening to increase charges - "If we do not receive said payment, we will have not alternative but to commence legal action against you which will result in additional costs and expense to you. The legal remedies call for treble damages of your outstanding debt plus attorney fees and court costs. If you wish to discus an alternative payment proposal you may contact our office."

 

Does this constitute an additional violation?

 

This is the initial communication - that they have acquired the debt and the letter demands money within 10 calendar days or the legal action. Isn't that a violation right there? They do provide the verification notice but it is in smaller font and seems to be contradicted by the 10 calendar days demand for payment.

 

I plan to send a letter of dispute. Is there any other obligation on my part? When can I "commence" legal action? If they don't respond?

 

 

Using the least sophisticated consumer standard, legal action implies a filing lawsuit on a time barred debt. Threatening action that can not or will not be taken. It doesn't matter how many violations a CA has because the consumer only gets paid the same for all violations. Run this letter by a FDCPA attorney for a free on line case evaluation. If you want to wipe the smile off a CA's face hit them in the pocket for thousands in legal fees.

[SRQ]

Can I sue without demanding validation?

 

http://www.dailyreportingsuite.com/banking-finance/news/consumers_can_sue_debt_collectors_for_misrepresentations_without_demanding_validation

[graymidday]

I think you can only get a thousand dollars. I have an atty working on a fdcpa case for me after receiving 2 letters and 26 phone calls after the JDB signed CMRR for a cease and desist I sent. However, I know the atty will be racking up his fees way above the grand for the violation. Was told it was only one violation though and a grand for me. Good luck!!!

[SRQ]

It's rigged I tell you. $1k is hardly worth the effort.

[graymidday]

No, a grand is a lot of money, at least to me. And, is worth it. Just hand it to an attorney, they charge their fees to the plaintiff in the lawsuit. It should be no out of pocket for you.

[goturtlego]

Totally worth it! These aholes shouldn't be allowed to get away with this. Sure they'll keep trying with the next and then the next but kick it where it hurts!

[VodooChild]

you mean to the defendant, because if you sue you are the plaintiff.

[Redfoot]

I think you can only get a thousand dollars. I have an atty working on a fdcpa case for me after receiving 2 letters and 26 phone calls after the JDB signed CMRR for a cease and desist I sent. However, I know the atty will be racking up his fees way above the grand for the violation. Was told it was only one violation though and a grand for me. Good luck!!!

State violations can be additional and for higher amounts. The attorney I'm working with is pursuing $5k per on those in addition to the FDCPA ones.

 

In all reality I'll be happy with any recovery and it's about proving a point, not the money, for me.

[SRQ]

@12lbrooster - how much time have you invested into the legal matter approximately? Will it go to trial you think?

[Redfoot]

@12lbrooster - how much time have you invested into the legal matter approximately? Will it go to trial you think?

The law office has much more time involved in the process than I. All I had to do was answer their questions and provide supporting documentation.

 

As for trial? I have no idea, that's really dependent on them and what kind of resolution they can work out with my attorney.

[Sandscrit]

@12lbrooster - how much time have you invested into the legal matter approximately? Will it go to trial you think?

Probably not as most CA's and JDB's settle. The good news is you get to take a big bite out of their behind with thousands in attorneys fees and court costs plus a check for you too. Moreover, you will be on the computer list of consumers to avoid which is a bonus. It won't cost a dime of the OP's money.

[JunkBuyersWorstNightmare]

 

@12lbrooster - how much time have you invested into the legal matter approximately? Will it go to trial you think?

Probably not as most CA's and JDB's settle. The good news is you get to take a big bite out of their behind with thousands in attorneys fees and court costs plus a check for you too. Moreover, you will be on the computer list of consumers to avoid which is a bonus. It won't cost a dime of the OP's money.

 

 

+100.

[funkiehouse]

Get that money!!

[SRQ]

I will try to convince DH. If I got a letter like that - no question I would be running to the atty.

 

I'd like to see a change where the violation would not be capped out at $1k. What a joke. JDBs ruin lives, ruin credit, and prey on the uninformed.

[JunkBuyersWorstNightmare]

 

@12lbrooster - how much time have you invested into the legal matter approximately? Will it go to trial you think?

Probably not as most CA's and JDB's settle. The good news is you get to take a big bite out of their behind with thousands in attorneys fees and court costs plus a check for you too. Moreover, you will be on the computer list of consumers to avoid which is a bonus. It won't cost a dime of the OP's money.

 

 

 

I'm apparently on that list since I successfully sued a major JDB. Believe me, it's nice.

[BlackKnight1983]

One violation ha ha ha! Two violations ha ha ha! Three! Three Violations ha ha ha!

Edited November 6, 2014 by BlackKnight1983

[BlackKnight1983]

One violation ha ha ha! Two violations ha ha ha! Three! Three Violations ha ha ha!

 

Sorry about that, was trying to be funny, but I guess I need to learn how to properly add images around here.

[SRQ]

It worked! hahahaha.

[SRQ]

 

 

@12lbrooster - how much time have you invested into the legal matter approximately? Will it go to trial you think?

Probably not as most CA's and JDB's settle. The good news is you get to take a big bite out of their behind with thousands in attorneys fees and court costs plus a check for you too. Moreover, you will be on the computer list of consumers to avoid which is a bonus. It won't cost a dime of the OP's money.

 

 

 

I'm apparently on that list since I successfully sued a major JDB. Believe me, it's nice.

 

JunkBuyersWorstNightmare

 

How much did you win? How long did it take? My DH is worried about the time off work - he's a workaholic. Did it require a lot of time off work?

[Sandscrit]

I will try to convince DH. If I got a letter like that - no question I would be running to the atty.

 

I'd like to see a change where the violation would not be capped out at $1k. What a joke. JDBs ruin lives, ruin credit, and prey on the uninformed.

We all would like to see the damages increase

[graymidday]

you mean to the defendant, because if you sue you are the plaintiff.

yes meant defendant! To the OP, please follow thru with this, probably no time off work if they settle and a grand is worth it

[ICANHASMUNY?]

Oh Joy! DH received letter from Revenue Recovery Service that they have purchased a debt (1 full year beyond SOL) and he has 10 days to remit payment - or "we will have no alternative but to commence legal action against you."

 

Rubs hands together - I am having fun counting the VIOLATIONS against this scumbag JDB.

 

Here's my list so far:

 

1) Threatening legal action when a). the debt is beyond SOL, . Scumbag is not licensed within the State of Florida (where we live).

 

So this is a violation of FDCPA and a violation of FCCPA - which would be $1k for each contact or call. (right now the tally is $2k).

 

2) Threatening to increase charges - "If we do not receive said payment, we will have not alternative but to commence legal action against you which will result in additional costs and expense to you. The legal remedies call for treble damages of your outstanding debt plus attorney fees and court costs. If you wish to discus an alternative payment proposal you may contact our office."

 

Does this constitute an additional violation?

 

This is the initial communication - that they have acquired the debt and the letter demands money within 10 calendar days or the legal action. Isn't that a violation right there? They do provide the verification notice but it is in smaller font and seems to be contradicted by the 10 calendar days demand for payment.

 

I plan to send a letter of dispute. Is there any other obligation on my part? When can I "commence" legal action? If they don't respond?

 

 

 

You sure about the SOL?

 

What state are you in , and how did you determine it's beyond the SOL?

 

are you in the same state as you were when the debt defaulted, ?

 

and what state is the OC in ?

 

if you're using borrowing statutes or choice of law rules - it's really tricky, and dependent on court rulings

 

if you're going to send an ITS letter instead of a DV, you should always quote the Statute and case law on the issue .

[SRQ]

I'm pretty sure about the SOL. I live in FL. The date of last payment was 8/2009 - Credit Card. This is when the bottom of the economy hit...

 

We have lived here since 2001 - the OC is Chase but the dumbass JDB has it as a different bank. Also, the balance has interest charges which have accrued since charge off. I think that's illegal too. I believe the terms are 2% but I don't know much about charging interest legalities. (yet).

[JuJuNola]

I'll chime in and say, that yes, while the FDCPA only allows $1k max, that doesn't mean the CA won't/can't offer to pay more in a settlement just to make it go away.