CA Response - oh, this is a new one on me...

[LadyRelm2]

For the past 6 months, I have been disputing a bill with Allstate. Last month, they sent my account to collection agency (they cancelled me last October in the middle of our billing dispute). I sent off the standard DV within the 30 day window.

 

My letter:

 

Greetings:

 

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.

 

This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

 

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. Furthermore, I hereby request that all communication be provided in writing only. Due to the nature of my job, I will not answer phone calls about this matter.

 

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

 

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

 

Best regards,

 

I also included the "Creditor Disclosure Statement" which is included in one of the form letters from this board. Well, ironically yesterday I received TWO letters from the CA. One was a "Settlement Opportunity" if I called some number given. The second one said:

 

This office is in receipt of a written dispute without applicable documentation.

 

You are urged to contact a CCS service representative directly, on the toll free number provided, to assist you in removing your account from a deliquent credit status.

 

This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication was sent from a debt collector.

 

Your prompt attention is required.

 

 

dispute "without applicable documentation"???? That's a new one on me. Can they really be so dumb? Or rather, maybe this is simply a stall tactic til they manage to get something from Allstate???

[LiftnW8z]

Sounds like they're running a stall tactic on you - did they ask for additional information like a driver's license, social security number, etc., etc., or was that the extent of the letter?

 

Either way, sounds like a stall and I'd give them nothing but a 2nd letter asking for validation.

[LadyRelm2]

Sounds like they're running a stall tactic on you - did they ask for additional information like a driver's license, social security number, etc., etc., or was that the extent of the letter?

 

Either way, sounds like a stall and I'd give them nothing but a 2nd letter asking for validation.

 

 

Nope, that was the extent of the letter. Didn't ask for anything other than for me to call the number provided. What I don't understand is what would be their reason for stalling?

[pryan67]

I would reply to them and state something like:

 

"Thank you for your recent communication. As you are no doubt aware, you have failed to provide me with the requested documentation. As such, I will assume that your claims are invalid, and that you will be removing this item from my credit reports, as well as closing it in your office, since it's blatantly obvious to even the most casual observer that you have no valid account of mine. If, indeed, you DID have a valid account of mine, I'm certain that you would have abided by the laws which govern your industry and provided me with the requested information. Please respond in writing, on point, and specifically that you will be abiding by the terms of this letter within 15 days.

 

As you are further aware, the "Settlement opportunity" you have sent me under seperate cover is a direct violation of the Fair Debt Collection Practices Act, since you are barred from attempting to collect on an alleged debt that is disputed by the consumer in a timely manner, unless and until you provide the consumer with full validation.

 

Please note that it is still inconvenient for me to receive phone calls regarding this matter.

[LadyRelm2]

I would reply to them and state something like:

 

"Thank you for your recent communication. As you are no doubt aware, you have failed to provide me with the requested documentation. As such, I will assume that your claims are invalid, and that you will be removing this item from my credit reports, as well as closing it in your office, since it's blatantly obvious to even the most casual observer that you have no valid account of mine. If, indeed, you DID have a valid account of mine, I'm certain that you would have abided by the laws which govern your industry and provided me with the requested information. Please respond in writing, on point, and specifically that you will be abiding by the terms of this letter within 15 days.

 

As you are further aware, the "Settlement opportunity" you have sent me under seperate cover is a direct violation of the Fair Debt Collection Practices Act, since you are barred from attempting to collect on an alleged debt that is disputed by the consumer in a timely manner, unless and until you provide the consumer with full validation.

 

Please note that it is still inconvenient for me to receive phone calls regarding this matter.

 

 

pryan,

 

As usual....providing pointedly BRILLIANT advice!

[LadyRelm2]

Ironically, I was just looking over the two letters to see if there was a name on either of them from an employee with this company (there's not) when I noticed that the "Settlement Opportunity" is dated 6 days after the letter where they acknowledge receipt of my dispute. Tack that up as Violation #1! Or, maybe them tossing out my dispute because I didn't provide them with "applicable documentation" as Violation 1?? lol...