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06-30-2007 06:36 PM
06-30-2007 06:54 PM
07-01-2007 12:10 AM - edited 07-01-2007 12:11 AM
07-01-2007 08:56 AM
I am in receipt of your letter attempting to collect this debt. The date of the letter is 04-10-07 and I am within my 30 days of contact to request further information regarding the account. Please send original creditor information and information regarding the property that was financed as I have no record of the debt. If there is no response from you within 30 days I will assume the debt is invalid and therefore no other collections should be attempted and whatever negative information that has been reported to credit reporting agencies should be removed
They didn't reply by letter with any information instead they started calling try to find my husband. They called our apartment complex office, his former employer and his current employer. I'm kicking myself because Ididn't send the letter CMRR. Can I resend the letter CMRR requesting the information again?
07-01-2007 11:19 AM
07-01-2007 02:11 PM
07-01-2007 03:02 PM
You can also get the CA's to stop calling you b y writing a letter requesting to be contacted via mnail only. This is completely legal and part of the Fair credit and reporting act. That way you will have every communication in writing.
07-01-2007 03:20 PM
07-01-2007 03:59 PM
Yes, when you timely DV, they have to either validate in writing or cease collection efforts--including calls, letters, lawsuits and CRA reporting.
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is MAILED TO THE CONSUMER by the debt collector.
If you still have the original letter the CA sent you, check §809(a) to see whether that letter complies with items (1) thru (5).
Read the Cass letter. Specifically Roman Numeral two (II).
Any communication after they received your DV letter, if it ain't validation, is a violation. I believe there is caselaw that a CA sending a letter stating, "We're still trying to validate" constitutes a §809(b) violation.
In the DV letter you're gonna send CMRRR, reference your prior DV letter and their acknowledgment over the phone they received it. If you remember who you spoke with, and the date of the call, include that information. The name is likely an alias, but that's OK. Many states require CAs to register the fictitious names used by their agents. Goes towards the preponderance of evidence on your side. You show consistency and details in your account of what transpired and when. In your DV letter specifically state this is your second letter asking for validation, and their continued collection efforts constitutes a violation under FDCPA §809(b).
The CA actually isn't required under law to send you anything within any give time frame when they receive a DV letter. However, if the DV letter is timely, and they don't cease collections, then they are in violation.
The CA is in violation now, but the larger the pile of evidence, the more it tends to amount to a preponderance of evidence.
Once you get the RRR green card, watch for any new calls or letters. If you get any calls, and you have Caller ID, take a picture of the Caller ID unit showing the phone number, date and time. In case they are spoofing their Caller ID info, call the number to ensure it's theirs. If you get any letters, those are a bit more concrete. Their letterhead and all.
At that point, time to consider contacting a good consumer lawyer who knows credit/debt/FCRA/FDCPA issues. Either naca.net or myfaircredit.com are good sources.
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