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CA Calling

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RobertEG
Legendary Contributor

Re: CA Calling

Looks like its time to call his bluff.

 

He asserts that they sent prior dunning notice.  You asert no such notice was received.

Since you assert non-receipt of dunning notice, then any DV you send will, in your opinion, be timely, and thus invoke a cease collection bar.

Thus, I would send a DV request.

 

If the debt collector then calls or writes without first providing validation, you can assert a violation of their cease collection bar under FDCPA 809(b).

You could either then file a formal complaint with the CFPB or initiate civil action for their violation of section 609(b).

Then would then be forced to assert that your DV was not timely by showing sending of a dunning notice more than 30 days prior to your DV request.

Message 11 of 12
Anonymous
Not applicable

Re: CA Calling

I did get to call the number he gave. The lady I spoke to didn't ask me any information other than who was calling me. I told her and she said they shouldn't be telling me to call her office because they wouldn't have my info anymore. Told me to call them back and speak to a supervisor.

I will look up the info of the place and send a DV tomorrow.
Message 12 of 12
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