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Looking for input on a letter to a CA

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llecs
Moderator Emeritus

Looking for input on a letter to a CA

I'm sending out a follow-up to a DV letter to a CA. They are not reporting, but the CA continued collection activities (with a letter denying the DV request due to a lack of "applicable documentation" ) after the DV was received and it is still within 30 days of their dunning letter. Parts are edited.
 
NOTE: This is a letter going to a MA CA. It probably wouldn't apply to anywhere else, unless you live in CA or go after a MA CA.
 

Dear Sir or Madam:

I am writing in response to your letter dated June 25, 2008 and received into my office on June 30. Your letter starts with, “This office is in receipt of a written dispute without applicable documentation.” And continues, “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.” With your actions and disregard to the Fair Debt Collections Practices Act, I am writing to point out a few violations.

On June 11, 2008, I had received a dunning letter from you for a claim of a small debt owed to Mr. OC. I promptly mailed out a debt verification request via Certified Mail in response to your letter. My request was signed for and received by your office on June 23, 2008 at 8:50AM.

Per the FDCPA, Section 809(b), you have the obligation upon receipt of the debt verification request to conduct a thorough investigation, during which, you must cease ALL collection activities as to comply with Sect. 809(b). To date, you have not. Moreover, you continued to engage in collection activities thereby violating this Sect. 809(b). On June 27, 2008, I received from your office the letter referenced in the first paragraph above. You include in your letter, sent after receipt of my debt verification request, that you are “attempt[ing] to collect a debt…” and acknowledging the debt verification request in the statement, “This office is in receipt of a written dispute without applicable documentation.” Per Section 813 of the FDCPA, there are penalties involving doing what you already did. Sect. 813 allows for damages to $1000, court costs & attorney fees. Mr. CA's intent was to engage in collection activities during the debt validation process.

In reviewing your actions, you also violated Section 807(10) by using false representation by seemingly avoiding debt validation through pointing out that there is a lack of “applicable documentation” in my first request received by you on June 23. “Applicable documentation” is not a burden carried by a consumer but rather a requirement of Mr. CA to verify the debt. Requesting this information continues to violate the FDCPA because “Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute…..” (FDCPA 809(b)). Of course there are penalties involved as outlined in the previous paragraph.

Mr. CA also violated the laws of the Commonwealth of Massachusetts. As a licensee through the Division of Banks you should have known better. 209 CMR 18.18(2) parallels the validation process as set by the FDCPA. Mr. CA also places their registration renewal in jeopardy which is due by October.

As mentioned, on June 23, you received my request for debt validation. In part it read, “Please provide me with the following…..a detailed accounting of the debt.” Per 209 CMR 18.18(3)(a), you are required to provide me “within 5 business days…a) all papers or copies of papers, in the possession of the debt collector which bear the signature of [me]…” and “…b) a ledger, account card, or similar record in the possession of [you], which reflects the date and the amount of payments, credit and charges concerning the debt.” Five business days expired last Friday.

Your intent was clear. At this point I am asking you to cease all collection activities immediately. I am also considering filing complaints with the Federal Trade Commission, MA Division of Banks, and AG xxxxxxx.

Sincerely, llecs



Message Edited by llecs on 07-02-2008 05:34 PM
Message 1 of 9
8 REPLIES 8
ralbusta
Frequent Contributor

Re: Looking for input on a letter to a CA

You'd have me scared if I was getting that letter! It sounds good to me. It let's the CA know that you mean business and that you are very aware of your legal rights. Unless they are morons (like most CA's!) this should get things moving in your favor.
Message 2 of 9
wahmom
Frequent Contributor

Re: Looking for input on a letter to a CA

I wouldn't ever contact you again. That letter may make them think that they have contacted an attorney by mistake. I don't think you'll have any more problems. Sound really good to me. I wish I had that kind of creative writing abilities.

Message Edited by wahmom on 07-02-2008 02:42 PM
Message 3 of 9
llecs
Moderator Emeritus

Re: Looking for input on a letter to a CA



ralbusta wrote:
Unless they are morons (like most CA's!) ......

That's what I'm afraid of!
Message 4 of 9
Anonymous
Not applicable

Re: Looking for input on a letter to a CA

Nice!

Let us know how it turns out for you!

Where did you get the laws to quote and how long did it take you to find them?
Message 5 of 9
Anonymous
Not applicable

Re: Looking for input on a letter to a CA

Okay, first off, I don't EVER want to get you mad at me. EVER,

Second of all, that's probably (definitely) the best written arse-whupping I've EVER read. I hope they don't plan on sitting down for at least a week after getting that!!

You do sound very lawyerly ... and if they have an ounce of brains (rhetorical) or a halfway decent survival instinct, that will be your last contact with them EVER.

Great on YOU!! Yay!!
Message 6 of 9
llecs
Moderator Emeritus

Re: Looking for input on a letter to a CA

Well, I drove the short distance to our nearby USPS hub and mailed out CMRRR this letter. Looks like they will get it on Monday. We'll see.
 


pdsnickles wrote:

Where did you get the laws to quote and how long did it take you to find them?

The FDCPA is easy. I always keep a handy copy and cite it here often. Probably took 15 minutes to reread it looking for other violations.
 
Mass. law was harder. Their website makes it difficult to navigate and there's no handy link. I did find their laws via google but it was in sections and that too was a challenge. So, I mentally acted like the CA and looked into starting a CA biz in Mass. Found links fairly easily and included in their application and licensing section a copy of all the statutes that apply to CAs. Read through that and it was easy from that point on. Most state's statutes mirror the FDCPA, almost word for word. However, many, including Mass, include other info which I lifted and applied in the letter. I hope it pertains to someone not living in Mass though. The CA is there.
Message 7 of 9
llecs
Moderator Emeritus

Re: Looking for input on a letter to a CA



Wonderin wrote:
Okay, first off, I don't EVER want to get you mad at me. EVER,

Are you SHOUTING at me! I'm gonna sue....
 
No, I'm not the suing type. I just hope the CA doesn't figure that out.
Message 8 of 9
Anonymous
Not applicable

Re: Looking for input on a letter to a CA



@llecs wrote:


@Anonymous wrote:
Okay, first off, I don't EVER want to get you mad at me. EVER,

Are you SHOUTING at me! I'm gonna sue....
 
No, I'm not the suing type. I just hope the CA doesn't figure that out.





*whispers timidly*
noooooo ... noooo, sir ... i would never yell at you

Seriously ... awesome letter. Frankly, I'd think, from reading it, that you either were a lawyer or had at the very least, already retained one!!

If you don't get full satisfaction out of that bad-boy, then I'm pretty **bleep** confident that the CA is so stupid that I predict they'll be getting a Darwin Award later this year!!
Message 9 of 9
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