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Regular Contributor
Istherehope
Posts: 113
Registered: ‎05-26-2009
0

PFD Responses that ARE NOT responses

Hi all,

So I FINALLY recieved a PFD response. Except it wasn't-it was just another collection notice. Plus, I don't even think it was from the collection agency I originally recieved a notice from. They must have sold the account. So my question is-do I send a PFD response to this agency? Or should I DV them? The debt is mine so I definetely just want to get it paid and deleted.

 

Also this notice actually had a website. warningnotice.com

It seems to be a site that you can just pay on. I am not going to do that because I would still like to PFD. This is for a Comcast collection. The agency is Credit Collection Services. Has anyone had any luck with PFD's with this company?

Thanks 

Regular Contributor
Istherehope
Posts: 113
Registered: ‎05-26-2009
0

Re: PFD Responses that ARE NOT responses

bump=anything??
Mega Contributor
RobertEG
Posts: 18,434
Registered: ‎03-19-2007
0

Re: PFD Responses that ARE NOT responses

Dont PFD a CA that you are not even sure is authorized to collect.

I would DV the CA who responded to you, apparetly without providing you dunning notice.

Mega Contributor
RobertEG
Posts: 18,434
Registered: ‎03-19-2007
0

Re: PFD Responses that ARE NOT responses

If a "new" collection agency communicates with you regarding the collection of a debt, which they have done, they are required under FDCPA 809(a) to provide you wth their own "dunning notice" within 5 days of their initiial communication with you.  That includes attorneys, under a decison by the Supreme Court.  So they are most likely in violation of the FDCPA.

I would DV them immediately, regardless of whether they have dunned you, thus shutting down any further collection activity on their part until they provide validation.

Make them tell you what is going on.

 

Regular Contributor
Istherehope
Posts: 113
Registered: ‎05-26-2009
0

Re: PFD Responses that ARE NOT responses

What is a dunning notice?
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: PFD Responses that ARE NOT responses

A dunning notice is a letter sent to notify you that they are collecting a debt.

 

When you receive one or there is a CA reporting you should always mail a DV  CMRRR.  Besure to know the DOFD and SOL befor doing so.

 

A DV should always be sent before a PFD!

 

 

Valued Member
bbrown152
Posts: 32
Registered: ‎07-04-2009
0

Re: PFD Responses that ARE NOT responses

Shoud you still DV even if it is outside the 30 day timeframe?
Mega Contributor
RobertEG
Posts: 18,434
Registered: ‎03-19-2007
0

Re: PFD Responses that ARE NOT responses

[ Edited ]

If they did not provide you dunning notice (FDCPA 809(a)) within 5 days of any initial commication wiith you, they have no right to assert any right under the FDCPA not to validate.

They have set no 30-day period for you to request vallidation.

DV them.

Message Edited by RobertEG on 08-09-2009 03:14 AM
Regular Contributor
howhow16
Posts: 126
Registered: ‎01-31-2010
0

Re: PFD Responses that ARE NOT responses


HappyDays wrote:

A dunning notice is a letter sent to notify you that they are collecting a debt.

 

When you receive one or there is a CA reporting you should always mail a DV  CMRRR.  Besure to know the DOFD and SOL befor doing so.

 

A DV should always be sent before a PFD!

 

 


Question: what's the point of knowing the DOFD and SOL b4 sending DV? 
Community Leader
Senior Contributor
laz98
Posts: 4,336
Registered: ‎09-06-2008
0

Re: PFD Responses that ARE NOT responses


howhow16 wrote:

HappyDays wrote:

A dunning notice is a letter sent to notify you that they are collecting a debt.

 

When you receive one or there is a CA reporting you should always mail a DV  CMRRR.  Besure to know the DOFD and SOL befor doing so.

 

A DV should always be sent before a PFD!

 

 


Question: what's the point of knowing the DOFD and SOL b4 sending DV? 

if you are still within SOL, you can be sued.

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