05-14-2013 08:55 AM
Because FDCPA 809 says they don't.
a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) 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 the OC says you owe the debt that is verification. It would be up to you to prove otherwise, such as fraud or identity theft. As much as I like the FDCPA for some areas, this is one that actually benefits the CA.
If they are saying they will take legal action that is a threat to sue.
05-14-2013 09:31 AM
I offered them a settlement and they accepted. I wanted to keep it below the $600 threshold. I made the 'arrangement'. Three days before the ach, I called them, got transferred to a different dept. where they broke the original settlement into 3 payments (3 months). I found them very willing to work with ME. They say they want immediate payment with settlement, then will work with u when you cannot pay in full.
If you know the debt if yours, I'd just pay up and make it go away. Make sure they agree not to report to CRA's. If you have the $$$, it just wasn't worth the headache.
I owed $1500'ish and settled for 1000. Hope this helps.
05-14-2013 09:32 AM
Okay, I can do a PFD/PIF in August, just not now..should I send a letter asking for a payment plan then offer a PFD or just PIF at that time? I don't think I can buy enough time to at least make payments until that time.
05-14-2013 05:00 PM
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