Regent - Refuses to send something in writing

[leesa88]

My parents have been getting messages at their house (where I havent lived in over 15 years) for me to call them.

So I called them back yesterday (I know.. no phone calls!) to get them to take my parents phone number off their records. The rep from Regent told me that she wants to settle the debt over the phone to avoid the debt going to litigation.

This is a debt from 2006 I believe, for 400.00.

I asked her to send me something in writing and she told me they don't do that.. that they will send me an email. I told her I would like something in writing and she again said not gonna happen.

Then she got really rude and said that she will be referring the debt for consideration of litigation..  

#1.. aren't they supposed to provide something in writing? or does email suffice now?

#2.. for $400.. do you think they would really take it to court with a debt that is over 4 years old?

Thanks for your advice... Sidenote..this debt is nowhere on any of my CR's..strange?!

[JM-AM]

Email is usually suffice nowadays.

Wouldn't be 400 any longer, would have interest and fees.

Good Luck

[Anonymous]

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@leesa88 wrote:

My parents have been getting messages at their house (where I havent lived in over 15 years) for me to call them.

So I called them back yesterday (I know.. no phone calls!) to get them to take my parents phone number off their records. The rep from Regent told me that she wants to settle the debt over the phone to avoid the debt going to litigation.

This is a debt from 2006 I believe, for 400.00.

I asked her to send me something in writing and she told me they don't do that.. that they will send me an email. I told her I would like something in writing and she again said not gonna happen.

Then she got really rude and said that she will be referring the debt for consideration of litigation..  

#1.. aren't they supposed to provide something in writing? or does email suffice now?

#2.. for $400.. do you think they would really take it to court with a debt that is over 4 years old?

Thanks for your advice... Sidenote..this debt is nowhere on any of my CR's..strange?!

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1.  No.  Not required. 

2.  It depends on many factors, but, yes, it can happen.

[RobertEG]

This appears to be a classic, and clear violation of their debt collection practices, under the FDCPA, if they are making repeated calls to others, and have not yet sent you a formal written collection/'dunning notice.

Here is what FDCPA 804 says about communications with a party other than the alleged debtor:

"FDCPA 804.  Acquistion of location information.

    Any debt collector communicating with any any person other then the consumer for the purposes of acquiring

    location information about the consumer shall

    (1) idetify himself, state that he is confirming or correcting the location information concerning the consumer, and only

           only if expressly requested, identity of his employer

    (2)  not state that such consumer owes any detb:

    (3)  not communicate with any such person more than once unless requested to do so by such person, or unless

           the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete...."

As for  your treatment of the debt, is it in your credit report?  Where, and when, were you ever provided formal, wirtten collection notice?

After any intial communication with you, then FDCPA 809(a) requries that they provide to you, in writing, a formal collection/dunnig notice within 5 days of that initial communication.  "Not required" is not what FDCPA 809(a) says.  It is a fedral requriement of law.

E-mails are not recogized "written communications."

[leesa88]

Thanks for the replies,

No I never received anything. The rep I spoke with rambled off an address I havent lived at in 3 years, and she said 'HOW  DO YOU EXPECT CREDITORS TO ADVISE YOU IF YOU DONT PROVIDE CURRENT INFO?!"

Thats when I asked her to send me something in writing regarding the debt and she refused. Said Email only. And then she asked me for a payment method to pay the debt over the phone. I told her  I would never give my payment info without something in writing and she basically told me that she is referring it to litigation and hung up!

I just pulled TU and EQ and its not on either report.... yet.

[Anonymous]

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@RobertEG wrote:

This appears to be a classic, and clear violation of their debt collection practices, under the FDCPA, if they are making repeated calls to others, and have not yet sent you a formal written collection/'dunning notice.

Here is what FDCPA 804 says about communications with a party other than the alleged debtor:

"FDCPA 804.  Acquistion of location information.

    Any debt collector communicating with any any person other then the consumer for the purposes of acquiring

    location information about the consumer shall

    (1) idetify himself, state that he is confirming or correcting the location information concerning the consumer, and only

           only if expressly requested, identity of his employer

    (2)  not state that such consumer owes any detb:

    (3)  not communicate with any such person more than once unless requested to do so by such person, or unless

           the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete...."

As for  your treatment of the debt, is it in your credit report?  Where, and when, were you ever provided formal, wirtten collection notice?

After any intial communication with you, then FDCPA 809(a) requries that they provide to you, in writing, a formal collection/dunnig notice within 5 days of that initial communication.  "Not required" is not what FDCPA 809(a) says.  It is a fedral requriement of law.

E-mails are not recogized "written communications."

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First of all, regarding communication with third parties, a creditor is within their rights to rely on information previously given by the debtor as to their current contact information.  Messages left at an address / telephone number previously given by a debtor are not communications with third parties.  In addition, creditors are allowed repeated contacts when the "debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information."     

Secondly, e-mail is a recognized form of communication.  The definition of communication as defined in § 803(2) most clearly and unquestionably includes e-mail as well as Pony Express, carrier pigeon and speaking through two tin cans connected by string.  Whether or not e-mail is considered a "written" form of communication is never addressed either in the FDCPA or by the FTC in any advisory that I have seen.  However, In fact, the FDCPA does distinguish between written communication and the use of the US Mail.  Responses to a timely made DV request must be mailed to the debtor.  No such obligation is stated for the initial dunning notice.

. 

[Anonymous]

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@leesa88 wrote:

Thanks for the replies,

No I never received anything. The rep I spoke with rambled off an address I havent lived at in 3 years, and she said 'HOW  DO YOU EXPECT CREDITORS TO ADVISE YOU IF YOU DONT PROVIDE CURRENT INFO?!"

Thats when I asked her to send me something in writing regarding the debt and she refused. Said Email only. And then she asked me for a payment method to pay the debt over the phone. I told her  I would never give my payment info without something in writing and she basically told me that she is referring it to litigation and hung up!

I just pulled TU and EQ and its not on either report.... yet.

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If you have their address, you may make a DV request that would require, should they choose to respond, a response via mail since they do not have your e-mail address.