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Should I email them back? OC asking for payment.

Senior Contributor

Re: MORE NEWS

 


IOBA wrote:

I think, but am not sure, that they can.

 

You DV'd them and they stopped all collection efforts.  They returned the collection back to the OC.

 

The OC tried to collect from you without success.   The OC has now turned it over to the CA.


Hi IOBA!  So, the OC can send it back to the SAME collection agency as before, even if they never complied with my DV?  Isn't that considered continued collection activity?

 

 

If anyone else has some advice, I'd love to hear it.  I'd really like to send them a letter today, since I already have to go to the post office Smiley Tongue

Latest scores: Walmart TU: 769. MyFICO TU: 769. DCU EQ: 755. MyFICO EQ: 780. PSECU EX: 756. MyFICO EX: 780.
Message 21 of 29
Senior Contributor

Re: MORE NEWS

no comments?  Smiley Sad

 

well, maybe someone can at least comment on my letter.

 

A debt validation letter per FDCPA 809 was mailed to your offices via certified mail on September 3, 2008.  You received it on September 6, 2008 according to the return receipt I received on September 11, 2008.


I had not received any further communications from your offices until November 15, 2010, when I received a new debt collection notice.


Your offices never responded to my validation request and are now continuing collection efforts in clear violation of the FDCPA by sending me a new collection notice for this alleged debt. 


As of today you are in willful violation of the FDCPA for continuing collection activity without providing any validation of this alleged debt.  Any postings of this unverified information to my credit reports will be considered a violation of the FCRA.

 

thanks for any help.

Latest scores: Walmart TU: 769. MyFICO TU: 769. DCU EQ: 755. MyFICO EQ: 780. PSECU EX: 756. MyFICO EX: 780.
Message 22 of 29
Moderator Emeritus

Re: MORE NEWS

I'm no expert on writing letters because fortunately I haven't had to write very many but it sounds pretty good to me.

 

Haven't you said before you live in Texas? Maybe not. But if you do live in Texas the CA is also in violation of Texas law because they did not answer your DV within 30 days as required.

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Message 23 of 29
Senior Contributor

Re: MORE NEWS


laz98 wrote:

 


IOBA wrote:

I think, but am not sure, that they can.

 

You DV'd them and they stopped all collection efforts.  They returned the collection back to the OC.

 

The OC tried to collect from you without success.   The OC has now turned it over to the CA.


Hi IOBA!  So, the OC can send it back to the SAME collection agency as before, even if they never complied with my DV?  Isn't that considered continued collection activity?

 

 

If anyone else has some advice, I'd love to hear it.  I'd really like to send them a letter today, since I already have to go to the post office Smiley Tongue


Interesting situation.

 

I would think that technically IOBA is correct, though I may very well be wrong.  I would seem to comply with the letter, but not the spirit, of the law. 

 

Still, I'd send them the letter you wrote and DV them again.

IAALBNYL
Message 24 of 29
Senior Contributor

Re: MORE NEWS

@MVV:  Yep, I live in Texas.  I didn't think about that violation when I wrote the letter.  But that's good ammo for later!  Smiley Very Happy

 

@O6:  Well, I hope someone can clear it up for us.  I don't know who our resident legal gurus are, but it's sure not me!  I sent the letter out today CMRRR.  We'll just have to wait & see what happens now Smiley Surprised

Latest scores: Walmart TU: 769. MyFICO TU: 769. DCU EQ: 755. MyFICO EQ: 780. PSECU EX: 756. MyFICO EX: 780.
Message 25 of 29
Senior Contributor

Re: MORE NEWS


laz98 wrote:

@MVV:  Yep, I live in Texas.  I didn't think about that violation when I wrote the letter.  But that's good ammo for later!  Smiley Very Happy

 

@O6:  Well, I hope someone can clear it up for us.  I don't know who our resident legal gurus are, but it's sure not me!  I sent the letter out today CMRRR.  We'll just have to wait & see what happens now Smiley Surprised


I'd look up the Texas statute and, if you are still within the SOL for suing them, you might be able to file against them in small claims court. 

 

That might soften them up a bit for a favorable settlement.

IAALBNYL
Message 26 of 29
Senior Contributor

Re: MORE NEWS

O6:  I know this sounds stupid, but there's an SOL for how long I have to sue THEM???

Latest scores: Walmart TU: 769. MyFICO TU: 769. DCU EQ: 755. MyFICO EQ: 780. PSECU EX: 756. MyFICO EX: 780.
Message 27 of 29
Senior Contributor

Re: MORE NEWS


laz98 wrote:

O6:  I know this sounds stupid, but there's an SOL for how long I have to sue THEM???


Yes, unfortunately there is.  Smiley Sad

 

It should be specified in the Texas statute that deals with DVs.

IAALBNYL
Message 28 of 29
Highlighted
Moderator Emeritus

Re: MORE NEWS

If you ever want to do some light reading.

 

Texas Finance Code

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Message 29 of 29