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anyone go to CA in person?

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Cranski
Valued Member

anyone go to CA in person?

Well I was in a semi rollover on 7/21/2011. Suffered a fractured skull and massive road rash with glass and other injuries. A week later my son was born on 8/01. So In that week my family moved to my birth families home for my recover and to help with child care. Needless to say the Utility was closed and thought that the deposit would cover any balance. It was forgotten since nothing was ever heard from them. Forwarding address was set up with the company like all other companies were, they verified that. We never received a bill. I only found out in March 2012 when the CA started calling around the clock. Finally answering the guy went nuts when I said I wasn't sent a bill for any debts, where is it from and can you send me validation of the original debt. Needless to say the recording started there "Listen you little ****, cease and desist all contact via any form of communication other than the USPS service, and if you threaten me one more time I'll be at your office in 30 minutes or less and we can discuss your major malfunction, this has been recorded, you have been notified, good day," click. Yeah it wasn't graceful, I was in no mood. It served it purpose, NC is a one party regulated notice of recording state.

 

So I got a letter from the CA, wasn't debt validation, only pay or you will be reported. Wrote back for request for validation, never received a response."  I didn't follow thur enough. So again I contacted them myself, on the phone "we can't do pfd, but we will paid in full," we sent validation of debt, no I didn't receive it, well it was marked as sent we can't send it again, was careful and used hypothetical stipulation. So i could go a round again with PFD, or try the original Utility (there notoriously awful) or I could just go down to the CA office myself, since it is down the road. Look to speak with a manager directly with a money order in hand. Would it be a waste of time?

 

Sorry for long post.

CS 701, CK 682, Credit.com 719/ TU FICO 666 (DIS 8/12) EU FICO 658 (8/12)
After spree CS 738, CK 684, TU FICO 666 (Dis 8/5)

WF Secured 600Cl (7/11), Discover More 1.5k (8/12), Walmart 150CL(8/12), Cap1 Platinum w/Credit steps($300) (8/12)
Message 1 of 4
3 REPLIES 3
Cranski
Valued Member

Re: anyone go to CA in person?

I'll also mention it's $71.00. I know I could pay it, but it the principal of the matter. After me paying you over 8 years on time its good business.

 

CS 701, CK 682, Credit.com 719/ TU FICO 666 (DIS 8/12) EU FICO 658 (8/12)
After spree CS 738, CK 684, TU FICO 666 (Dis 8/5)

WF Secured 600Cl (7/11), Discover More 1.5k (8/12), Walmart 150CL(8/12), Cap1 Platinum w/Credit steps($300) (8/12)
Message 2 of 4
drkaje
Senior Contributor

Re: anyone go to CA in person?

If it wasn't actually sold, perhaps paying the OC would get it deleted.


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Message 3 of 4
RobertEG
Legendary Contributor

Re: anyone go to CA in person?

Did the debt collector ever send you dunning notice, as required under FDCPA 809(a), within 5 days of their initial communication with you?

That is important, as it sets a 30-day period in which to send a timely DV that imposes an automatic cease collection bar.

Your oral request for verification was insufficient, as FDCPA 809(b) requires that a DV be in writing.  Was your DV timely?

 

If they had either not sent dunning notice prior to your written DV request or you sent your DV within the 30 day window, they would then be under a total cease collection bar, which includes any calls to you or reporting to a CRA, until such time as adequate verification is provided.  No need to make a separate request that they not call, as your timely DV takes care of that until such time as verification is provided.

 

If you did send a timely DV request, their cease collection bar precludes any negotiations with you on a PFD until such time as they have chosen to send verification, as that is a collection activity.  So you might be imposing a cease collection bar on them, while also asking them to conduct collection activities by way of negotiations.

 

So, my question is, what is the current status of any cease collection bar on their part?

You may be in limbo.......

 

Message 4 of 4
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