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Valued Member
Posts: 30
Registered: ‎04-23-2008
0

what to do? MCM called my landlord asking questions

Good morning all.

 

Just rec'd a phone call from my landlord that MCC collection agency is looking for me. Needless to say, this IS  NOT my personal phone number and their number is unlisted. My landlord is livid with me for this phone call.

 

What should I do, I have rec'd a dunning letter from them for an old debt from 2004, date of last deli sept 2004, sol in CA is 4 years. What type of certified letter can I send them? I can't have these people calling my landlord. Is that even legal. I have a p.o. box, none of my mail even goes to my landlords address. I am renting a room from them.

 

Much appreciate the help.

 

Pepper-Anne

Moderator
Posts: 17,419
Registered: ‎07-14-2009
0

Re: what to do? MCM called my landlord asking questions


pepper-anne wrote:

Good morning all.

 

Just rec'd a phone call from my landlord that MCC collection agency is looking for me. Needless to say, this IS  NOT my personal phone number and their number is unlisted. My landlord is livid with me for this phone call.

 

What should I do, I have rec'd a dunning letter from them for an old debt from 2004, date of last deli sept 2004, sol in CA is 4 years. What type of certified letter can I send them? I can't have these people calling my landlord. Is that even legal. I have a p.o. box, none of my mail even goes to my landlords address. I am renting a room from them.

 

Much appreciate the help.

 

Pepper-Anne


Yes they can legally contact a third party under certain conditions.

 

FDCPA 804 states:

 

Acquisition of location information

 

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

 

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

 

(2) not state that such consumer owes any debt;

 

(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 and that such person now has correct or complete location information;

 

(4) not communicate by post card;

 

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

 

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

 

805 (c) says:

 

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—

 

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

 

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

 

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

 

You need to send them a letter CMRRR stating that any further communication with you only be done in written form. It doesn't have to be anything complicated. 

Valued Member
Posts: 30
Registered: ‎04-23-2008
0

Re: what to do? MCM called my landlord asking questions

any suggestions on what to say in the letter? keep it short, only to advise by mail, should I list out phone numbers NOT to call, or just specify all phone numbers/calls and send mail only?
Valued Member
Posts: 30
Registered: ‎04-23-2008
0

Re: what to do? MCM called my landlord asking questions

I forgot to mention that MCM did tell my landlord that  he was calling for an old debt, gave them his number and then hung up on him.

Moderator
Posts: 17,419
Registered: ‎07-14-2009
0

Re: what to do? MCM called my landlord asking questions

any suggestions on what to say in the letter? keep it short, only to advise by mail, should I list out phone numbers NOT to call, or just specify all phone numbers/calls and send mail only?

 

You don't need to give out any phone numbers. Once they receive your letter they are not allowed to call anyone after that point. In your letter just tell them to only communicate with you in the future by mail. That's all you have to say.

 

 

I forgot to mention that MCM did tell my landlord that  he was calling for an old debt, gave them his number and then hung up on him.

 

That's a violation of FDCPA 804(2):

 

Acquisition of location information

 

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

 

(2) not state that such consumer owes any debt;

 

 

If you want to you might mention that violation in your letter

Valued Member
Posts: 30
Registered: ‎04-23-2008
0

Re: what to do? MCM called my landlord asking questions

anyone else? i found the sample dv letter asking for debt validation and all communication to be sent via mail. Is this the one I should use?

 

Thank you.

 

Senior Contributor
Posts: 4,294
Registered: ‎05-01-2008
0

Re: what to do? MCM called my landlord asking questions

Tell them they must cease communication with ANY ONE but you.  Specifically...no family members, friends, business relations or anyone else.  Only you and only by mail.

 

Find a way to do this cordially, as MCM will, in fact, remove any negative reporting if you handle them correctly.  Just let them know you consider this a private matter between them and you, you want debt validation and only in writing.  Be sure to state that this correspondanceis not meant to assume this debt to be yours until any validation canbe verified.

 

I know there is a way to write this better than I have, I've just never had to do a DV or a C & D.  Give this a little more time, someone who's been through this can make it clearer what to say.

 

Hope this helps.....Mo

 



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Moderator
Posts: 17,419
Registered: ‎07-14-2009
0

Re: what to do? MCM called my landlord asking questions


pepper-anne wrote:

anyone else? i found the sample dv letter asking for debt validation and all communication to be sent via mail. Is this the one I should use?

 

Thank you.

 


I understand your concern about this because I've been there but you're making this process more complicated than it needs to be. I would wait for the dunning letter before you sent a request for DV. There are several sample letters or suggestions out there on how to approach the "cease communication except my mail" response. Any of them will work.

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