Folks. I sent a letter to creditor seeking start communciation via fax and I accidentally put a typo that may restart the SOL. I went overboard with the legal mumbo jumbo.....Here is what i faxed.
This is to provide permission for Mr. X and the debt collection company that he works for to communicate via Fax to me (My name). However, this permission "doesn’t not" in any shape, definition or form suggest, indicate, endorse or confirm that Mr. X holds any debt with me, the debt collection company he works for or any creditors that the previously defined debt collection company works with or is affiliated with. This letter solely allows communication via my fax number (my fax number) between the previously defined parties.
I accidentally put a double negation. "doesnt not". Will this restart the SOL?
Thanks. I highly enjoy reading the advice provided on this board. Thanks in advance for your replies.
It depends on how educated they are??
I dunno. I would hope it would not! The intent of your fax is to say communicate with me via fax - I give you permission.
To be on the safer side, make the correction, at the bottom on the new letter state this voids any and all previous communications with them.
send a correction immediately, and keep a copy. i'm no lawyer, but if you correct quickly a typo, maybe they can't hold you liable.
I would sent them another fax and tell them about the typo. Put the date, time, and your phone number on everything you send. You could also number your faxes if you send more then 1 a day.
Not likely to extending or restarting SOL. BTW, YMMV based on state, but in some states, SOL can only restart if you make a payment on the debt and in others, you have to provide a written promise to pay. There are other conditions too but check your state's laws.
As far as I understand, the negation is for "suggest" not for "holds". So I don't see the double negation. Correct me if I am wrong!
The intent of this letter is manifestly clear to me.
If you send it again, throw the statute in for authority.
"This is a notice to you under FDCPA 805(c) that you are to cease futher communication with me regarding this debt. This included all written and telephonic communication. However, I specically grant to you one single exception, that being if you should choose to communicate with me via fascimile transmission (FAX)."