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Sending C&D and validation letter via Fax

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PostPosted: Sun Mar 18, 2007 6:22 pm Subject: Sending C&D and validation letter via Fax

Has anyone sent C&D-Validation letter by fax?
Will sending the letters by fax serve the purpose?

Reesie



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PostPosted: Sun Mar 18, 2007 6:34 pm Subject:

It would serve purpose of written communications but to have evidence that a court would admit,we recommend the certified return receipt.
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PostPosted: Sun Mar 18, 2007 6:51 pm Subject:

Fax machines jam up, are shared by several department. They can always say they didnt get it. You need a receipt for delivery.
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PostPosted: Sun Mar 18, 2007 6:53 pm Subject:

I did both...a fax and a Certified Mail copy.
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PostPosted: Sun Mar 18, 2007 6:56 pm Subject:

I would do both of them. My employers would always send a document via fax but they will also do so via regular mail, in this case certified mail. I would recommend the same for you.
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PostPosted: Sun Mar 18, 2007 10:05 pm Subject:

A Ca called one of my neighbors today.
I was livid.

I called the CA, told her the call was being recorded, and not to call me or my neighbor again.

She told me, people usually thanked her for calling their neighbor. Rolling Eyes


She would not let me get a word in and vice versa.
When I would talk, she would talk.

She kept insisting I HAD to tell her if I owed the debt.
Told me if I would admit owing the debt, she would not phone me again.

I told her, I didn't HAVE to tell her anything.

What type of collection tactic is this?

My question concerning Creditors is, why don't they go ahead and turn accounts over to Attorney's to file suit instead of turning accounts over to CA's?
If they are going to sue, why don't they go ahead and sue?

And why don't the CA's that have bought the debt do the same?

Why spend months on end harrassing people?

It makes no sense at all to me.

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PostPosted: Sun Mar 18, 2007 10:30 pm Subject:

If the CA did not have a phone number for you or could not verify one, it is perfectly legal under the fdcpa for them to call a third party like a neighbor to have a message relayed. However, if you have talked to the CA before at your home phone, you just made yourself $1000!!

§ 804. Acquisition of location information [15 USC 1692b]
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

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PostPosted: Mon Mar 19, 2007 12:10 am Subject:

Quote:
If the CA did not have a phone number for you or could not verify one, it is perfectly legal under the fdcpa for them to call a third party like a neighbor to have a message relayed. However, if you have talked to the CA before at your home phone, you just made yourself $1000!!


I had not talked with her before.
I will be faxing + sending a C&D letter via certified mail, first thing tomorrow though.

The neighbor she called doesn't know me from Adam's house cat nor do I know them.

I have another CA that I have not spoken with on the phone.
When I send this CA a C&D letter, can I request that they not call my neighbors or relatives?

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PostPosted: Mon Mar 19, 2007 7:04 am Subject:

Calling a third party is only allowed to get contact info. for you.Once they know how to reach you,there is no reason to contact anyone and as Soaplady has mentioned to do so is a violation of fdcpa. There is no reason to add clause on letter to not contact third party.If it makes you feel comfortable,you can add it.
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Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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