Internet's first get-out-of-debt community - 123,000 members

I just received a letter from ACA Recovery, Inc. in Ridgewood NJ, Norman G. Kalina of Counsel. The letter states the following:

Your account listed below has been assigned to us to Collect.

you may not have intentionally neglected this obligation, but it is past due and needs your prompt attention:

At this time we ask that you either:
1. Remit payment in full to this office.
2. If you cannot pay in full at this time, please contact us; we may be able to work out a payment schedule.
3. If alledged debt is disputed or paid-Please notify us in writing.

Please contact: Mr. Cutler at 800-356-3713

Please note the FDCPA requirements 807 (11) and 809 below:

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion of it, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or a copy of the judgement against you and mail you a copy of such judgement or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of original creditor, if different from the current creditor.

Client: PAYCHECK TODAY Total Balance: $805.00

First off I borrowed $500, and paid $150. I was originally working with Paycheck Today-we kept going back and forth they wanted $650 from me and I said no I would pay $500 since I already paid the $150 fee.

I am sending them a DV Letter certified return receipt, but I kept reading the last paragraph over and over and it seems like no matter what if I respond they are stating I am validating this debt? Maybe I am overreading this but there were a few missed spelled words (I corrected them above) and they say it is Norman G. Kalina of Counsel(is this a scare tactic) I did read a lot on the board last night about this. I live in the state of NJ and was trying to see if ACA Recovery was licensed-how do I find out. Any advice would be appreciated.

Posted: Fri Apr 18, 2008 9:44 am Subject:

Sending them a DV letter does not constitute that you are admitting to the debt...that last paragraph is standard verbiage is almost all collection letters.

You have a DV letter template to send them?

Posted: Fri Apr 18, 2008 9:51 am Subject:

Yes, I have an example letter, but the one I found has about credit report entries. Is it correct to ask for The amount of the original debt, proof that it is mine, how they arrived with this amount, how much I have paid to the original creditor and a copy of original loan documents. i had asked paycheck today before to email me a copy of the loan documents and they did not. Also can I ask for them to send their mailing address.

Posted: Fri Apr 18, 2008 9:52 am Subject:

Mailing address of Paycheck Today, as they wanted me to send either Moneygram or Prepaid Credit Card and I refused. If someone wants me to pay, I will send them a money order.

Posted: Fri Apr 18, 2008 9:55 am Subject:

Hi kolodin. How long did it take for them to send your account to collections? I hope that my ipdls will send me to collections so that I can work out a feasible payment arrangement. They are monsters to work with. Also, how much did they harrass you before they sent your account to 3rd party?

Posted: Fri Apr 18, 2008 10:00 am Subject:

This account went default on 3/4/08(I stopped their ACH's)so a little over a month. I did have arrangements at first with them but they wanted $200 every pay period and on the 3rd pay period they wanted $250. I couldn't do that. Once I asked for my loan documents and sent them the revocation letter I did not hear back from them. Now I get this letter from ACA Recovery. I searched them last night and found nothing but negative remarks.

Posted: Fri Apr 18, 2008 10:01 am Subject:

Not sure which template you have, but this one covers everything you are entitled to have validated:

YOUR NAME AND ADDRESS

ADDRESS TO THE CA

DATE

Re: ACCT# <ENTER>

To whom it may concern:

This letter is being sent to you in response to a notice sent to me dated <DATE> Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is not a request for "verification" or proof of my mailing address, but a request for Validation of Debt made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt.

Thank you,

<YOUR>

Posted: Fri Apr 18, 2008 10:03 am Subject:

I know what you mean. I had arrangements with webpayday, but there is just no way I can keep them. I sent them the c&d letter via email, several times, but they still call. They called today, in fact but I have not called them back. Did you contact the pdl when you were about to default on your arrangement or did you just let it go?

Posted: Fri Apr 18, 2008 10:19 am Subject:

I told them once they said the amount and that they wanted me to pay by Moneygram or Pre Paid credit card, I refused. I said give me an address and I will send out a money order. If they really want their money and if they are legit they will provide this to me. I will argue this in court if it comes to that, these companies have already bled me dry. In the last month I actually was able to pay all my real credit and not fear that I would not be able to have gas money to get to work. I know I owe some of these places, but they have to do it on my terms if they want money from me. I am firm with saying I will only pay by money orders, and if a judge tells me that I should have complied with the PDLs source of payment then they will get their money, but again is a judge going to say I have to pay them back through garnished wages through Money Gram or Pre Paid Credit Cards. I used to get sick at night I looked like I aged probably a good 5 to 10 years from stress. These companies will have to fight me. I will legally and morally do whats right. If I owe them I will pay them back but only if I have receipt of same. That way its more ground for me to have my proof of PIF.

Posted: Fri Apr 18, 2008 10:23 am Subject:

Amen to that. I'm still a little chicken, but I am learning to be a bit more assertive. I still don't want to call back today...maybe Monday. Smile

I know I have to work up the courage and I think you have a great attitude towards it, kolodin.

Posted: Fri Apr 18, 2008 10:38 am Subject:

I was scared just up until last week, I still get that way, but I am starting to get angry because when I do get a call from a PDL Creditor acting as a CA I get pissed, especially when they threaten to tell my boss. How legit can these companies be if they have to use these tactics. To me if you are acting as a CA you have to abide by the laws, but maybe not.

hea12ther1 · Posted: Fri Apr 18, 2008 10:38 am Subject:

Kolodin616, I just went thru this same scenerio with the same two companies...paychecktoday and ACA. Do a search on ACA in the search box and you will find a whole lot of shady information on them. I sent them (ACA) a DV letter and all I received back was a copy of the electronic contract from Paychecktoday.com. Then about a week later they sent me a shady letter that said if I don't send the $805 in 10 days they were going to sue me. When I called to talk to them I was passed back and forth to about 3 different people and no one would verify the name of the business. ACA is known to be shady and use illegal practics. Be careful not to give in to their scare tactics!

Posted: Fri Apr 18, 2008 10:39 am Subject:

Hey Volleyball Mom thanks for the letter, really appreciate it.

Posted: Fri Apr 18, 2008 10:42 am Subject:

Hea12ther1-I was reading last night about ACA and it seems like a lot of negative comments. I just wanted to find out since they are from NJ and I am from NJ how this will play out. I am still learning the differences between the original creditor and the CA they hire. I just have to keep reading.