I am one of the unfortunate many who have allied interstate as a debt collector. A few years back, I got talked into getting a Verizon family plan for my husband at the time, his mom, and I in my name. Needless to say, they never paid for their portion of the plan and the account ended up going to collections. Allied Interstate calls daily and sends statements every once in a while with the amount owed (800 something dollars). I don't answer the phone because I know who it is. Well, I created an account with a money management company who is helping me with that and one other debt account which was bought by another of the notorious agencies, Resurgent Capital. The money management company have been wonderful, but since the last statement sent to me by Allied Interstate was dated January of 2008 (6 months ago), they need me to call them verify my current balance. After reading so much bad stuff about these people, I'm terrified to call them! Do you have any pointers for me before I call? Do you think I will even have any luck getting someone helpful? I just want to get the info and get off the phone without being harassed. I know they have no right to harass me, but I'm pretty sensitive.

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What state do you live in?
When was the last time you made a payment?

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I live in California, and I think the last time I made a payment (to Verizon, not AI, I have never paid AI) was about 2 or 3 years ago.

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Removed by Shazzers
Reason: No solicitating permitted, against TOS rules.

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SOL for CA is 4 years.

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JCEMT

Here is a list of resources for the community

Site TOS

800.00?i would send a DV and C&D letter stating
to only communicate via the USPS.send the letters
certified mail return receipt.use the address on
the statement they sent you.

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DV's and C&D's are mutually exclusive. You can't ask them to validate the debt and to cease communication at the same time.

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USPS is communication, and that is still allowed, eh?

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Credit is like a ball and chain. And it can pull you down.

If you are referring to a "limited cease & desist", there is no provision or case law to back that up.

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OK, no provision or case law to back that up?

So, there is nothing that says you CAN'T put a limited C&D and debt validation request on the same letter? I clearly state in my letters they are to communicate only directly with my via USPS mail, or, if they receive written authorization from me, a third party such as an attorney.

Can you clarify that? I'm a little curious, as I have sent many letters out like that and I have received about two responses back to my Validation request by mail. I have even sued a CA for violating the C&D request and the attorney that took my case didn't bat an eye at the way the letter was worded.

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Sorry Meg. Daddy loves ya, but Daddy also loves Star Trek, and in all fairness, Star Trek was here first.
... Peter Griffin/Family Guy
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There's nothing that says you can't put that in a letter. There's also nothing in the fdcpa or any court rulings that have definatively decided that a CA(JDB) have to abide by a "limited C&D". Personal experience is it is either ignored or taken as a full cease comm. LVNV, for one, will cease ALL verbal and written communication if they receive a "limited C&D".

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I'm sorry, LVNV might not be a good example to cite in regards to proper interpretation of/adherence to the fdcpa.

Correct me if I'm wrong; however, wasn't LVNV the CA that had a multi-million judgment handed down against them for violations of the FDCPA? I might be confused, but I think I remember reading it somewhere.

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Sorry Meg. Daddy loves ya, but Daddy also loves Star Trek, and in all fairness, Star Trek was here first.
... Peter Griffin/Family Guy
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Not that I'm aware of. LVNV's violations are more on the FCRA side. Since LVNV subs out collections to it's numerous octopus CA's, it is very rare to see any dunning letters from LVNV but all reporting is done under LVNV.

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I know the debt is valid. I will write a C&D letter if they don't stop contacting me after they are dealt with by the money management company. But the money management company just needs me to call them to verify the current balance. I just want some advice about calling them. What if they don't want to give me a balance without hassling me? Should I just get a balance and then hang up right away?

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nascardevil,just a question did you come from CIC or another board.You have solid advice and I am reminded of a few different boards besides this one.

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Cajunbulldog
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.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.

I am a member of CIC and a couple other boards.

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