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 Posted: Mon Dec 10, 2007 7:01 pm Subject: Mitchell N. Kay |
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Anyone ever deal with these people? I've heard bad things about them.
Here's what Bud Hibbs has to say...
| Quote: | "Send the letter via certified mail with a return receipt request. Keep a copy of the letter for your files. Send out the letter within thirty days of the first contact by the collection agency/ collection attorney. The law applies to both the agency and to attorneys who collect two or more debts per year. They are allowed (under law) to contact you one time, after receipt of the letter, to notify you of their intent. Debt buyers are subject to the law in spite of their assertions that since they bought the debt, they are not the collector. WRONG!!! They ARE a debt collector, subject to the law. Send the letter, it's legal and it works!
Your Name Date:
Your Address
City, State, Zip
(Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT)
XYZ Collection Agency/Law Firm
1234 Main Street, #100
Any town, USA 10021
Re: File #0000000 - ABC Bank - #4445566778899000
For: $5555.55
Dear Debt Collector /Debt Collector Attorney:
This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.
If you fail to heed this notice, I will file a formal complaint
against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.
I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.
You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken.
Give this very important matter the attention it deserves.
Sincerely,
John J. Consumer
NOTE: This is an attempt to make a debt collector obey the law.
Any information obtained, will be used for that purpose." |
Just like that, I can kiss them good by? How does that work? I had a sticky situation a few years ago. I had a leased car that was due back, but they are claiming it got repossesed (SP). I got letters from different collectors...one for $11,000 +, one for $5,000 +, now one from Mitchell N.Kay for $6,200. I moved and the letter is dated November 3,2007 and I just receoved it today, December 10,2007. What should I do?
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Breakthecycle2
Joined: 22 Oct 2007
Posts: 171
Debtcc Points: 3044
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| Posted: Wed Dec 19, 2007 1:07 pm Subject: |
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I don't know if that legitimately works or not. You can request that they cease and desist contacting you by phone, and you can also request that they validate the debt to prove you owe the debt, that they can collect on it, who the original creditor was, how they came up with the figure they say you owe, etc.
If you send this validation request within 30 days of the date of their initial written communication to you, they are not supposed to report the debt to the credit bureaus, and are supposed to comply with your request. If they do not comply, you can send a 2nd request, and if any info were to ever be reported to the credit bureaus by them regarding this debt, you could dispute on the grounds that they did not respond to your validation request and show your return receipts from the post office.
You can still send the above, even though it is past the 30 days, and they are still supposed to comply, but they are not prevented from reporting the debt to the credit bureaus now. Obviously, you can still dispute whatever is placed on your credit reports.
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Tiffany99
Debt Samaritan
Joined: 15 Jun 2006
Posts: 1064
Debtcc Points: 19129
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| Posted: Wed Dec 19, 2007 6:12 pm Subject: |
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They can sue (if the ceditor wishes), or pass it on to another collector.
_________________
He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)
The science is in knowing, the art is in perceiving - Robert Fripp (1946-)
Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)
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LawStudent
Moderator
Joined: 04 Apr 2007
Posts: 1191
Debtcc Points: 16430
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| Posted: Wed Dec 19, 2007 10:05 pm Subject: |
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That seems to be the norm, at least from my experience. The majority of the debts I have requested validation for from a collector were never validated, and the collector just passed the debt on to another agency.
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Tiffany99
Debt Samaritan
Joined: 15 Jun 2006
Posts: 1064
Debtcc Points: 19129
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| Posted: Thu Dec 20, 2007 9:28 am Subject: |
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Now they sent me an offer letter of approx $1800 in a lump sum only. There first bill was for $6100. They still, so far, haven't validated this debt.
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Breakthecycle2
Joined: 22 Oct 2007
Posts: 171
Debtcc Points: 3044
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| Posted: Thu Dec 20, 2007 9:48 am Subject: |
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They are willing to settle a $6100 debt for $1800?
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volleyballmom
Debt Samaritan
Joined: 27 Aug 2007
Posts: 4178
Debtcc Points: 24893
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| Posted: Thu Dec 20, 2007 9:50 am Subject: |
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That's what I said. The thing is, I have no idea, how the balance is anywhere near $6100.00
They claim its some sort of "Holiday Special"
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Breakthecycle2
Joined: 22 Oct 2007
Posts: 171
Debtcc Points: 3044
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| Posted: Thu Dec 20, 2007 9:55 am Subject: |
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Yeah, they're trying to get any money they can before the end of the year. Obviously, that's a massive reduction, but something just seems off. I don't know if telling them you'd take that offer as soon as you receive validation of the debt, and or request they do an acceptance of payment for deletion of the item from your credit report.
Anyone else with thoughts on how to handle this?
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Tiffany99
Debt Samaritan
Joined: 15 Jun 2006
Posts: 1064
Debtcc Points: 19129
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| Posted: Thu Dec 20, 2007 10:19 am Subject: |
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Yeah, it doesn't seem right to me, especially being I know that I owed no where near $6100
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Breakthecycle2
Joined: 22 Oct 2007
Posts: 171
Debtcc Points: 3044
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| Posted: Thu Dec 20, 2007 10:21 am Subject: |
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And considering that I don't have that much at all to send them at one time.
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Breakthecycle2
Joined: 22 Oct 2007
Posts: 171
Debtcc Points: 3044
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