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Send them a DV letter CMRRR as well.
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Well, by having this new CA 'collect' for them, AA just violated since they are continuing collection activity after you asked for validation. Now you have a bit more leverage in dealing with them. First thing you should do is FIND that CMRR!! If you have the certified number you can get a copy of the delivery from USPS.
Send this new CA a letter explaining that this account is being disputed and that their client just violated federal law. Demand validation from them as well. THEN send a copy of this letter and a new letter to AA, telling them that they have violated federal law and that you could now take them to court. Demand validation AGAIN. You should also dispute the account with the three CRAs, so that when they verify, they have just hung themselves all the more. Wait a bit, then you can send an ITS letter stating that unless they permanently close the account (IE do not sell it) and remove it from the CRAS, you will take them to court. Give them 15 days to comply. If they still ignore you, then take them to court. If you keep all your paperwork, you will win. |
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kchahn!
My personal experience with FNCB is pretty similar to yours. They started off, like so many idiot CA's do, by calling my Mother and leaving one of those "If you are 'so-and-so', then hang up now." Which is strange as they should have all of my correct contact information as my phone number has not changed and is still in service. I did send them a first DV/C&D letter, which they apparently ignored and continued calling my mother. Keep in mind all of my contact information was included on this letter. Also, of note, I never received the initial dunning letter. You know, the one they are required by law to send within 5 days of the initial contact. So I sent a second letter. It this letter, in addition to it being a DV/C&D letter, I listed off all of the fdcpa violations they were racking up and my intent to sue if they continued. I have not heard from them again or, more accurately, they haven't called my mother again. And you know what else is funny? I still have not received that initial dunning letter. |
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They'll probably claim your initial dun was lost in the mail, Ron. Don't let'em.
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Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.] |
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Something about 'can't see the forest for the trees' springs to mind here...
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Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.] |
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Brings up a favorite of mine. The blind leading the deaf! :lol:
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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. |











