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Guest · Posted: Fri Mar 14, 2008 2:35 am Subject: What to do next?

I sent a debt validation to a CA several weeks ago by cmrrr. They have yet to sign for it and to send the green card back. I was contacted by a local CA yesterday but I didn't answer the phone so they hung up. Can the CA that I sent the Validation request to use another agency without validating the debt as requested? What do I do next if they aren't going to sign the card?

Posted: Fri Mar 14, 2008 2:56 am Subject:

Hi guest

If you had sent the CA a DV letter with in the thirty day period and still they sell it to another agency with out even responding to your validation request then its a violation of fdcpa.

Posted: Fri Mar 14, 2008 3:27 am Subject:

You have done the right thing by not responding to the other CAs call. As goodnelly has said if the previous CA has sold the account to another CA then they are violating the law. You should wait to see if the original CA responds back to your DV request or not.

Guest · Posted: Fri Mar 14, 2008 3:33 am Subject:

Thanks for the information.

Posted: Sat Mar 15, 2008 1:32 am Subject:

Also, you can check your RR # online at the USPS site. I recently sent a DV letter CMRRR to palisades.. and hadn't gotten the green card back. I checked the site, and found they had received the letter 3 days after it was mailed. (Had been almost a month before I checked) When I checked my cr's for the month... The palisades claim had magically disappeared. It's definatly worth the search to check if they got it!

Posted: Sat Mar 15, 2008 4:32 am Subject:

Yup eghymay .....i guess CAs are scared of debt validation letters. Thats probably the reason why nine out of ten CAs do not respond to your validation request.Some of the debt collectors are even smarter....they flatly say "WE DO NOT DO VALIDATION" what crap!!!!!

I once got a call from some Mr Steve from Palisades.....he claimed to be an attorney and simply threatened me to put me behind the bars for some stupid debt that i dint even recognize. I demanded for validation and he simply HUNG UP.

Posted: Sun Mar 16, 2008 12:01 am Subject:

Scared.. or simply rational in some cases.

The DV letter that is linked in this site is VERY strongly worded, and with the enclosure, implys that you know every facet of what is going on.

If they are on weak ground, out of sol, etc, that letter pretty much clears up any hope for them that they can trick you. Hence.. it is not worth their manpower time to dig up the validation if you know your rights.

Guest · Posted: Sun Mar 16, 2008 12:18 am Subject:

Okay, I checked the usps website and it says that the DV letter has not been signed for and it will be returned to the sender. So, how do I get the DV to them since they refuse to sign for it?

Posted: Sun Mar 16, 2008 12:27 am Subject:

You could try calling them... Do NOT give your name.. SS, or any info.. just ask the first person you talk to what address you can send a check to, that your last one was returned.....
IF its different.. try to CMRRR that address

Posted: Sun Mar 16, 2008 12:56 am Subject:

Folks, this needs to be clarified here. The CA can SELL the debt to someone else. They just cannot take any COLLECTION ACTIVITY on it without replying to yoru validation request. You need to find out if they sold the debt to the new CA, or if they merely hired that CA to collect the debt on their behalf. There is a very important difference between these two things--selling the debt is not collection activity, and therefore is allowed. The law states that the specific CA cannot legally continue to try to collect if they refuse to honor the DV request--that is not binding on any other CA that comes along and buys the debt. HOWEVER, if they still own the debt and they assigned the debt to another CA to collect on their behalf, then that IS collection activity, and it would be illegal in this case.

The next step for you is to find out who this new CA is, find out if they now own the debt or if they are collecting on the other CA's behalf, and then send this new CA a DV request by certified mail, ONLY if they now own the debt. If they dont, and the other CA is trying to get around your DV request by hiring this new collector, then you need to consult an attorney and file suit against the one you requested DV from, for their fdcpa violation(s).

Posted: Sun Mar 16, 2008 7:14 am Subject:

Posted: Sun Mar 16, 2008 7:19 am Subject:

Posted: Sun Mar 16, 2008 7:25 am Subject:

Posted: Sun Mar 16, 2008 7:30 am Subject:

Posted: Sun Mar 16, 2008 9:03 am Subject:

I have dealt with this kind of situation before: Just call the new CA and ask if they are owners of the debt or if they are collecting on behalf of someone else. They already have your information, so just to prove who you are you can confirm the last 4 digits of your SSN. I'm pretty bold when it comes to talking to them..I don't care if they have my phone number or address, if they are under a DV and they use this information to continue to collect or call and harass me..more power to them...more money for me as I will not hesitate to sue em. Smile

Posted: Sun Mar 16, 2008 10:44 am Subject:

wulf--the easiest way to accomplish this is to see where this new CA wants you to send payments. Of course, that works easier if they sent you a letter, but this is not foolproof, as many CA's will collect money and then forward it to the creditor, if they dont own the debt. But in some cases, such as RJM and Island national, they are famous for directing that you send payment to the actual name and address of the current owner.

Other than that, the next way is to do what golden said--find out from the CA if they own the debt or not. If it takes a strongly worded letter, that really is no problem, since you will be writing strongly worded letters anyways if the old CA still owns it, lol.

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