NAFS - Shooting themselves in the foot.....?
Date: Sat, 06/09/2007 - 07:16
Recieved a letter from NAFS - National Action Financial Services, Inc. Dated May 01, 2007. I got my VOD letter mailed out, CM-RRR just inside the 30 period. They recieved, signed for etc..letter on June 1. Green card back by June 4.
In said letter, I requested NO phone calls, Writting only via US Mail. Also indicating that the hours of 8AM to 9PM are an Inconvenient time to call, since I'm in bed already sleeping, trying to sleep, or sloly crashing for the "night".
Since then, I actually got a phone call from NAFS, stating they've been trying to contact me several times, with no success. Interesting, in that the caller is unable to ID himself, company calling and WHO they are calling for. Caller just ID's hime self as "I". Claims I or my associates have been trying to contact you several times, without success. Please call........Blah, blah blah..... :D
Sounds like they're not a company that follows the law very well either. Wondering though, how long I should let them attempt phone calls, especially since I specifically told them not to? fdcpa violation of some sort, is this not?
What about sending a second letter? Do it now, or see if they actually validate their claim, by sending me ALL of the information requested.
As always, information appreciated.
Tape your calls,each one is a violation after they have received
Tape your calls,each one is a violation after they have received your dispute."Continued collection activity".Pull your credit reports,if their account is not marked in dispute,violation of both fdcpa and Fcra.To make the Fcra actionable,do a dispute with the credit bureau.I would not bother wasting money on stamps.Document your evidence so you have a slam dunk and send them a letter listing all the violations so far and asking for a settlement for their law violations.
Well, they chose to violate again! Chose to call the other day,
Well, they chose to violate again!
Chose to call the other day, different caller even!
And this was a couple of days AFTER recieveing my CM-RRR validation request.
Stated I was to call before XXPM that night. If not, they'd decide what to do with still UNverified account.
Still have 2 calls from them on machine, so I can still tape them if I need to.
What makes it interesting, is they called shortly after I had gone to bed for the day. About an hour maybe.
The first call came after I had already been sleeping for several hours.
Luckily, not too much has happened the last day or so. But, will save what I have and take further actions as required. As always, cumments/suggestions always welcome!
OK. Nothing new going on, BUT, I did check the letter sent to me
OK. Nothing new going on, BUT, I did check the letter sent to me by NAFS. Said I could also contact the Pres/CEO of company if not satisfied.
Would it be worth a shot to send the Prez a letter, letting him know that this specific office has in fact violated fdcpa laws?
Including:
1> No validation of claim
2> Phone calls, AFTER reciving letter that states NO CALLS. Two calls so far, still on answering machine.
3> Apparently attempting to continue collection etc...again, WITHOUT proving claim.
What I'm now wondering is, has anyone tried doing something like this, and what kind of results did you get?
Also wondering if it's even worth my effort to consider the legal route at this time.
As always, help and/or infomration greatly appreciated!!
Hi Keith-- OK, the best thing IMO that you can do is follow w
Hi Keith--
OK, the best thing IMO that you can do is follow what cajun said. List out the individual violations, provide the relevant statute with each listing that shows their action to be a violation of federal law, and ask for a settlement for their violations. Legal action is a possibility, and while you may think that is a lot to go through, you should see how these things often turn out. Depending on their actions, a judge can award you up to $1000 for each violation they have committed.
So far, you have--
1--refusal to honor validation request
2--continued collection attempts during validation period(they are not supposed to continue collection effort until they have provided the validation to you)
3--Continued calling after they received your cease and desist request
4--check your credit reports--if they did not change the status of any entry about this account to "disputed" then you have another violation.
On that last one, like cajun said, dispute with the credit bureau to make it actionable. Dispute with the bureau about the status of this entry.
That dispute will take them a little time, in the meantime, continue to record any phone calls(if allowed in your state), keep track of all voicemails they leave, anything they send you, etc etc etc. When the credit bureau is done with the dispute(if you even need to do this--they may not even have reported this to the bureaus), you will then have all your ducks in a row, along with their information. THEN, send them a letter detailling their violations. Chances are good that you will have plenty of phone calls to tell them about, and the more violations you add up, the more willing they might be to settle with you.
