CAs refuse to accept certified letters

Keep the letter so if they try to take you to court you have documentation that you tried to send it and they refused!

I doubt they would try to take me to court, the amount they say I owe would not be worth their legal fees.

I do want to pay off any debt I owe, but I want to make sure this one is legit since it isn't even on my credit report and if so, that they are the actual owners of the debt.

But more importantly, I don't want them calling me everyday. Legally, can they keep calling because they won't accept my letter.

Leah is right. KEEP the letter so you can prove you attempted validation. Fact remains, they have STILL not validated. If they contact you, remind them that you have sent them a certified letter and you cannot respond to them on the phone until they pick up their mail and read it. Also make sure you sent the letter to the correct address.

You can also send them a letter by Ups or Fedex. They usually don't screen those for unwanted mail.

I checked the address, it is correct.

But this company doesn't actually have a live person call daily, it's a recording and it's annoying.

Should I call them back and explain to them as I already have multiple times that I cannot respond until they validate the debt. Usually they become rude and hateful when I do.

The last time I asked them to send me paperwork on this debt, their representative just hung up. I have never received any type of bill or notice of collection from them. I later found out they had an address for me in a state where I've never had an address.

I'm pretty much at a loss as to how to either pay a validated debt or get them to leave me alone.

Honestly I think they are scamming me for something I do not owe, but since they won't accept my letter and refuse to have an adult conversation, I'm out of options other than to let them keep harassing me everyday. That doesn't seem right or legal.

hi-

I would recommend that you speak to the FTC regarding this matter. The FTC is the agency that enforces the Fair Debt Collection Practics Act. Contact them, inform them of your situation and provide them with copies of everything, including how you found out that they refused the letter.

The FTC cannot take one side or the other in the debt dispute, but they can handle the fact that someone is violating the law. They are not allowed to refuse contact with you in this manner as far as I recall, because of the fact that they attempt to initiate contact with you. By refusing that letter, they are trying to take away the rights that the law guarantees you, the consumer. They cannot legally take those rights away in any manner, so thats why I believe that they cannot refuse those letters from you.

This might even end up in the future as being sufficient grounds for you to file a lawsuit against them, because they are trying to keep you from having the rights that the law guarantees.

There are a few CA's using the recordings now when they call. I had one where the recording would repeat itself over and over again until it used up all the recordable space on the answering machine. This went on for a couple of weeks then they suddenly stopped calling. It's pure harrassment. I think it was Merchant's or Mercantile or something like that. The recording was very clever to slur over their name so you couldn't quite understand it. They also use your phone number as the case number for when you call back!! Really lame and bogus.

Using it as a "case number" or "cause number" would also be illegal. It suggests that litigation is already under way, when in fact it is not.

Under the fdcpa, they HAVE to validate the debt. If they are not responding then file a complaint at your state attorney general's office and FTC. Do not pay them a cent...and do not get intimidated by such scary tactics.
Good luck
Nelly

Just had a collector tell me I would have to get that type of documentation from the origional creditor, and they do not provide that type of information unlessit is in a COURT setting. They stated they would NOT recognise the debt dispute. This was after they received a certified letter from me telling them not to call, but to correspond by mail.

Shobbs1953...I just went through that in a mediation. They won't entertain DV/dispute letters in mediation...ONLY in court. I was told by the mediator that a mediation is not the venue for DV letter arguments and, if that were my defense, the mediation would end and they would schedule a court date.

They are full of shit. If they don't validate, they have to quit collecting. If they don't validate and then they sue you, you have a counter suit.

shobbs--

They lied to you on both counts, plain and simple.

First, validation is requested. The creditor you requested it from is the party that is responsible for it under the law. This is what the Fair Debt Collection Practices Act, a federal law, has to say:

[quote](b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. [/quote]

The collector is the CA that keeps calling you. The collector is required by federal law to stop collection efforts, contact the original creditor, obtain the necessary documentation, and provide you with a copy of that documentation, all before they are entitled to continue trying to collect this debt.

What state do you live in? At this point, I would suggest that you record the phone calls, if it is allowed in your state. If you get them on tape telling you that they dont do validations, you can sue them on the spot for breaking that law.

Also, they dont have any choice but to recognize your dispute--the law I just quoted doesnt give them the option. Again, another violation of the law.

At this point, you need to know that a violation of the FDCPA(the law I am referring to) carries with it a penalty of up to $1000, payable to you from the collector, as well as any actual damages. you currently have them on at least two violations--refusing to honor a dispute and refusing to provide validation. The dispute issue can also be checked by looking at your credit report--if they have reported this debt on your credit file, they are required by law to note on there if you dispute an account. Since they "dont recognize" your dispute, I would bet that they didnt bother entering that note. And that is a violation of the FCRA, another federal law.

And then, there is the cease and desist issue....are they still calling you after you know they got your letter? If so, that is a violation of the FDCPA once again:

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