please proofread this letter asap! Thanks!
Date: Fri, 02/01/2008 - 11:16
Quote:
To Whom It May Concern: I recently sent you a limited Cease and Desist letter by fax (on January 23, 2008) and also USPS Certified Mail, return receipt requested which you signed for on January 25, 2008, asking you to only contact me by mail. You have not honored this request and you responded with a letter stating that you could not locate the account and that you are requesting that I provide you with the details of the account including: - social security number - name of the original creditor - account number - billing address - any correspondence sent by you - phone number(s) I originally provided you with my full name, ***, and my billing address: *** The only additional information I can provide you with is my phone number which is ***. You have also contacted my mother-in-law about the account you claim that I have at ***. As I stated in the first letter, “If this continues (the phone calls) after you have received this letter, I plan to file a complaint with the FTC as well as pursue any legal action that is available to me.†I am again sending this letter to by fax and also USPS Certified Mail, return receipt requested. Thank you for your immediate attention on this matter. Best regards, *** |
hi Sarah-- do you have anything in writing from them other th
hi Sarah--
do you have anything in writing from them other than this last letter? Anything with an account number on it? If you do, then provide them every piece of information that is in their letter. Do NOT give them your SSN under any circumstances! Here's why---if they were collecting a debt that was actually yours, and that they legally had the right to collect, they would know your SSN already.
So, I suggest providing only the info you know they already have.
Name
Address
Phone number
account number(if they provided one)
Any information they have stated to you about who the original creditor would have been.
DO NOT give them information that they dont have. This sounds more like a cheap stunt to get you to imply that the debt is yours--notice how they asked you for your "billing address" and not your mailing address?
Also, something else. They have been calling your mother in law--is she connected to any accounts of yours in any way? Did she co-sign for a loan or anything? If she did not, then she is a third party contact. The fdcpa strictly limits the CA's right to contact third parties about you.
Do you know how many times they have called her?
Have they called her since they called you and spoke to you on the phone?
If they called her more than once trying to find you they broke the law unless she gave them permission to continue calling her. I'm guessing that she didnt do that.
If they contacted you, spoke with you at all, and called her after that, they broke the law because they no longer had a reason to contact a third party if they already located you!
both of those are FDCPA violations, and at this point I really think that they just need a lawsuit. Giving them second chances to follow laws that they obviously know they are supposed to follow, but dont care enough to, will not be productive. I strongly recommend at this point that you go to naca.com and look up an attorney in your area to speak with. Many of those lawyers offer a free initial consultation to see if you really do have a good case. Believe me, you do, as long as these events can be proven. And they can. Phone calls can be proven with telephone company bills or statements.
thanks for the input... to my knowledge we haven't received a
thanks for the input...
to my knowledge we haven't received anything from them in writing other than this last letter. i don't know what the account number would be, they did say something on the phone about it being citibank but no account number. and yeah i thought the list of things they asked for sounded strange...
as far as calling my mother, they have been for a few months... the 1st time she told me that she refused to tell them anything because they were so rude to her, but then started to say that she would give us the message, but as soon as she got off the phone with them they would call our cell #. one time i did answer my mother's phone at told them to call the other # and not that one anymore and they said no because there is no response from us by calling us directly... so from the beginning they knew how to get in touch with us directly but i guess didn't want to, and we never ever give out my mother's number so i don't know how they got it in the first place. and no the account is only in my husbands name, my mother has nothing to do with it at all.
I am going to look up a lawyer now, we are really tired of getting the run around from them. Thank you so much for your help!
If at all possible, consult with an attorney. The things they a
If at all possible, consult with an attorney. The things they are asking you for are items that they must provide you with. Clearly by law, they must provide you (in writing) the name of the original creditor and the amount of the debt. From the sound of it so far, it seems like this might be an old purchased debt, and they wouldn't be able to provide you with snything as far as validation goes.
