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Voilating FDC Letter?

Date: Tue, 02/19/2008 - 04:03

Submitted by mysticmoon_magick
on Tue, 02/19/2008 - 04:03

Posts: 16 Credits: [Donate]

Total Replies: 2


I was wondering if anyone can point me to a nice letter letting a certain creditor know they just violated the FDC act? I sent certified C&D not to contact me both at home or work, and let them know that i never received letters out last week, and they have been delivered. I sent one to general manager, president & collection supervisor. I have an option on my phone that lets me save voice mails into a wav file and they just called me last night. I still haven't gotten the letter i'm suppose to either regarding the debt. I have a lawyer I plan on contacting, but in the mean time, I was wondering if there was a letter somewhere that I can send letting them know they violated the FDC


Under the fdcpa, the CA can make one contact after receiving a C&D letter. Calling would not be a violation as you do not know the intent.

Section 805(c) -- Ceasing communication. Once a debt collector receives written notice from a consumer that he or she refuses to pay the debt or wants the collector to stop further collection efforts, the debt collector must cease any further communication with the consumer except "(1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy."


lrhall41

Submitted by SOAPLADY on Tue, 02/19/2008 - 06:06

( Posts: 17315 | Credits: )


mystic...
did you send a regular certified..the one with green card...or one you have to pay more for?..guaranteed signed delivery and tracking?..am not sure what this is called..
but I know I have read where people send simple certified letters and bad collection companies are smart enough to simply not accept receive or acknowledge these and they never get delivered....(you will get them returned over a month later) ...which I think then plays into your dispute time period...
I'm not sure what this type of certified mail is called but I know it really helps when you pay the extra money and then have proof of exact employee name who accepted the certified letter..the date they received what time etc....it is guaranteed delivery or denial type of thing..I'm sure one of the experts here can advise you of this!


lrhall41

Submitted by socksfullofrocks on Thu, 02/21/2008 - 21:34

( Posts: 488 | Credits: )