Merchants Credit Guide (No response, just another bill)

It sounds like further collection activity on a disputed debt. You could probably sue them at this point if you wanted to, or you could send another validation letter and remind them of their obligations to the fdcpa.

Would it be inappropriate for me to make it known this is my second validation letter, and to let them know that they have violated the law by continuing to collect this debt while it is still in the validation process? Quite honestly, this particular CA has completely ignored my request for validation, like I have said before, I have a very bad feeling about these people. I really do not trust them as far as I can throw them. :?

thats exactly what I would do, shazzers. I would let them know that this is your second request and you will not make a third one--you will either get validation and they will follow the law or you will be forced to file suit against them for violating the Fair Debt Collection Practices Act.

Did you send the first request by certified mail?

Yes, I sent it certified.

Do you still have the green receipt card that USPS sends you once they receive it? Please tell me you do....because it will change the letter I would send them this time if you have it.

Oh yes, I have everything. :)

Good--at this point, you can send them one of two letters.

The first would be basically saying "look, I got your letter dated 3 January 2008, and pursuant to my rights under the Fair Debt Collection Practices Act, I sent you a certified letter on (date here) requesting validation of this debt. Since that time, you have ignored my request, but continued to send me demands for payment on this debt. Your actions constitute a clear violation of section 809(b) of the fdcpa, and I am once again demanding that you provide validation of the above noted debt. Should you ignore this final request for validation, I will have no choice but to file suit against you for FDCPA violations. You should know that a violation of FDCPA carries a penalty of $1000, plus any real damages and court costs. I strongly advise you not to ignore this, your last opportunity to avoid a lawsuit over this matter."

The second looks basically like this:

In reference to the above noted debt, I received your request for payment dated 3 January 2008. Pursuant to my rights under the FDCPA, I replied on (date) with a certified letter requesting validation of this debt. You have decided to ignore my request, and subsequently, you have been sending more letters demanding payment of this debt. This constitutes a clear violation of section 809(b) of the FDCPA.

Due to you being clearly unwilling to follow federal law concerning this matter, this letter serves as my demand to you to cease and desist completely. No further communication from you is allowed, pursuant to the same FDCPA that you have already violated. This includes, but is not limited to, telephone calls to any phone number, computer dialers, faxes, and any form of mail service. Should you violate this demand, the violation will be added to the lawsuit I am already going to initiate against you for your original FDCPA violation. I strongly advise you to honor this demand, there will not be a second one made. Should you ignore this as you have ignored my previous request, my response will come in the form of a lawsuit.

Of course, I go on and on a lot, but I like to vent to them...also, with any letter you send them, I would send them copies of their letters, a copy of the receipt card, and a copy of your original DV letter. That way, they know it isnt an empty threat, that you have all the proof you need to proceed. I hope that made sense...

I can't thank you enough for all of your help, those letters are perfect! I am going to mail them out tomorrow (certified of course)! Again, thank you. :)