logo

Debtconsolidationcare.com - the USA consumer forum

Dunning Letter

Date: Sun, 11/02/2008 - 16:11

Submitted by kfstaff24
on Sun, 11/02/2008 - 16:11

Posts: 1448 Credits: [Donate]

Total Replies: 13


Once I am contacted by an unlicensed CA for an Illegal PDL company do they have 5 days to send me a dunning letter or do I have to ask for debt validation first?


they have 5 days to send that.then you request validation.once they contact you then that clock starts.what # comes up on caller id?maybe we can help find out who this is?


lrhall41

Submitted by paulmergel on Sun, 11/02/2008 - 16:26

( Posts: 15514 | Credits: )


Most of the time their first contact is by mail, and usually contains the required 1692g notices. If, however, they make initial contact by other means (ie phone call), or if their first letter didn't have the notices, then they do have to send the required disclosures within 5 days of making the initial contact.

You can dispute/demand validation any time really. But usually you'd wait until they send you the notices first, so that you know exactly where to send your dispute to.


lrhall41

Submitted by DebtCruncher on Sun, 11/02/2008 - 17:21

( Posts: 2293 | Credits: )


It is ARM they identified themselves but I just want the correct information for the fax I am sending them. They contacted me on 10/30. I am assuming it is 5 business days so that would be Wednesday 11/5.

Ok stupid question what does it actully look like and does it say Dunning or is it just a normal letter? Will I know it when I see it and should I really expect one from a collector that is not licensed in my state to collect? Are real dunning letters usually sent certified mail?


lrhall41

Submitted by kfstaff24 on Sun, 11/02/2008 - 17:32

( Posts: 1448 | Credits: )


The law doesn't actually state "business days"; just 5 days period. So if they called you, they should send the letter by 11/4. Now that doesn't necessarily mean you have to receive it by that day, but on their end it should at least be post-marked and in the mail by then.

The notice doesn't have to have any title, or be in any specific format. They just have to give you a notice that you can dispute the validity of the debt within 30 days, and if you do dispute the debt, they will obtain verification or copy of a judgment and mail you a copy. So if you see any wording like that, then that's the letter. They are not required to send it certified.

I can't say whether they'll really send it or not. If they don't, then they're violating the fdcpa and you could sue them if they further try to collect.


lrhall41

Submitted by DebtCruncher on Sun, 11/02/2008 - 17:57

( Posts: 2293 | Credits: )


Are you sure the PDL is illegal? Are you sure the CA is required to be licensed in your state? (Sometimes as long as they are licensed in another state, your state will let them do business there).

If you're sure both the PDL and the CA are operating illegally, then file complaints with the AG office. You should also send the C&D letter certified, so that you can prove they received it if you ever need to.


lrhall41

Submitted by DebtCruncher on Sun, 11/02/2008 - 18:21

( Posts: 2293 | Credits: )


ARM is not licensed period.they usually collect for unlicensed pdl's.like PDM and legal mediation do.i doubt you will get anything from them in writing.also lump AIS in there as well.


lrhall41

Submitted by paulmergel on Sun, 11/02/2008 - 19:21

( Posts: 15514 | Credits: )


Hi Kstaff,
They tried to collect from me as well. I sent them the DV letter & they sent back a copy of my contract with some information highlighted, that was it.
I reported them to the banking department in CT because they aren't licensed to collect, I guess they handle the licenses for collectors as well. They contacted them on my behalf & I haven't heard from them since.


lrhall41

Submitted by dawnlango7 on Mon, 11/03/2008 - 09:08

( Posts: 1147 | Credits: )


I was checking out their website; yet another CA in Jacksonville, FL. I personally have had no experience with them, so I cannot say either way what they are like.

I did find this little quote from their website amusing, though:

We have an H/R philosophy - recruit, develop and retain the best collectors in the industry. Our collectors are trained not to break the law. They work hard because they are compensated for the success of their collection efforts. You will experience higher recovery rates since our team takes the time to understand your debtor and industry.

Wonder why they would even feel the need to put that on their website? Trained not to break the law?


lrhall41

Submitted by FloridaRon on Mon, 11/03/2008 - 12:15

( Posts: 1190 | Credits: )