Recieved two letters from CA
Date: Sat, 01/31/2009 - 17:31
Today, I gotten another letter from the same CA stating that they demand payment in full and I must respond within five days before my situation worsens.
Can a CA actually do this? Thirty days is not over at all and I don't understand why they sent that letter! I have called them twice today to figure out what's going on and only was put on hold as their representatives were busy taking in other calls. I also notice the account numbers were different on each letter.
Should I ignored this letter and send the DV anyway? I will also like to make clear that I ignored their phone calls, (their first attempt to collect the debt) they called three times in one day and I didn't received anymore since. Did they sent the demand payment in full letter for that reason? I don't understand it.
If I'm not mistaken..
It is against the law to DEMAND PAYMENT BEFORE ANY ACCOUNT HAS BEEN VALIDATED, and in fact may constitute MAIL FRAUD.
Can anyone confirm this, and if so please post the law referrence in this regard.
You probably have a nice FDCP lawsuit on your hands now sweetbty
You probably have a nice FDCP lawsuit on your hands now sweetbty, let me do some research about this matter, then I will post the relevant laws.
Sorry I was incorrect, see the information below. One thing thou
Sorry I was incorrect, see the information below. One thing though, each time a debt collector attempts to collect they must include the Mini-Miranda Warning.
I think the term is "overshadowing." To make it seem as if th
I think the term is "overshadowing."
To make it seem as if the debtor is required to pay the amount of the debt within the 30 right to dispute period. In my opinion, the CA has done this by sending that second letter demanding payment within 5-days (clearly within the 30-day validation period) or the debtor's situation "might worsen."
What I'm not clear on is the OP stating each letter had two different account numbers. Is it possible the same CA might be collecting on two different past due debts?
I would be sure to clearly reference both account numbers on the DV letter(s) you send.
Ok, I didn't send the DV as I wanted to see if they would clear
Ok, I didn't send the DV as I wanted to see if they would clear this confusion of sending both letters. Instead I called again and finally got a hold with someone. I proceed to ask why I got a DV letter then the PIF one. He said the bank (who loaned money to me) contacted them demanding all their money right away. I told him it is within my right to send a DV letter within 30 days so they can validate the debt or not. Then he goes on to say, well I have all the information about you right in front of my screen that you owe blah blah blah, your SS number the school you attended so a DV would meant nothing.
Then he offers a settlement plan for me to give them 5,000 then everything will be cleared. I told him I can't pay it then he says well send 2500 for this month then he says he will lower it afterwards and I told him I couldn't send 2500 for this month. I said I will pay whatever I can which is way smaller than that. Then he asks, how about borrowing money from family or taking out a loan? I said I wouldn't do that as my family already have their own financial situation to worry about. Then he makes a smart remark that if I am paying a phone bill, (the phone I'm talking to him through) then I am able to pay them. I explain it is my parents phone as I'm still living with them due to my financial problems. Plus I also said I have other things to pay off and the 2500 will be too much, then he mention he doesn't care about me paying other people but the fact I need to pay them. Like I didn't know he didn't give a crap. :roll: Then he goes on to say I am playing games with him and the bank wants their money and he wouldn't settle for the amount I am willing to give him. Then he says call me whenever I decide to pay the 2500 then hangs up.
I don't know what to do. Can a collector outright refuse payment because they wouldnt settled for less? I'm thinking about taking out a loan to get them off my back and pay the new lender from there (for a small amount I can afford to give) but I don't think it will be the right choice, plus my credit is bad due to this and the chances of getting approved will be low.
The debt is $8,000 and I know full well I this is something I need to pay but what he is asking for, I can't pay that much at the moment. Also, I tried applying for a second job for a few months now with no success.
Can I still send a DV letter or is that out of the question since I pretty much validate the debt by talking to him? Right now, I am worried and this stressing me big time. :(
i would send it asap. i am not an expert in any means but i woul
i would send it asap. i am not an expert in any means but i would def send that. this does not sound right and i would trust this collector.
correction, i meant i would *not* trust this collector. i never
correction, i meant i would *not* trust this collector. i never really trust any new collector, it's not even anything personal, it is more me wanting to make sure they are not a scam in anyway.
From what I understand, student loans are a different kind of an
From what I understand, student loans are a different kind of animal and I know next to nothing regarding them. Have you looked at the student loan forum on this website?
Here is the link: https://www.debtconsolidationcare.com/student-discussion/index.html
I personally would not want to steer you wrong by giving you bad/incomplete information. Someone that knows more about student loans should be along to help, otherwise check out the other forum and see if there might be a thread there that is similar to your situation.