Confused about C&D and DV letters - NEED HELP
Date: Tue, 03/10/2009 - 11:20
I'm trying to compile my letters for East Side Lenders. They are illegal in Arizona, but sent me to a collection agency that has a legal license to collect in Arizona.
What should I do?
Reading the DV letters, it seems like I'm asking the collection agency for validation/proof that I owe the debt, and providing proof of such.
Then the C&D letter on here says not to contact me that I refuse to deal with a collection agency.
Which is it? Do I want the collection agency to validate or not deal with them??
I'm confused.
well a c & d does not mean that you refuse to deal with them, it
well a c & d does not mean that you refuse to deal with them, it just means that you want everything to be in writing. i personally would send both.
The C&D form letter on this website says "I/We have decided
The C&D form letter on this website says
"I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant."
should I just remove it or is there another form letter out there to use.
I just want to cover my basis correctly.
Thanks!
it is up to you.. the letter i used (also from this site) did no
it is up to you.. the letter i used (also from this site) did not have that on there. but circumstances warrant could mean unless it is too late for the original creditor to work with you? for example, i had credit card debt charged off and sold to collectors, in that case the original credit would not talk to me at all.
in your case though, perhaps that is a good idea? i am kind of torn.. you have a legal collector coming after a loan that is not legal. if it is not legal, they cannot do anything to you anyway but i can see why you would want to talk to the original creditor, so i would leave it on.
of course i am not an expert, perhaps someone here has more insight on this?
Thanks for your input, and that is why I'm a bit confused. Most
Thanks for your input, and that is why I'm a bit confused. Most things I read on here say that illegal lenders will most likely not use legal collection agencies. So that is the 1st thing I did, check for a license. However, this one has!
I put my letter together from the ones here on the site.I asked
I put my letter together from the ones here on the site.I asked the debt collection agency to verify the debt.I did not include the part about not wanting to work with the collection agency but I did put in about not contacting me at work and denying wage assignments.
How long does it take to get a response after mailing the debt validation?Must they reply within 30 days?
Also a complaint to theBBB,how long to receive a reply?
UPDATE - turns out according to the AZ Dept of Financial Institu
UPDATE - turns out according to the AZ Dept of Financial Institution, anyone who tries to collect on a debt from a payday loan company is also in violiation of state statues and could be subject to a class 1 misdemeanor. I explained that to the collection agency and they insisted that they were just contracted by EastSide Lenders and did not know that the loan was illegal and would resolve the situation. Told them that since they are licensed in Arizona as a debt collector, that collecting on an illegal loan/debt would be a violation of their license... he was real happy to deal with me when he realized that he wasn't dealing with someone not informed of their rights!
Just a piece of advise - EVERYONE research your state laws completely... these illegal payday loan companies and collection agencies just think we are all stupid and don't know our rights.
THANK YOU to everyone on this site for the great advise!
