DV Letter didn't stop collector
Date: Thu, 11/05/2009 - 17:55
What is my next step?
Quote:Originally Posted by Kitty MarieI DV'ed Asset Acceptance.
Quote:
Originally Posted by Kitty Marie I DV'ed Asset Acceptance. I received receipt that they received my letter. They still have not validated the debt with me and are continuing to call and send "settlement" letters. What is my next step? |
File complaints against them.
The collector mustn't continue the collection efforts till they validate the debt. So they have clearly violated the FDCPA Act. You may sue them as well for the violation.
Send them a second DV. Worded tougher, and including the fact th
Send them a second DV. Worded tougher, and including the fact that they've not responded to your first demand.
Also... Save every shred of paper, including the letters and the envelopes they arrived in. Postmarks are your friends. Thoroughly document their calls. Better yet, record them, if that's legal where you are.
You've documented that they've violated FDCPA. What you're looking to do now is establish a clear, coherent pattern of willful violation. Then nail their balls to the barn door. Once is a fluke, twice is coincidence. Forty-seven times is a pattern.
Quote:Originally Posted by unclewulfOnce is a fluke, twice is co
Quote:
Originally Posted by unclewulf Once is a fluke, twice is coincidence. Forty-seven times is a pattern. |
That is by far the funniest thing! I needed the good laugh, thanks.
They have called a few times - I didn't answer because they call while I'm at work. So I will document those calls as well?
I finally picked up the phone today and told the collector that I had sent in a certified letter and received receipt that they received it and all the info was in the letter. And that in the letter I also stated they were not allowed to call me and discuss the debt until I received proper validation. She asked exactly what I needed/what was in the letter. I told her I didn't have time to discuss the matter now as I was at work and that she would need to locate the letter or I could fax her a copy for her records. She tried to say that depending on what was in the letter they weren't required by law to send certain information about the debt but she would look into finding the letter. I told her thank you and to please not call me again until they have validated the debt and responded to my letter. Then I hung up on her.
So we'll see.
Could they sue me with out validating the debt?
no they can't as that would be collection activity.you could ans
no they can't as that would be collection activity.you could answer any summons stating that you properly requested validation,and they never responded.
