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certified mail..

Date: Tue, 01/12/2010 - 10:18

Submitted by anonymous
on Tue, 01/12/2010 - 10:18

Posts: 202330 Credits: [Donate]

Total Replies: 6


I got lucky.. I had a debt collector that did not respond to the validation of debt claim. I sent my correspondence certified mail, and have proof that they got it.

Realizing their mistake, they sent another dunning letter with the same account number, and had the nerve to lie and say, (1st Notice). Not true, the issue was already taken care of.

Not only that, but debt collection agency had the nerve to steal the IRS logo, and put it on their form. (stupid)

The second letter was on regular letter head.

My question is, they just cant continue to send dunning letters just because they failed to respond, right? Its the same account.

Why dont debt collectors use certified mail? They send these letters using regular mail, cant that work against them?

Advanta is such a criminal company, I closed my checking account I used in the past to pay them. They will probably just steal the money, thats how horrible they are.


Certified mail is too expensive for debt collectors. They send out thousands of letters a day.
Once a DV is sent all collection efforts must cease until the debt is validated. It collection continues it is a $1000 violation of the FDCPA, however finding an attorney who will accept such a case is near impossible.


lrhall41

Submitted by AnyaR on Tue, 01/12/2010 - 10:22

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Thanks,,

That explains why the guy was so mad when he called. he was literally yelling and screaming at me, and it was all nonsense!

since they did not respond to the debt validation letter, and all collection activity must cease, does that mean that they will just sell off the debt to another collection agency? Or, after they do not validate the debt, is the matter considered settled?


lrhall41

Submitted by on Tue, 01/12/2010 - 11:33

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there is no time limit to respond to a debt validation letter UNLESS state laws say so.

If they do sell off a disputed debt it must be marked as disputed for the next buyer. If the next buyer trys to collect on it, question it. If it is not marked as disputed, sue the person who sold it. If it is marked as disputed, sue the current owner. Sometimes it is better off including everyone in a lawsuit and let each defendant prove their case


lrhall41

Submitted by on Tue, 01/12/2010 - 13:29

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Thanks Irish,

there is no time limit to respond to a debt validation letter UNLESS state laws say so.

I understand. I sent the debt validation letter under Notary Protest, and issued a "certificate of dishonor". all this means is that I went the extra step, took a pro active step, in the letter, it states, " you must respond within 30 days, failure to do so will result in a "certificate of non response". Additionally, in the letter, I put that they are only allowed to notify me by sending all mail to the notary, and objective third party.

This works like a dream. Lays down the ground work for me winning my lawsuit. Additionally, non compliance results in additional damages, since I sight consumer laws that are broken.

Collection agencies are not able to deviate from their typical practice, and they rarely file answer. But if you ever get sued, it laws down the ground work for a counter suit, and helps the case get dismissed.

I got a $50,000 case dismissed because I threatened a lawsuit, ( I know, ballsy) and they attorny dismissed the case. Thats why I would rather go to court, than deal with these scumbags. At least that way, you can negotiate the crap off your credit report, etc..

But when they dont sue, and they just peddle the paper elsewhere, thats more nerve racking.


If they do sell off a disputed debt it must be marked as disputed for the next buyer. If the next buyer trys to collect on it, question it. If it is not marked as disputed, sue the person who sold it. If it is marked as disputed, sue the current owner. Sometimes it is better off including everyone in a lawsuit and let each defendant prove their case

Ok, when you say, "disputed" are you talking about on my credit report? How can you tell this information, (ie, who sold it).

do you have any resources?


lrhall41

Submitted by on Tue, 01/12/2010 - 15:03

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You cannot just sue a debt buyer because you disputed the debt with the previous debt buyer that had that debt. Thats a waste of your time. There is no law that makes such an obligation for one debt buyer to pass on the "disputed" label when they sell a debt to someone else. If that were the case, then anyone who didnt want to pay a debt would simply say "I dispute it" and then no debt collector could touch it. Saying you dispute the debt doesnt make it all of a sudden disappear--many people dispute debts that they know they owe. Declaring that you dispute the debt only means that the debt collector you filed that dispute with must investigate it and report the proof back to you. It is not transferrable to the next debt collector--you must dispute the debt with each new debt collector that calls you on it if its a disputed debt.


lrhall41

Submitted by skydivr7673 on Tue, 01/12/2010 - 18:55

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Quote:

Originally Posted by AnyaR
Certified mail is too expensive for debt collectors. They send out thousands of letters a day.
Once a DV is sent all collection efforts must cease until the debt is validated. It collection continues it is a $1000 violation of the FDCPA, however finding an attorney who will accept such a case is near impossible.


You hardly need an attorney for a simple non validation after request being sent. I have helped several people who sent intent to sue letters with copies of the returned receipt and a copy of the dunning letter. Pretty shut and dry. Only one had to file in small claims and then the agency settled for slightly higher than the $1000


lrhall41

Submitted by SOAPLADY on Sat, 01/16/2010 - 15:02

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