Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

No contact letter question

Date: Fri, 01/13/2006 - 11:46

Submitted by CycloneFan
on Fri, 01/13/2006 - 11:46

Posts: 1155 Credits: [Donate]

Total Replies: 7


I have a question and I hope someone here can help me. We had payday loans with OneClickCash that are now being collected through Pinion Management. I sent them the following letter:

To Whom It May Concern:

This letter is being sent to you in response to the telephone message left from “XXXX” regarding my account on XXXXXX X, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment or to my references. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. You have my permission to discuss this information with my consolidation company.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

[size=3][/size]Well after they recieved it the "guy" that has our accounts called me at work and told me that since they aren't a 3rd party collector they don't have to honor the letter? Is that correct? I read the website on the Fair Debt Collections Act and I think he's wrong but I'm not sure. Also I asked them to send me a statement/debt validation the first time I talked to him but he told me he didn't have to send me anything. Can someone help me out on this?


Sue,

Has a payment been made to oneclickcash through T & C? I don't believe they can turn you over to a third party collection agency after payment has been made. Contact the Federal Trade Commission and make a formal complaint. I have the phone number if you need it. Also, file a complaint with the consumer protection office in your state as well as Nevada. I believe that is where oneclickcash is located. I believe they do have to honor the letter whether they are a third party collection agency or not. It seems like they are just trying to give you the run around and force you to pay. Also, find out if oneclick clash is licensed to do business in your state. The first call I would make is to the FTC. Also, check with the FTC to see if this CA is licensed to collect in your state.


lrhall41

Submitted by Cow & Chicken on Fri, 01/13/2006 - 12:53

( Posts: 3571 | Credits: )


All debt collection agencies are legally supposed to honor the debt validation request made by the consumer. Creditors are not fully bounded to follow it because they can provide an itemized statement of the account. If the refusal would have been from OneClickCash, it is still understandable. But Pinion does not have the legal rights to refuse debt validation details requested by the consumer.

How will you know which collector is authorized to collect the debt from you on behalf of the original creditor??? Debt validation letter is legally designed for this specific purpose only.

Through this letter, you will come to know the exact account details on which a particular collection agency is working. It might happen that there are some other creditors as well with whom you have different accounts. If the collection agency does not send you any details about the account, how will you realize on which credit account you will have to pay?? Think about it.

Don't get intimidated by the collectors. They will try to divert your thoughts. Did you send this letter through certified mail with return receipt requested? You must be having a green slip mentioning the date on which they received your letter. After receiving your letter, all fingers point to their direction and they have to submit the account details in writing. If they don't do, get some legal help.

You have the legal rights to record the intimidating calls of the collection agencies if it's permissible in your state. You don't have to inform the other party that you are recording the call.

If the call recording is not permissible in your state, you have the statutes that you can record the calls only after informing the caller about the call being recorded for legal actions. If he continues with the conversation after hearing your message, he has given his consent to record the call. Make sure that your recording proves that you asked for permission from the other party.


lrhall41

Submitted by david on Fri, 01/13/2006 - 12:58

( Posts: 1229 | Credits: )


msmishele30

There is specific letter that can be used legally to know the account details from your creditors. The original creditor should send the monthly statement or the account information whenever requested.

Some companies send a monthly or a periodical statement showing the account details. If you make a request additional to it, there might be some charges for it but you are sure to get the required information.


lrhall41

Submitted by john on Mon, 01/16/2006 - 13:06

( Posts: 1231 | Credits: )


Does anyone have the address to this payday lender? They have refused to give it to me.


lrhall41

Submitted by on Sat, 06/17/2006 - 10:48

( Posts: | Credits: )