National attorney collection services
Date: Thu, 06/16/2011 - 13:37
I had to cancel my debit card to have the payment stopped before it overdrew my account. Now they are threatening to sue me. What can I do considering they won't give me a mailing address to send a money order. i refuse to use another debit card or use my checking account.
The very name of this company implies that their communications
The very name of this company implies that their communications are from an attorney. Unless any communication is actually from an attorney, the implication of such is a clear violation of FDCPA 807(3).
So I am already a bit edgy about their practices.
They were required, under FDCPA 809(b), to have sent you a formal debt collection (dunning) notice within 5-days of any initial communication with you. In that letter, they are required to notify you of your right to contact them in writing of your debt verification rights. Without providing you notice of their mailing address, they were not in compliance with their obligation to notify you how to pursue your debt verification rights.
I would tell them that, in order to exercise your statutory rights under FDCPA 809(b) to request verification of the debt, they must provide you with a mailing address. If they again fail to do so, then I would tell them that you regard this communication with them to be a formal request for debt validation under FDCPA 809(b), and that any further communication with you is barred under section 809(b) until such time as they have sent you written debt validation.
