Request for CA to communicate in writing
Date: Wed, 09/07/2011 - 06:52
Have you received anything in writing from this company? If not
Have you received anything in writing from this company? If not, tell them to send you something in writing. If you have, send a debt validation request and explain that you prefer to communicate via postal mail. You can request it. There's no guarantee they'll honor it.
They are more likely to refer it to an attorney than negotiate t
They are more likely to refer it to an attorney than negotiate thru the mail.
northstar is a bottomfeeder
do a search in the bar top right.northstar is a bottomfeeder that loves to throw around the lawsuit threat.send a DV(debt validation)letter.that is if you have an address for them.if you haven't gotten anything from them in writing.do as ohiogal1 advised.demand something and do not speak to them again until you get it.in the meantime use any info you have to file AG,AND FTC complaints against them.just know that this is a bottomfeeder that should be made to prove their right to collect.
Collectors, who on their first call with you, threaten a lawsuit
Collectors, who on their first call with you, threaten a lawsuit are generally not the kind that follow the FDCPA.
If they've not sent you a Dunning letter, they're breaking the law.
What is your current FDCPA status with this debt collector? By
What is your current FDCPA status with this debt collector?
By that, I mean to what level have they complied with their requirements under the FDCPA? Have they, as required under FDCPA 809(a), sent you a proper collection (dunning) notice within 5 days of their initial communication with you, providing you notice of how to request debt validation? Do you have an address for them, and if so, have you sent them a DV letter?
Once you send a DV letter, they are barred under the provisions of FDCPA 809(b) from further communications with you until such time as they provide the requested debt validation. That obviates the need for any type of cease communication letter of any sort from you until they take it upon themselves to provide debt validation. It is an inherent part of the process.
If they are communicating with you without providing you the required dunning notice, I would immediately file a complaint with the FTC, and cc: a copy to them. Yes, an FTC complaint is unlikely to draw intervention from the FTC, but it will provide a record of their illegal activities, and put them on notice that you are aware of their violations.
So, if you have their address, send them a DV letter.
Yes, they have provided a dunning letter and have validated the
Yes, they have provided a dunning letter and have validated the debt. Am I still obligated to conduct all communication, at this point, via the phone? Can I offer to settle the debt via written communication? Thank you.
They validated it by sending me a copy of most of my statements.
They validated it by sending me a copy of most of my statements. If this is not sufficient, or I need to ask for further info., please let me know. I just don't want to deal with them anymore unless it's in writing.
Who owns the account? If they are collecting as a 3rd party age
Who owns the account? If they are collecting as a 3rd party agency, directly for the original creditor, I can pretty well assure you they will not negotiate thru the mail. It is time consuming plus no collector is going to want their inventory clogged up with this type of account. They are more likely to close and return or recommend litigation if they receive this type of request.
I believe that the original question was whether a conditional c
I believe that the original question was whether a conditional cease communication letter could be sent, not whether it should.
It has been a consistent holding in any judicial decision I have come across that statutory restrictions against communication can be waived in part by the party to which they were intended to protect. The FCT has specifically opined that the consumer can authorize, under the cease communications provision of section 805(c), communications that are in writing. It does not have to be an all or nothing cease communications request.
So does this mean that I legally could send a "cease communicati
So does this mean that I legally could send a "cease communications" letter, however, by what Soaplady says, they necessarily don't have the obligation to negotiate with me via the mail?
If you send a cease communication letter under section 605(c), i
If you send a cease communication letter under section 605(c), it is a blanket requirement except for those forms of communicate you specifically authorize in your letter.
Of course, the debt collector has no obligation to conduct any form of communications with you, and can always refuse to put anything in writing. If their policy is not to negotiate in writing, and "in writing" is the only form of communication you offer, that kinda shuts off negotiations....... Is that what you want?
Most agencies will not negotiate in writing....mostly due the cl
Most agencies will not negotiate in writing....mostly due the client requirements. collectors are not permitted to write personalized letters due to legal requirements.
When a "in writing only" came into our office, we immediately closed the account and returned them to the client. If we had employment listed, we immediately sent them to garnishment which for student loans was in house. Credit card accounts, depending on the client were either returned or forwarded to an attornies office, again depending on client guidelines.