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Request for CA to communicate in writing

Date: Wed, 09/07/2011 - 06:52

Submitted by Rozo
on Wed, 09/07/2011 - 06:52

Posts: 70 Credits: [Donate]

Total Replies: 13


I've recently dealt with Northstar Location Services and the man was rather rude and didn't want to take the time to negotiate a settlement. Instead, he said that he would contact attorneys so they can proceed with a lawsuit. I don't like speaking to these people over the phone. Is there any way I can request that they communicate only by email or regular mail?


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.


lrhall41

Submitted by paulmergel on Wed, 09/07/2011 - 07:12

( Posts: 15514 | Credits: )


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.


lrhall41

Submitted by Lian on Thu, 09/08/2011 - 03:43

( Posts: 234 | Credits: )


you say they validated.how did they validate?if it was just a statement that was typed on blank paper?please elaborate on how they validated as again a complete bottomfeeder.


lrhall41

Submitted by paulmergel on Thu, 09/08/2011 - 08:35

( Posts: 15514 | Credits: )


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.


lrhall41

Submitted by SOAPLADY on Sun, 09/11/2011 - 16:41

( Posts: 17315 | Credits: )


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.


lrhall41

Submitted by Lian on Tue, 09/13/2011 - 07:49

( Posts: 234 | Credits: )


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?


lrhall41

Submitted by Lian on Thu, 09/15/2011 - 20:07

( Posts: 234 | Credits: )


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.


lrhall41

Submitted by SOAPLADY on Thu, 09/15/2011 - 21:10

( Posts: 17315 | Credits: )