I have to call Allied Interstate and I'm scared!
Date: Thu, 06/12/2008 - 11:07
What state do you live in? When was the last time you made a pa
What state do you live in?
When was the last time you made a payment?
I live in California, and I think the last time I made a payment
I live in California, and I think the last time I made a payment (to Verizon, not AI, I have never paid AI) was about 2 or 3 years ago.
Stop what you are doing now
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DV's and C&D's are mutually exclusive. You can't ask them to va
DV's and C&D's are mutually exclusive. You can't ask them to validate the debt and to cease communication at the same time.
USPS is communication, and that is still allowed, eh?
USPS is communication, and that is still allowed, eh?
If you are referring to a "limited cease & desist", there is no
If you are referring to a "limited cease & desist", there is no provision or case law to back that up.
OK, no provision or case law to back that up? So, there is
OK, no provision or case law to back that up?
So, there is nothing that says you CAN'T put a limited C&D and debt validation request on the same letter? I clearly state in my letters they are to communicate only directly with my via USPS mail, or, if they receive written authorization from me, a third party such as an attorney.
Can you clarify that? I'm a little curious, as I have sent many letters out like that and I have received about two responses back to my Validation request by mail. I have even sued a CA for violating the C&D request and the attorney that took my case didn't bat an eye at the way the letter was worded.
There's nothing that says you can't put that in a letter. There
There's nothing that says you can't put that in a letter. There's also nothing in the fdcpa or any court rulings that have definatively decided that a CA(JDB) have to abide by a "limited C&D". Personal experience is it is either ignored or taken as a full cease comm. LVNV, for one, will cease ALL verbal and written communication if they receive a "limited C&D".
I'm sorry, LVNV might not be a good example to cite in regards t
I'm sorry, LVNV might not be a good example to cite in regards to proper interpretation of/adherence to the fdcpa.
Correct me if I'm wrong; however, wasn't LVNV the CA that had a multi-million judgment handed down against them for violations of the FDCPA? I might be confused, but I think I remember reading it somewhere.
Not that I'm aware of. LVNV's violations are more on the FCRA s
Not that I'm aware of. LVNV's violations are more on the FCRA side. Since LVNV subs out collections to it's numerous octopus CA's, it is very rare to see any dunning letters from LVNV but all reporting is done under LVNV.
I know the debt is valid. I will write a C&D letter if they don
I know the debt is valid. I will write a C&D letter if they don't stop contacting me after they are dealt with by the money management company. But the money management company just needs me to call them to verify the current balance. I just want some advice about calling them. What if they don't want to give me a balance without hassling me? Should I just get a balance and then hang up right away?
nascardevil,just a question did you come from CIC or another boa
nascardevil,just a question did you come from CIC or another board.You have solid advice and I am reminded of a few different boards besides this one.
CIC is another forum for credit/debt discussion.Since I am not a
CIC is another forum for credit/debt discussion.Since I am not allowed to mention other sites directly by link,I would tell you to use a google search to find them.
Just call, tell them you are using a third party and just need t
Just call, tell them you are using a third party and just need the balance. Be firm and just insist on getting the balance. If they refuse to give it to you, hang up. If the management company is local, call them from their office. But, they should give you the balance, because they want the money.
Rarely. CAs are usually under contract. Some of them rotate
Rarely.
CAs are usually under contract. Some of them rotate CAs every 6 months, so when it comes to the end of the 6 month period, it is sent back to the OC, who will then send it to another CA. You can sometimes tell when it is going to be set back because the CA will escalate collection efforts, including lawsuits.
But it's usually a hat toss.