logo

Debtconsolidationcare.com - the USA consumer forum

ARM of Florida

Date: Wed, 04/29/2009 - 21:40

Submitted by bastoops
on Wed, 04/29/2009 - 21:40

Posts: 353 Credits: [Donate]

Total Replies: 2


so around jan of 09 i sent them a c&d letter in regards to paychecktoday and cash advance network. they responded through mail that my acct will remain in a c&d status. so today at work i get a call from a lady at arm of florida. the first thing i ask is you know you have a c&d on file. she said yes but that is for paychecktoday, she said i'm calling about cashadvance network. she said since its a diffrent account the c&d doesnt apply. i told her my work number records all incomming and outgoing calls, shortly after that she told me to call her on my lunch break, yeah right. so i am sending another c&d letter tomorow through certified mail. i would think this is a violation of fdcpa. i know she is saying its a diffrent account but in my 1st c&d i put not to contact me about either company. how should i go about handling this.


Actually, the C&D letter is for the company itself. ARM just violated the FDCPA. It is good your work records calls. If they call again, tell them that they are violating the FDCPA and you could sue them for $1000 statutory damages, plus possible court costs and attorney fees. Reference: 15 USC 1692c(c). They can only contact you again for 3 reasons:
1) to inform you that their collection efforts have ceased.
2) to notify you that they or the original creditor is planning to sue you or seek other legal remedies which are normally invoked by creditors
3) to notify you that they or the original creditor will sue you or seek other legal remedies which are normally invoked by creditors.


lrhall41

Submitted by Chrys Henderson on Thu, 04/30/2009 - 02:45

( Posts: 2538 | Credits: )


thanks. i knew somthing was fishy about it. i mean she even acknowledged that they have a cease and desist on file. i even have it in writing. the thing that realy got me is she started asking me about my refrences and asking if i'm still in contact with them. i know she's just trying to scare me into calling back. i'm going to resend my c&d letter today. and i guess i'll see if i can file a complaint with the fdcpa.


lrhall41

Submitted by bastoops on Thu, 04/30/2009 - 07:23

( Posts: 353 | Credits: )