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Back in 2009 I received a letter from a collection

Date: Tue, 03/29/2011 - 15:41

Submitted by rochet5661
on Tue, 03/29/2011 - 15:41

Posts: 3 Credits: [Donate]

Total Replies: 5


Back in 2009 I received a letter from a collection agency for an overdue credit card debt. At the time, I didn't have the money to pay, so I sent them a debt validation letter and never heard from them again. Then, in 2010, wanting to get this off of my credit report, I contacted them and told them I wanted to settle this matter. They had me send them a letter stating I wanted to resolve this matter, I would like to remove the cease and desist order, and I would like to have good communication with them. After sending this, I heard nothing from them, so I contacted them again, at which time, I was told that they needed me to send them a letter stating I do not dispute the debt. At that point, I told them I am disputing the amount of the debt, as there was a load of interest attached to it, and I would not send them a letter saying I'm not disputing the debt. The next thing I know I get another debt collection letter from them and the amount is higher. So, I wrote them back and said since they were not willing to work with me regarding this debt as they said they would and are asking for a lot more money, I was re-instating my original debt validation letter. I continue to get collection letters from them, and they are continuing to report this on my credit report. Is there anything I can do at this point, or have I ruined it all by trying to settle this debt with them? All communication on my end was sent certified mail return receipt requested, so I have proof of all I have done. Thanks in advance.


A bit of a mess, but I will give it a shot.
Apparently, you DVd them, which required them to cease collection of the debt under FDCPA 809(b). When you called them, your DV request was still pending, so they rightfully asked that you withdraw your disptue of the debt/DV request before they could conduct collection activities. You declined. Everything seems by the book on their part up to this point.
Then, they apparently, with no rescission of your DV request, and with no debt validation, began furthe collection activiites. On the face, this would be a blatant violation of FDCPA 809(b). However, they are apparently relying upon something that was said as a withdrawal of your DV request. The issue would then be one of what was said and done between the two of you, and was that sufficient grounds for them to reinstitute collection of the debt. Your post was kinda confusing as to the status of your DV request, particularly when you said you would reinstitue it, implying it had been rescinded. Very confusing.
I simply dont know the full facts.


lrhall41

Submitted by Lian on Wed, 03/30/2011 - 01:41

( Posts: 234 | Credits: )


As the collection agency has send you a letter, you should ask them to validate the debt. If they are able to validate the debt, then you'll have to negotiate with them for a settlement and pay them. If you are unable to negotiate with them on your own, you can take help of a debt relief company for the same. The debt relief company will negotiate with your collection agency and help you get a payment plan by which it'll become easier for you to pay off the loan.


lrhall41

Submitted by Anna Sweeting on Wed, 03/30/2011 - 02:38

( Posts: 1827 | Credits: )


To the OP....it is my opinion you should have sent a brand new cease and desist making your intentions clear. You recinded the first one...you cannot expect them to turn a cease and desist order on and off like a light switch. You are also not being realistic...you stopped paying and you are disputing a higher balance? Your interest continued to accrue...of course your balance is going to be higher. Quite frankly if I was the creditor, I would be suing you quickly, especially when you have already indicated to them you have money to settle with them.

Anna....the OP is not disputing the debt but the amount and has already tried to negotiate a settlement. Why on earth would they want to pay for a debt management program?


lrhall41

Submitted by SOAPLADY on Wed, 03/30/2011 - 03:31

( Posts: 17315 | Credits: )


I appreciate anyone that has answered and look forward to your responses. I'm sorry if my first post was confusing, let me see if I can make it clearer.

When I contacted the debt collector--MCM-- after sending the first DV, it was with the intention of coming to a mutually satisfying amount for the both of us so this could be taken care of, there was no talk of any money at this time. They asked that I fax them a letter stating I wanted to recind the DV letter and wanted good communication with them. After doing this, I did not hear from them, so I called and asked where we stood, since I had sent them what they had requested. They then stated that they needed another fax stating that I do not dispute the debt. I was not comfortable putting such language in writing, since it would be stating that I DO NOT dispute this debt at all, no matter what the amount is/was, and they could now demand I pay the amount in full, or any amount with no negotiating, they hung up on me. I then faxed them a letter and told them it was my understanding we were going to negotiate an amount mutual to both of us, and since they were not willing to do so, I offered them $1,200, and told them that was all I could afford. At the time the debt was originally incurred, I was working 3 jobs. Having been laid off from 2 of my jobs has caused a financial hardship on me and my family, and that is why I could no longer pay this bill. It was more important to keep my home and not allow that to go into foreclosure. They then sent me a letter demanding $3,500--the original debt at the time it was sold to the debt collector was $2,200, with interest accruing it grew to $3,500. They said they did not buy this debt, but was a negotiator for the credit card company. I contacted the credit card company to see if I could settle with them, and they told me the debt was written off, there was nothing they could do as it is out of their hands. After realizing that the debt collector was not willing to negotiate this amount, I had no choice but to fax and send certified mail return receipt requested a new DV letter, asking them to verify this debt. Since they have received the 2nd DV letter, I have gotten phone calls and letters demanding this debt be paid in full.

My question is, since I sent a 2nd DV letter, a brand new letter, after trying to negotiate with them, and they have not validated this debt, are they in violation of the FDCPA. I think the miscommunication was my saying I re-instated the 1st DV letter. I didn't re-instate the DV letter, I sent them a brand new DV letter stating that since they have refused a good faith effort to try and settle this matter, I have no choice but to ask them to validate this debt. They are ignoring the 2nd letter and continue to send me letters demanding payment. If they are in violation, what recourse do I have?

Thank you all so much for your wisdom.


lrhall41

Submitted by rochet5661 on Tue, 04/19/2011 - 12:06

( Posts: 3 | Credits: )