Cease contact
Date: Thu, 01/08/2009 - 08:17
They never verified the debt.
They stopped calling but started again today. Next steps?
I would like them to verify the debt and when they do I will work with them in writing as advised by everyone but they do not seem care what I am requesting.
Should I call them?
Did you answer the call?? The are permitted one final attempt u
Did you answer the call?? The are permitted one final attempt under sec.805
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
If you did not answer the call, they have not violated yet. If you answer the call and they immediately start to dunn you for the $$, then the violation has occured. Send them a copy of of your debt verification and cease contact letter, plus a copy of the CM receipt you got back from the post office. Remind them they have violated fdcpa and let them know you will be expecting a $1000 check from them within 10 days.
Left Voicemail
They left a voicemail message on my home number. Does that count as their final attempt?
What did it say? Call them? Is so, that is not dunning. Call
What did it say? Call them? Is so, that is not dunning. Call them and see what they want. Generally a voicemail message for you to contact them is not a complete contact.
It was the typical voicemail: this is Sean Doe - I am calling
It was the typical voicemail:
this is Sean Doe - I am calling to collect a debt, you still have some options available to you - please call me at...
Ok so advice is to call them then remind them that is thier last attempt?
Well right there you have more another violation. For shits a
Well right there you have more another violation.
For shits and giggles, call them. Record them if you can. If they dunn you, simply laugh and hang up. Shouldnt be too stressful!!
When you say "If they dunn you" What do you mean by dunn? Tha
When you say "If they dunn you" What do you mean by dunn?
Thanks for the help!
Dunning = demanding payment. Until they validate, they cannot d
Dunning = demanding payment. Until they validate, they cannot dunn or attempt negoiation.
Is there any reason to resend any of the letters? Either the Cea
Is there any reason to resend any of the letters? Either the Cease or the validation request?