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Dealing with Pentagroup Financial

Date: Mon, 10/10/2011 - 12:43

Submitted by CAnchiraic
on Mon, 10/10/2011 - 12:43

Posts: 5 Credits: [Donate]

Total Replies: 5


Could someone please give me the address of Pentagroup Financial to send them a C & D letter. Every time I called them they are very aggressive and start making threats that I need to have my attorney called them so my attorney can deal with them. Also, they keep on calling my sister and leaving messages stating that me or my attorney need to call them back. Should I include in the C &D letter that they need to stop calling me my sister?


They were required under FDCPA 809(a) to have sent you a formal collection (dunning) notice within 5 days of their initial communication with you. The intent of that section of statute is to address issues such as yours.
In addition to telling you who they are collecting on behalf of and what the amount of the asserted debt is, they must inform you of your right to request debt validation through them, and how to do so. Included in that advisement of how to DV them is inherently a communication address.
Did they ever send you a formal collection (dunning) notice? If not, they are in violation of FDCPA 809(a), to which you can file a complaint with the FTC.

In regard to calling third parties (any party other than you and your spouse are third parties under the statute), any call to a third party, as set forth in FDCPA 804, must be limited SOLELY to an attempt to obtain your current location information. They are strictly prohibited, under sections 804(2) and 805(b), from any statement to a third party that they are calling in regard to a debt, period. Reference to having your attorney call implies that they are calling regarding a legal issue of debt, and is prohibited. Cease communication letters under section 805(c) only apply to calls to you, and not to third parties. Section 804 adequately covers their limits on communications with third parties. So they also appear to be in violation of FDCPA 804(2) and 805(b).

I would not recommend, at this point, that you send them a full cease communication letter under FDCPA 805(c). You can accomplish the same thing and more at this point by sending them a debt validation letter (which of course, requires that you obtain their address, which is a one purpose of requring dunning notice).

Upon receipt of a DV request, that automatically invokes a cease communication bar until such time as they provide the requested debt validation. Sending a full cease communications letter at this time, if you DV, is both redundant, and complicates the matter of their response to your DV letter. If you still want to bar communications with you after they provide debt validation, I would reserve a formal cease communications letter until that time.

Meanwhile, if they call again, I would simply inform them that you are awaiting their formal collection notice, and hang up.


lrhall41

Submitted by Lian on Mon, 10/10/2011 - 18:29

( Posts: 234 | Credits: )


Pentagroup Financial has already sent me a collection letter. Since they first started communication with me they have always left me messages stating that either me or my attorney I need to call them. I think this is a violation of the FDCPA. Now they keep on leaving messages with my sister stating the same thing. Where can I get a sample C&D letter here to send to them? Thanks a lot for the help.


lrhall41

Submitted by CAnchiraic on Tue, 10/11/2011 - 10:37

( Posts: 5 | Credits: )


Just checked our database, and it appears that we have only forwarded written communication to Pentagroup, via fax. If you'd like to fax them a C&D, you may do so by using the following number:

832-615-2397


lrhall41

Submitted by mariemegge on Tue, 10/11/2011 - 11:22

( Posts: 168 | Credits: )