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Do I Have Grounds for Legal Action?

Date: Thu, 11/20/2008 - 09:06

Submitted by SusieQ
on Thu, 11/20/2008 - 09:06

Posts: 302 Credits: [Donate]

Total Replies: 7


A bottom-of-the-barrel collection agency has sent a collection letter with the amount I owe, etc., to an address I have not lived at for over 30 years, and it was inadvertently opened by the people who live there, who now have an inkling of my financial situation when it is none of their business. I have already made a complaint with the BBB, but is further action a reasonable step? These poor people have also received numerous phonecalls and harassment, even though this COLLECTOR HAS MY CURRENT HOME PHONE NUMBER AND ADDRESS and has been communicating with me there!!!


i would send them a complete C&D letter.send it ceritfied mail return receipt.when you receive the green receipt and they still call,then you can sue them.


lrhall41

Submitted by paulmergel on Thu, 11/20/2008 - 09:15

( Posts: 15514 | Credits: )


I know about C&D letters, I've used them before. The phonecalls are an annoyance, but that's not what has me hopping mad. It's the fact they actually mailed my debt information to a third party, without confirming who actually lived there. I thought that was a serious against-the-law thing. I guess I'm just at a point where I really, really hate collectors and want to take a few down. lol.


lrhall41

Submitted by SusieQ on Thu, 11/20/2008 - 09:43

( Posts: 302 | Credits: )


Actually, NASCAR_Devil, I had an attorney tell me the other day that to sue under the Florida Fair Consumer Collection Practices Act, as opposed to the Fair Debt Collection Practices Act, it is $1,000 per violation. We plan to go after a CA that I sued last year as well as a new one that racked up repeated violations of the FCCPA.

I know not all states have the same law Florida has; however, there is almost always an exception to every rule, so it is best to consult with an attorney in your state to find out exactly what recourse you have.

The most important thing, though, is to stand up for your rights. Whether it's $1,000 per violation or only $1,000 per action, it's important to hold CA's accountable for violating the fdcpa. Even if you don't sue the CA, it's important to file complaints with the FTC and your state's Attorney General's office.


lrhall41

Submitted by FloridaRon on Thu, 11/20/2008 - 11:56

( Posts: 1190 | Credits: )


The last name on the envelope matched theirs. They are elderly, and didn't think to scrutinize the outside first, they assumed any mail they got delivered to their address was theirs. (I have done the same thing. Opened a neighbor's electric bill by mistake, because it was delivered to me and I hadn't taken the time to read the outside of the envelope). At first they thought, when they opened it, that someone was trying to con them out of paying someone else's debt, then they realized it was my debt, and it was from the same company that has called them several times. They have since demanded to be left alone, and I haven't spoken to them in the last five days so don't know if they have gotten more calls or not. But I get several a day at my own home phone, and have spoken to these collectors enough that they have no reason to be calling or mailing a third party about my whereabouts other than for pure harassment. I requested a couple of days ago that they stop, and they play dumb. But we have the mailings as proof.


lrhall41

Submitted by SusieQ on Thu, 11/20/2008 - 12:05

( Posts: 302 | Credits: )