National Credit Adjusters
Date: Thu, 05/15/2008 - 05:45
Thanks
Reba
I've dealt with them as well over a year ago...I sent them a DV
I've dealt with them as well over a year ago...I sent them a DV and didnt hear anything from them....Do not be suprised if you dont hear a word from them....They are nasty people....
I would wait an additional week. Then send out a second DV requ
I would wait an additional week. Then send out a second DV request. In the second DV request:
-Make sure you state that this is the second request
-Enclose a copy of your original letter and a copy of the certified return receipt from letter #1.
-On the second request, give them 15 days to reply.
If you still receive no reply, then you submit a request to all three credit bureaus to remove the listing from your credit report. Provide copies of all letters you sent to the CA, as well as copies of the signed certified return receipt.
This is what my second letter generally looks like:
Your name
Your Address
Date
CA Name
CA Address
MAILED VIA CERTIFIED RETURN RECEIPT
Article Number #
RE: Account #
Dear Sir/Madam,
I had sent you a request to validate my debt, account no __________ on ______________. A copy of my request as well as a copy of return receipt is enclosed for your convenience.
According to the Fair Debt Collections Practices Act (fdcpa), I have the right to claim a validation of the debt and you are obliged to provide me the relevant documentation. I have received no reply from you except the confirmation of receipt of letter on _______________.
You are now in violation of the FDCPA and subject to a fine of $1,000, which I may collect by filing a claim. I intend to continue with the suit if I don????????t hear back from you within the coming 15 days after you receive this letter.
This might result in a bad mark on your reputation. This might even result in serious legal trouble with the FTC and other state and federal agencies.
At this time, I would like to remind you that no telephone contact be made by your offices to my home, my place of employment, or any other contact number you may have on file for me. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
Sincerely,
Your Name
ENC.
guest, that is not correct. If you send them a DV letter they a
guest, that is not correct. If you send them a DV letter they are not obligated by the law to ever respond. They DO, however, have to respond before they can ever continue collection efforts against you on that debt. If they never reply to you and you never hear from them again, no law has been broken. Also, in your letter, you state that harassment complaints may result if they continue to call you or contact a third party about you in this matter. Harassment isnt the complaint that would be filed--FDCPA violations would be. If they call a third party for ANY reason, after they have located contact info for you, thats a violation of fdcpa, and if they continue to call after receiving your cease and desist statement, thats also an FDCPA issue. This is important because these CA's know the law, folks--they usually just dont care about following it. If you send them this letter, they will not take you seriously one bit because this does not show that you have the correct knowledge of the law. Show them that you know the FDCPA and how it applies, and THEN you will have leverage on them. Show them this, and it will likely end up in a trash can three minutes after they open it.
Reba--the key is this--I think there is only one state that puts a time limit on how long they have to respond to a DV letter. Texas gives them 30 days from the date they sign for your DV request letter to provide you with that validation. If they dont do it within that time, then you can dispute it with the credit bureaus and have it removed from your credit reports. But the other states do not have this time limit, and neither does the federal law. They can simply never contact you again and they would still be within the law. Now, if they try to collect again, without validating the debt, then you have a case. But in order for that to be true you had to have sent that DV letter out by certified mail, so you can prove that you sent it and they got it.
If you didnt send it out certified mail return receipt requested, I would give it another couple weeks at the most, and then send one out certified mail, exactly like the first letter you sent. Then, keep the little green signature card you get back, as well as a copy of the letter you sent them. Then, if they call you looking for payment, or send payment demand letters to you, youve got them in a violation.
Thanks skydivr7673-I did send it out certified with return recei
Thanks skydivr7673-I did send it out certified with return receipt. So I quess its just wait and see thing. Thanks for all the answers
Reba