Collection Agency problems

Welcome to the Community :D What company are you dealin with? Many CA have attorneys on staff, or they hire Attorney/collectors. I would DV both of them-keep copies and send it certified, return receipt..KAren

All collection activity is supposed to cease during the DV period until you have been issued proof of the validation of debt....this includes being contacted by any attorney on their behalf to collect the debt,.

LVNV pulled this crap on me..I sent a DV and out popped the lawyer. I informed the lawyer that LVNV just violated and if they are to collect on their behalf then they must abide by the original DV. Didn't hear anything until just a few days ago when the lawfirm sent yet another letter, this time graciously offering me a 40% discount. I am going to slam them in court.

Anyhow, don't let it intimidate you. Since the lawyer is collecting on behalf of the other, inform them that the account is under dispute and requires validation, either by them or their client and that said CA violated the law. Also inform them that you won't be expecting another communication from them unless it is proper validation. I would also send a new letter to the CA informing them that having a third party attempt collection is in direct violation and you have yet to see any sort of validation. Go for the throat.

goldenblast, be sure to slam them with state law as well. In Texas, all violations are criminal acts as well.

Goldenblast- you are right- LVNV did this with me too, and are well know for this.

I started telling them of all the violations they had broken in a letter I sent and about all the harrassment,etc.,--they left me alone and passed it. Also informed them(the current ones) they have not validated the first request, and have continued to try to collect, we'll see what happens!!

This company, in particular, runs when you know your rights. I had them tell me once that they knew I was "debt educated" and where I was getting my info from-apparantly they visit here!! I told them it was about Time I was educated!!..KAren :D

Ohh yes, I am slamming them with JUST state law. Texas law is so clear I have them by the short hairs. I am going to send one more letter pointing out the latest violation and reminding them that by law they had 30 days to either validate or delete, and that the 60 day notice required by Texas is also up. Going to word it that they are forcing my hand by continuously violating my rights and ignoring my validation demands. Figure a judge will like the fact that I tried one last ditch effort to get the validation I am allowed. :) I will be filing suit mid January, I will be sure to make a post detailing the whole thing.

Let me know what happens--best of luck==go get 'em..KAren

Just wondering if there is a letter that I can send to the credit bureau's cuz supposedly they verified the debt and to the attorney .

I do appreciate any help..... Tired and frustrated with these people :evil:

You can request from the bureaus the method of verification, who they talked to and how they verified it...hmm..actually the fact that the company verified it to the CRA and still has not validated to you is in fact another violation. Keep a well documented paper trail.

golden did you report to the FTC as well?

No..honestly I didn't think I could report. I thought you report to the FTC when they harass and such, they arn't harassing me..they are almost totally ignoring me. :)

I'm not trying to jump down anyones throat but its Golden Bast. Bast is a Egyptian goddess.

Regardless of the name.....

I love it when somebody slams an underhanded collector. Just plain warms the cockles of my heart [whatever those are...]

Well uncle wulf, that would be the depths of ones emotions or feelings (cockles)

golden about FTC perhaps I am wrong but I was under the impression that you can file a complaint with FTC about any wrongdoings from any company..doesn't have to be harassment or fraud..granted.. this may not accomplish much but the more complaints they receive and have noted.. might prompt them to keep an eye on certain companies.

Cool! Thanks for 'splainin' it to me.

When the FTC gets enough complaints about illegal/quasi-legal business activities it generally prompts an investigation.

Also, to unclewulf; no prob! :)

Even if you don't think it will do any good, I would make sure to file the appropriate complaints about illegal CA's with the appropriate authorities! As JCEMT pointed out, it would probably take several complaints about one particular company before the FTC, or your state's attorney general's office, starts to take notice. So if we want to start reigning in these shady CA's that blatantly violate the fdcpa, then we need to take it upon ourselves to file complaints. I think there is a saying about "The Squeaky Wheel Getting Oiled". That is definitely appropriate in this case.

That's one of the advantages to living in a smaller or less-populous state. Four or five complaints is statistically a lot more significant here in Vermont [pop 500,000] than it would be in, say, New York or California.

Another thought on filing complaints... Don't do it while you're mad. Do something else to cool down first. Think about what you want to say. Organize your thoughts, and your writing logically, and keep it brief. Give all the detail you need to, but remember that you ain't writing War and Peace, OK? Watch your spelling and grammar, too. Somebody in a government office is gonna have to read what you wrote. You'll get further if you present yourself as a reasonable, and reasonably-educated, person than if you just go off on a rant.

Yes, you want to be to the point; however, you also want to give an example, or two, of the CA's offensive and illegal behavior. Don't just write "CA so-and-so harassed me." You want to say "CA so-and-so harassed me by causing my phone to ring 100 times in a day, after I sent a debt validation and cease and desist letter." And make sure you keep copies of any backup you might have: signed return receipt, copy of letter sent, phone message recordings, telephone call recordings, pictures of your caller ID with CA's phone number showing, copies of phone records showing the incoming phone calls and dates (if you have a phone service that provides this), etc. Also, keep a legal pad handy and write down the dates of any phone conversations you might have with CA's, name of person you spoke to, what was discussed, and any offensive/illegal comments made. If the CA's are calling a third party (work/family members) and divulging your personal information, then try getting written statements from them also.

I think you get the point.

All this evidence might also come in handy if you decide to sue the offending CA for violating the fdcpa.

My thoughts are, if it seems relevant, then save it. It's better to have it and not need it, than need it and don't have it.

[quote=UnemployedRon]It's better to have it and not need it, than need it and don't have it.[/quote]


And this, kiddies, is Wisdom 101.