Collector Says they will be "signing off on a decision&

ok,saxwoman, this is nowhere near as bad as you think it is.

First, send that validation request out NOW, ASAP, by certified mail, return receipt requested. They CANNOT legally sue you in response to a DV request--they must first provide validation of the debt.

Also, sending them a DV request has another advantage--it stops the harassing crap they like to pull until they provide validation.

Secondly, you are correct--they cannot try to force you to act within that 30 day time frame or cut i9t short by demanding that "if you dont do this, we will have no choice but to do this". They cannot interfere with the 30 days that you are allowed by federal law. Send out the DV request, and keep the receipt card that the USPS will send you back once they sign for it.

Another thing I would recommend is this--call the original creditor. Tell them what the collection agency they hired is doing. Let them know that the CA is about to get a lawsuit thrown at them for violating federal law repeatedly. Many original creditors will not want to keep the account with a collector that acts illegally like this. you might just find that they pull the account back from the CA--especially since you only missed two payments, apparently made up those payments, and the OC just accepted a payment from you like nothing had happened. Give it a shot, maybe they will work with you when you tell them that you have no desire to work with a collection agency thats breaking federal law. Tell them that you are making visible effort to get things caught up and keep them there, and they might go for it.

This is just a tactic designed to scare you--the only thing they can do is RECOMMEND something to the original creditor. Think about it--the OC still owns the account....and this is like any other ownership. If you own a car, can I sell it out from under you without your permission and involvement? No, I cannot. In the same way, they cannot take legal action against you when they dont even own the debt. This is a collection agency--and the original creditor, being the owner of this debt, has to make the decision on what action to take, including legal action. The "decision" tactic is ridiculous at best, and especially since he said "if you dont call me within 30 minutes, I will sign off on this decision". 30 minutes? That is simply not realistic to expect you to handle the issue within 30 minutes. We all have lives, jobs, families, and arent available for some law-breaking collector to be at his beckon call.

Lemme add this on the mail:

When you send something like this, as Skydivr has told you, send it certified mail, return receipt requested. Costs about five bucks. You'll get the little green postcard back as proof, keep that safe, you may need it. Now, once you've mailed it [ie... handed it to the postal clerk and paid the five bucks], it gets entered into the Post Office computer system. You can then track its progress via the Post Office website [usps.com], or sign up to have them email that information to you. This way, you'll know when it gets signed for, even though the card may take a few days longer to come back to you. Might ease your stress somewhat, to know sooner.


I wish you the very best -

Wulf

what laws have they actually broken so far? can anyone sort of break it down for me? I did call the OC themselves and let them know what was going on. They said it was "out of their hands" at this point but would note the account that I am willing to pay and experiencing difficulties with the collection agency.

Three I have spotted so far:
1. When you referred to a screaming match, if they have treated you oppressively in any manner such as using foul language, etc. that would be an 1.

2. Overshadowing, they are trying to pressure you into acting before you can request validation.

3. When they said that they would be "signing off on their decision" this would sound like threat of a lawsuit to the least sophisticated consumer (which is what the FDCPA was written to protect) they are not a lawfirm and the decision to file suit would be with the original creditor, if this is accurate then they would not have the ability to file suit, yet they made the veiled threat, which is another violation of the FDCPA

rannefeld is a law firm which means they do have the ability to file suit

Quote:

What state are you in saxwoman? If Rannefeld & Associates is not licensed to practice law in your state and they sue you under that law firm, that is a violation. Also the guy who told you on the phone that he will sign off, if he is not an attorney, that is a violation.

Ken Chandler is not an attorney from what I have seen.

Go to budhibbs. com and type in there name...he has some good info on them.

Removed!!