What to do next?

Hi guest


If you had sent the CA a DV letter with in the thirty day period and still they sell it to another agency with out even responding to your validation request then its a violation of fdcpa.

You have done the right thing by not responding to the other CAs call. As goodnelly has said if the previous CA has sold the account to another CA then they are violating the law. You should wait to see if the original CA responds back to your DV request or not.

Thanks for the information.

Also, you can check your RR # online at the USPS site. I recently sent a DV letter CMRRR to palisades.. and hadn't gotten the green card back. I checked the site, and found they had received the letter 3 days after it was mailed. (Had been almost a month before I checked) When I checked my cr's for the month... The palisades claim had magically disappeared. It's definatly worth the search to check if they got it!

Yup eghymay .....i guess CAs are scared of debt validation letters. Thats probably the reason why nine out of ten CAs do not respond to your validation request.Some of the debt collectors are even smarter....they flatly say "WE DO NOT DO VALIDATION" what crap!!!!!

I once got a call from some Mr Steve from Palisades.....he claimed to be an attorney and simply threatened me to put me behind the bars for some stupid debt that i dint even recognize. I demanded for validation and he simply HUNG UP.

Scared.. or simply rational in some cases.

The DV letter that is linked in this site is VERY strongly worded, and with the enclosure, implys that you know every facet of what is going on.

If they are on weak ground, out of sol, etc, that letter pretty much clears up any hope for them that they can trick you. Hence.. it is not worth their manpower time to dig up the validation if you know your rights.

Okay, I checked the usps website and it says that the DV letter has not been signed for and it will be returned to the sender. So, how do I get the DV to them since they refuse to sign for it?

You could try calling them... Do NOT give your name.. SS, or any info.. just ask the first person you talk to what address you can send a check to, that your last one was returned.....
IF its different.. try to CMRRR that address

Folks, this needs to be clarified here. The CA can SELL the debt to someone else. They just cannot take any COLLECTION ACTIVITY on it without replying to yoru validation request. You need to find out if they sold the debt to the new CA, or if they merely hired that CA to collect the debt on their behalf. There is a very important difference between these two things--selling the debt is not collection activity, and therefore is allowed. The law states that the specific CA cannot legally continue to try to collect if they refuse to honor the DV request--that is not binding on any other CA that comes along and buys the debt. HOWEVER, if they still own the debt and they assigned the debt to another CA to collect on their behalf, then that IS collection activity, and it would be illegal in this case.

The next step for you is to find out who this new CA is, find out if they now own the debt or if they are collecting on the other CA's behalf, and then send this new CA a DV request by certified mail, ONLY if they now own the debt. If they dont, and the other CA is trying to get around your DV request by hiring this new collector, then you need to consult an attorney and file suit against the one you requested DV from, for their fdcpa violation(s).

[quote=goodnelly]I once got a call from some Mr Steve from Palisades.....he claimed to be an attorney and simply threatened me to put me behind the bars for some stupid debt that i dint even recognize. I demanded for validation and he simply HUNG UP.[/quote]

Anybody calls here claiming to be a lawyer and pulling that crap, I'll listen to [and record] his spiel. The first thing I'm gonna want to know after he runs outta steam and splutters to a stop is his bar number.

[quote=Guest]Okay, I checked the usps website and it says that the DV letter has not been signed for and it will be returned to the sender. So, how do I get the DV to them since they refuse to sign for it?[/quote]

The last CM/RRR I sent out was listed on the USPS website just that way for a week or so. It takes a while for the pest orifice to update the site. Be patient. In my case, it did eventually update and show delivery info on the site. I got the green card back the following day.

[quote=eqhymay]You could try calling them... Do NOT give your name.. SS, or any info.. just ask the first person you talk to what address you can send a check to, that your last one was returned.....
IF its different.. try to CMRRR that address[/quote]

Ahh.... Social engineering at its best. If you're feeling particularly paranoid [like me, most of the time], make the call from a pay phone or use other reliable means to keep your home/work number from appearing on their phone records. Remember, you're not really paranoid if they are out to get you.

[quote=skydivr7673]The next step for you is to find out who this new CA is, find out if they now own the debt or if they are collecting on the other CA's behalf, and then send this new CA a DV request by certified mail, ONLY if they now own the debt. If they dont, and the other CA is trying to get around your DV request by hiring this new collector, then you need to consult an attorney and file suit against the one you requested DV from, for their fdcpa violation(s).[/quote]

Not to beat a dead horse, but... How best to determine whether the new CA actually bought the debt from the first CA, other than by sending a strongly worded DV letter?

I have dealt with this kind of situation before: Just call the new CA and ask if they are owners of the debt or if they are collecting on behalf of someone else. They already have your information, so just to prove who you are you can confirm the last 4 digits of your SSN. I'm pretty bold when it comes to talking to them..I don't care if they have my phone number or address, if they are under a DV and they use this information to continue to collect or call and harass me..more power to them...more money for me as I will not hesitate to sue em. :)

wulf--the easiest way to accomplish this is to see where this new CA wants you to send payments. Of course, that works easier if they sent you a letter, but this is not foolproof, as many CA's will collect money and then forward it to the creditor, if they dont own the debt. But in some cases, such as RJM and Island national, they are famous for directing that you send payment to the actual name and address of the current owner.

Other than that, the next way is to do what golden said--find out from the CA if they own the debt or not. If it takes a strongly worded letter, that really is no problem, since you will be writing strongly worded letters anyways if the old CA still owns it, lol.

Blow the dust off the old [most recent] letter, change the CA name and address, and go from there. Works for me.