FDCPA question

I hope i understand what you are saying. did you request validation? if so do nothing. They can't do anything till it is validated.

Did they make the offer first? Exactly how was it made? If I were you, I would wait it out to see if they validate the debt, there can be no collection activity or reporting to credt agencies until the debt is validated.

Sounds like your willing to take the settlement? if thats the case then you are admitting to ownership of the debt, and make no mistake - VOLUNTARY PAYMENTS ARE TANTAMOUNT TO ADMISSION OF OWNERSHIP.

that said, if its a good deal, take it. even if they cant validate the debt it might just end up with another firm at some point. take care of it now.

see if a collection agency has recently rcvd the debt, during the first few days, they sendyou a letter informing you abt the debt... the first 30 days aftr you rcve the letter, that period is called the validation period....that is the time you get to dispute the debt... even if you dont respond to them in the first month of you rcving the letter, they have full rights to keep calling you and try to collect on the debt... so if the settlement is good, you should accept it, because you might not get it later on... but the onething you should do is atleast call and let them know your intentions... that'sthe least you can do...

If the collection company as not sent you a validation letter and they sent a settlement letter. Send them a second letter firmly telling them that the letter they sent in reply to your valdiation letter is not proper. Remind them you are demanding a validation letter NOT a verfication letter. There is a BIG difference. I hope you sent the first letter certified mail, if not they will lie and say they never got it. ALL letter MUSt be sent certified mail. If you did not send them another letter for validation immediately. In that letter request they ONLY contact you via us mail and not to contact you or anyother peron you know by phone or mail. Also if the collection agency is listed on your credit report dispute the debt with them as well. The law says if you dispute a debt a debt they must note it on your credit report as disputed.

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NASCAR Devil Under the FDCPA 1692 the collection agency MUST honor that request or you can sue for damages if you can prove your empolyer doesn't allow this. NO employer will alow this. And they may have no reason to contact a 3rd party but they will.

It has been around 6 weeks since I sent the validation letter. They have not responded. It appears that neither the owner (not the OC) or their flunky collection agency has put anything on my CR. I was wondering if I sent them a settlement offer, would they be in a position (being that it is during my validation period which they have not responded 2) to accept my settlement offer? Would they be able to offer a counter offer on my offer during this time or would it be considered trying to collect even tho I was the one who originally tried to settle during the validation period? I figured it is possible if they can't validate and they are legally able to collect this debt, that they would be in a situation to collect 20% with my settlement offer or nothing if they can't validate.

if they don'trespond.they can't validate.i would try to contact the OC first.if a CA or JDB can't validate you are taking a chance.they might not be able to collect.

The post I responded to didn't say anything about calls to your employer. Go back and read section 805. It does not state anything about limiting contact to USPS only. It's a full cease com or nothing.

NASCAR Devil, you want to give the collection agency a way to contact you otherwise they will consider it a out right refusal to pay. That can open you up for lawsuits easier, if they feel they have no means to communicate with you. The law says nothing about USPS, but you should give them that option. Its not a full cease or nothing.

Actually it is. A "limited C&D" has been talked about on this and other forums for years. Very simply, there is no case law or provision in the FDCPA for limiting contact to mail only. In fact, many CA's and JDB's will consider any limitation as a full cease comm. So it can be ignored completely or taken as a full cease comm. Again, read section 805 and show me where there's an option for anything other than a full cease comm.

The law has strict and outright laws against contact by telephone. You will find that most if not all companies will follow the law and send decide to send you mail. Soem of the things you ask of a collection company has to be thought out as if you might go to court. USPS is a way out, and I mean that by giving the CA a means to get in contact with you and you the same. Most courts want to know what you did to fix the issue and how you have communicated. If you don't have a phone that doesnt give a CA the right to call someone else they have to send mail.

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Since I have suggested that too, I will say that you are correct as far as the FDCPA goes. But personally speaking, I will not speak with a collection agency on the phone, never have never will. You can't say that there is a law against them calling you, though - because there isn't. I would only send a Cease & Desist if I was pretty darn positive that 1: It's not my debt, and 2: it's past SOL so they are sol. And this is *precisely* because it can be (and often is) treated as an invitation to sue - and if it's SOL or not mine, then I *want* them to sue because a judge would have to pry those greenbacks from my cold dead fingers.

So even though you cannot enforce a partial C&D, it shows that you are willing to communicate but you have personal reasons to keep things in writing. It is still a good faith effort to communicate, especially if you are like me and you don't answer the phone ever unless it is someone you know.

Don't you just love it when a new poster that has only recently joined, has already become so knowledgeable and experienced that they now know more than the moderators and managers on this site.

While that is certainly possible, we have people here who are absolutely brilliant and accurate advice is always welcome.

However, the original poster specifically stated:
1) they sent a DV letter.
2) before they received a response, they made a settlement offer. It specifically states: Quote:

The amount of the collection was the problem not that I actually owed the debt. I believe I owe the majority of the debt but not all the debt. I wanted them to prove to me the amount was correct. Either way the settlement I offered completely wiped out any of these charges so if accepted it would be a moot point. I really do want this to be finished. I am just concerned that they may not be able to settle this account while they are attempting to validate this debt. The whole thing with this collection agency doesn't seem right. For instance, they emailed a dunning letter to me on the same day they pulled my credit report. Now I may not be the sharpest tool in the shed but seems to me they could have just pulled the report and filled in the dunning letter. I want to know they have a legal right to collect this debt. As long as I know that all is good.

that is why you don't offer a thing until they do validate.if they can't,then you are possibly giving your money away.

By EMAIL?! :shock: Well that changes the whole story! Section 809 of the FDCPA [15 USC 1692g] states that it must be in writing, and you must send the DV in writing.