FDCPA We have been posting wrong info!
Soaplady, who worked in the collection industry, at one time, pointed out to me that this is not correct! It is all or nothing! Communicate or don't, period! I went back and read through the FDCPA and she is correct! Even a sample letter that was circulating around stated "communication by mail only!" This is wrong info so lets not use it anymore! I am not saying everyone did but it was common!
You can ask "by mail only" but they are under no obligation to c
You can ask "by mail only" but they are under no obligation to comply.
Partial cease and desists are requests, usually included in a DV
Partial cease and desists are requests, usually included in a DV letter or a settlement proposal letter. They are not part of the FDCPA. Collectors who are on the up and up will usually abide by your request, as long as you keep in contact with them.
An official C&Ds are absolutely all or nothing, just as SoapLady advised.
Not quite....my agency was very much on the up and up and we wou
Not quite....my agency was very much on the up and up and we would not respond to written letters. Why? Well for student loans loans, we were not permitted to. For credit cards, we just did not have the staff to handle the demand. Cease and desists were either returned to the client or put in legal bins.
Hence the "usually" in my previous post. There are always excep
Hence the "usually" in my previous post. There are always exceptions. My point was that there's really no such thing as a partial C&D, it's simply a request. And that many (not all) will abide by the request if they see you're making an effort to keep in touch and to pay.
The collectors contacting me at the present are collecting on de
The collectors contacting me at the present are collecting on debts that are either illegal PDLS that were over paid or an old phone bill that is up to over 700.00 from over 7 years ago! I wish my phone company would let me run up a bill like that without shutting me off!
In those instances I send a Debt Validation and a C and D and they stop collecting until the next one gets it! The last one sent a nice letter saying they were sending it back to the client who was another collector! That one put in on my credit report twice at two different amounts of 395.00 and 475.00 I imagine the phone bill will be up to 900.00 the next time! Unfortunately you can't stop collections due to the SOL, they just can't win a law suit!
Look out, he's thinkin' again! Run for the hills!!! I'm aware
Look out, he's thinkin' again! Run for the hills!!! 
I'm aware of the 'limited CD' situation. I quit using it quite a while back, when I first found out. But...
FDCPA, ?? 805(s)(1) states (in part) that collectors may not call "at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer." What do y'all think of trying to capitalize on that?
In the letters I've been writing for folks around here, I've been striking the customary limited CD language, and replacing it with one or another variation on this:
Be advised that it is inconvenient for me to accept telephone calls at my home. Please confine communications to US Mail, so that I may give your concerns the prompt attention that they deserve.
Seems to be working pretty well, so far.
Wulfie, I love it! I'm going to try it out on my next batch of
Wulfie, I love it! I'm going to try it out on my next batch of letters. :)
Quote:Originally Posted by OhioGal1Wulfie, I love it! I'm going
Quote:
Originally Posted by OhioGal1 Wulfie, I love it! I'm going to try it out on my next batch of letters. :) |
Let me know what you get, by way of results.