CMS offer vs FDCPA violations
Date: Tue, 03/27/2012 - 15:31
Submitted by redraiderredwine
on
Tue, 03/27/2012 - 15:31
Total Replies: 5
I send debt validation letter and communicate only in writing via mail, no calls. *Ffwd to month later, still no validation but get an offer to settle for 20%; $1983 within 10 days, or call/write to make arrangements blah blah. *Heres the deal also...I have proof of delivery of my letter and ret recpt. *They have called 7 times after receipt and also have not validated debt. *Do you suggest I provide them with copy/proof of violations and suggest in lieu of filing FDCPA violations they zero the account and mark credit paid as agreed? Or should I accept a decent 20% offer and pay over 6 months since I cannot pay all now? I am in Texas...another agency law firm closed my account just upon receipt of validation letter...I think CMS is trying a last ditch method and tax season effort here...thanks so much!
Raider
The FDCPA specifies damages are $1000. The only way you would g
The FDCPA specifies damages are $1000. The only way you would get higher is if you sue them for other damages.
The 7 calls ....did you answer the calls? If not, there is no violation. Under the FDCPA they are entitled to one final call ...read the act.
I don't think collections will counter your offer of not reporti
I don't think collections will counter your offer of not reporting them to the FTC in exchange of discharging your account completely. I think its better that you opt for a good settlement offer.
How many days has it been since you have requested CMS to validate the debt?
The calls aren't a violation but the settlement offer that came
The calls aren't a violation but the settlement offer that came after the validation request was sent is a violation.
You only get $1000 bucks if you win, minus what your attorney would take.
I'd take the 20% offer and, after you get your "settled in full" letter, then file a complaint for the violation.
Thanks! Btw, they have not validated debt either in all this, be
Thanks! Btw, they have not validated debt either in all this, been over a month.
First, they are not likely to allow you to space out the 20% set
First, they are not likely to allow you to space out the 20% settlement offer over 6 months.
CMS is not licensed or registered in my state, they are probably not in yours either. I am dealing with these guys right now in the process of helping a friend of mine, and he has done everything I recommended--sent them a DV letter. They are playing the usual games for debt collectors....only in my friends case it is worse because they are collecting on behalf of LVNV, so they are playing the shell game too. Sent off the DV, they received it, they ignored it. They sent a second collection letter two weeks after getting the DV in their hands. They have no information so far....and maybe its just me but I refuse to pay a debt collector one penny without them proving to me that they are entitled to collect from me.