Author Topic: Dyck O'Neal, Inc. Form Letter Violation in Colorado  (Read 4280 times)

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ipsofacto

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Dyck O'Neal, Inc. Form Letter Violation in Colorado
« on: February 12, 2011 12:50:56 AM »
Dyck O'Neal, Inc. did not put the required AGO website on their form letter.  I checked and they have license # with Colorado.  I will be filing a complaint with the Colorado AGO.  It shows that they have other actions against them in the past.  I will also send it to Tom Martino. 

They sent me a collection letter as a JDB of a judgement that they purchased due to a foreclosure.  I just sent them a DV letter in response. 

CleaningUp

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Re: Dyck O'Neal, Inc. Form Letter Violation in Colorado
« Reply #1 on: February 12, 2011 02:33:22 AM »
I'm curious...

What statute requires as the inclusion of the AGO website?

It's not a federal requirement.

If they are required by state statute, I doubt that it will be a big enough club to make much of a difference, particularly in the face of a judgement.

It's often best to get a feel for the size and shape of the hornet's nest before you go trying to kick it.




ipsofacto

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Re: Dyck O'Neal, Inc. Form Letter Violation in Colorado
« Reply #2 on: February 17, 2011 06:59:56 PM »
The AGO website has the requirement, but I do not know the statute.  There was another page in the envelope that I did not see initially that contained the required AGO website, but it was not in the letter.  I will still report it as it is not in the letter. 

I am researching the status of the judgement that they are alleging.  It was an investment property that was foreclosed two+ years ago.  This is the first that I heard of the deficiency judgement.  I thought that a foreclosing lender had to initiate the deficiency process within 75 days of the foreclosure.  Any comments on the deficiency process here in Colorado would be appreciated.

6stringdebtor

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Re: Dyck O'Neal, Inc. Form Letter Violation in Colorado
« Reply #3 on: August 09, 2011 07:28:04 AM »
ipsofacto,

how have you made out with these guys? i just received same letter. any advice would be appreciated.

take care,

6

E. Normis Debtor

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Re: Dyck O'Neal, Inc. Form Letter Violation in Colorado
« Reply #4 on: August 09, 2011 10:25:06 AM »
Apparently only required in the initial communication.

12-14-105(3)(c) In its initial written communication to a consumer, a collection agency shall include the following statement: "FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.AGO.STATE.CO.US/CADC/CADCMAIN.CFM." If the web site address is changed, the notification shall be corrected to contain the correct address. If the notification is placed on the back of the written communication, there shall be a statement on the front notifying the consumer of such fact.
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