Author Topic: Letter from Collection agency  (Read 1897 times)

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heartlipids

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Letter from Collection agency
« on: April 24, 2014 05:52:58 PM »
I received a letter from a collection agency that does not contain the proper FDCPA language.  Do all letters sent from Collection Agencies require the FDCPA language?  (i.e. FDCPA [15 USC 1692g] etc..)

The essence of the letter goes as follows:

Quote
Dear Mr X.

Your account has been placed with our office for collection.

Our agency is authorized to settle your account for a reduced amount of $X,XXX.

In the event that you are unable to make the settlement payment within the acceptance period indicated, please call our office to discuss your account.  It is possible to extend the acceptance period; however, we are not obligated to renew this offer.

Current balance: X,XXX
Settlement balance: X,XXX
Acceptance period expiration: 1/1/1

This is an attempt to collect a debt and any information obtained will be used to for that purpose. This is a communication from a debt collector.

There is nothing about 30 days to validate or other language in the FDCPA [15 USC 1692g].

BellEbutton

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Re: Letter from Collection agency
« Reply #1 on: April 24, 2014 09:06:02 PM »
The validatio language in 1692g is only required in their first letter to you.  They would probably argue that this was not the first dunning letter.

But "your account has been placed with our office for collection" would seem to indicate that this IS the first letter. 

Mech85

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Re: Letter from Collection agency
« Reply #2 on: April 24, 2014 10:30:14 PM »
I'm dealing with a similar situation. We had a CA come after a family member and their first communication was a phone call. They were told they need to send stuff in writing because for some reason when we learn it's a CA on the phone, everything they say turns into a cross between Hebrew, Aramaic and Pig-Latin and we can't hear them.

Several days later, another call, and they had the privilege of talking to me this time. Caught the guy red-handed in a lie and got him to admit they haven't ever sent anything in writing. A week later, bam, first written communication that was essentially the same text as yours, also without the validation notice.

I disputed it anyway to which they responded and continued calling, despite that the dispute letter clearly said no phone calls. Gave a copy of their dunning notice, my dispute letter, their response, and call log history to an attorney group that took the case on contingency. Doing other things with my time now and one of these days a nice little check will show up.

For the record, if you plan on disputing I recommend you do it anyway, regardless of the validation notice absence. I believe it was Flying or ColtFan that responded to my thread on the issue and said the 30 day clock starts ticking when you receive your first written correspondence as far as the law is concerned, even if the notice isn't in there.

Just Plain Bill

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Re: Letter from Collection agency
« Reply #3 on: April 25, 2014 12:50:18 AM »
I received a letter from a collection agency that does not contain the proper FDCPA language.  Do all letters sent from Collection Agencies require the FDCPA language?  (i.e. FDCPA [15 USC 1692g] etc..)

The essence of the letter goes as follows:

There is nothing about 30 days to validate or other language in the FDCPA [15 USC 1692g].
How old is this account? 
I Donated

BarkingDog

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Re: Letter from Collection agency
« Reply #4 on: April 25, 2014 01:03:13 AM »
I received a letter from a collection agency that does not contain the proper FDCPA language.  Do all letters sent from Collection Agencies require the FDCPA language?  (i.e. FDCPA [15 USC 1692g] etc..)

The essence of the letter goes as follows:

There is nothing about 30 days to validate or other language in the FDCPA [15 USC 1692g].

heartlipids

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Re: Letter from Collection agency
« Reply #5 on: April 25, 2014 01:49:38 AM »
How old is this account?

It was a vehicle lease that was repo'd & sold in 2011.

JTLoh

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Re: Letter from Collection agency
« Reply #6 on: April 25, 2014 01:02:35 PM »
I would sent them a letter stating I dispute this debt and to cease all communications with me under the FDCPA.
When they continue to contact me, I would keep good records, copies, etc.

Then I would file FDCPA (and the relevant state law, if applicable)

Then I would offer them to settle with me for debt forgiveness and a $1000 check to me.

arnanda

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Re: Letter from Collection agency
« Reply #7 on: May 16, 2014 05:01:51 AM »
Is it their first letter?  Is there anything on the bottom or on the back of the letter?
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