Topic: Can I send a VOD?

[vballchick]

I have a debt where the OC it Citicard. It went to a CA and is now to another CA.  I received there letter in Jan. but did not respond to it as I didn't know my rights. I called to make payment arrangements thinking there was nothing else I could do.  I allowed them to take 3 payments (1 per month). Now the arrangement has ended and they are calling and have sent a letter to continue payments.  When I look at my CU statement, the debits say they are from Citicard. "TRUST CITICREDIT UCBCITI", then my name. The CA's name is United Collection Collection Bureau, Inc. out of Toledo, OH.  And of course, they acted very professional with a 3rd party to witness and doc the payment arrangement.

Now of course, they are calling to make another arrangement and sending mail telling me that I need to do it again.  They even are quoting FDCPA stats.

Although I do owe money, I do not believe that I owe as much as they are saying. I don't know what step to take now. Do I still try and send a VOD letter?  Thx.

[maylaur]

You can still send a VOD letter.  Just keep in mind that since the 30 day validation window is already past, they do not have to cease collection activity. 

Which FDCPA sections are they quoting? 

How old is this debt?  How long since you first defaulted?  Is there a big difference between what you think you owe and what they are telling you?

By "the arrangement has ended" do you mean the arrangement was for them to take 3 payments, or do you mean that you have ended the arrangement due to your doubts as to the accuracy of the amount owed (or something else)?

[vballchick]

I last defaulted last summer. The arrangement of payments ended because that's all I would agree to because I didn't trust them to do it long term. The difference in the amount isn't a lot but around $300-$500 difference.

On each of the letters they say, "This notice is required to be given under the provisions of the Fair Debt Collections Practice Act. Public Law 95-109. Section 808(2)."

Thanks for you help.

[maylaur]

Are they asking you for, or are you sending them, postdated checks? (FDCPA § 808(2))

[vballchick]

No I  let them take acct transfers out of one of my accounts.  Now I'm looking at my CR and see the OC says it's a charged off acct but the last update was in March.?? 

My bank statement makes it seem like it's Citibank that was taking out the $$$.  UCB no longer has my permission to take out the money and are trying to get another ok from me to do it again.  I still don't trust them although they did exactly what they said they'd do.  I still would like a VOD to show the original amount, statements, proof of everything, blah,blah,blah.  I know I should not have agreed to anything.  Now I need to figure out what exactly to do. 

There is a lot of negative stuff when I google them with not doing legit collection but it's a few years old.  How do I find out for sure that they are a CA and see about counting any violations to get debt reduced? I guess what I'm really wondering if it's too late for me to do anything.  Thx in advance.

[maylaur]

The reason I asked about postdated checks is because the part of the statute that they are referencing has to do with just that.  I'm unsure as to why they would reference it.

As far as looking like Citibank was taking the money from your account, they may have set up an electronic transfer between your account and one at Citibank.  So even if the collector was setting this up, the funds would actually be sent directly to Citi.  I can't say this is definitely what was happening, but it is a possibility.

[Quader]

No I  let them take acct transfers out of one of my accounts.  Now I'm looking at my CR and see the OC says it's a charged off acct but the last update was in March.?? 

My bank statement makes it seem like it's Citibank that was taking out the $$$.  UCB no longer has my permission to take out the money and are trying to get another ok from me to do it again.  I still don't trust them although they did exactly what they said they'd do.  I still would like a VOD to show the original amount, statements, proof of everything, blah,blah,blah.  I know I should not have agreed to anything.  Now I need to figure out what exactly to do. 

There is a lot of negative stuff when I google them with not doing legit collection but it's a few years old.  How do I find out for sure that they are a CA and see about counting any violations to get debt reduced? I guess what I'm really wondering if it's too late for me to do anything.  Thx in advance.

I'm new here too .. but if it show Citi on your CR as of March I think they still own the debt ... but if they are hiring outside CA's the CA is subject to FDCPA and if they do violate that will give you some amo

if it were me I would send a VOD with a do not call any place any time , stick to the USPS and add some TCPA violations as well
Q