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CA Still Continuing Collection Activity!!

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What is the name of your state? OH

Two years ago after applying for a mortgage we agreed to pay a debt in full with the understanding that it would be reported as "paid" and all negative remarks would be removed. The money order was sent with a letter reiterating the terms of our agreement. Our payment was returned with a letter stating that they couldn't agree to our terms. (They had agreed verbally) They continued collection activity. We sent a DV letter (CMRRR) and after no response, a letter telling them they didn't validate so they must stop all collection activity. We are sure that they have been calling us all along but they never left a message. They call using different 800 numbers which show as " 800 service number" on our caller ID.
We just received a collection letter from them yesterday. What would be an appropriate response?
 


Debt Guy

Senior Member
I understand that perhaps someone lied to you or screwed up and simply promised something they could not deliver -- I expect the latter since they returned your money order to you.

You did not say if the company is the original creditor. If so, they are not subject to FDCPA and have no obligation to validate or to cease collection activity (which I expect you do not really understand anyway).

But, to forge onward ... you do not have a lot of choices. You can either try to make a deal that is mutually agreeable to both parties ... or you can ignore them and wait until you are sued ... or you can file suit yourself if you think they have violated some consumer protection law or the FDCPA.

Demanding validation in your case strikes me as odd. You acknowledged that you owed the debt. Validation exists in the FDCPA for the purpose of "verifying" that it really is your debt. If you acknowledge you owe the debt, what is it you are trying to validate? Proving the debt is most likely very easy. Exactly what is it you are trying to accomplish?
 
I understand perfectly why our MO was returned. I also understand that the OC is not bound by FDCPA laws. Had you read my post correctly you would have noticed I wrote....CA=collection agency. Perhaps it is you who doesn't understand. I left out certain information because it wasn't relevant to my question. Why you even addressed things that were not asked....I have no clue. By the tone of your response I doubt that you were just being helpful.
There is an old saying about free advice......
 

Debt Guy

Senior Member
Zip

I just reread your post and it says nothing about a collection agency.

What was the exact time time and history on this. Was your original deal with the OC or the CA?

When did you receive the first communication from the CA? When did you send the DV? Did you send it CMRRR?

The things you left out are relevant. For example, if you send a DV to the CA more than 30 days after the first communication letter, then they are not required to cease collection activity.

Besides, you've still not said what it was that you were trying to accomplish with the DV when you acknowledged the debt.

As to your opinion of my helpfulness, I try my best to help people who have a legitimate problem with their creditors. I still don't see your problem.
 

Ladynred

Senior Member
Well the title of the OP's post does say "CA".. ;)

I do have to agree with DG, they do not have to cease collection activity if you request validation outside of the 30-day window of an intial letter. Neither are they required, in any case, to respond with any time limitations, the FDCPA does not impose any time restraints regardless.

You acknowledged the debt in the letter you sent with the money order, so asking for validation.. for them to prove the debt is valid.. is pretty pointless, you admitted it and sent them money - even though they rejected the terms. Pay for delete simply will not work in all cases, this is one of them.

DG explained your options.. you don't have many I'm afraid.
 

TigerD

Senior Member
zipideedooda said:
...Two years ago after applying for a mortgage we agreed to pay a debt in full with the understanding that it would be reported as "paid" and all negative remarks would be removed. The money order was sent with a letter reiterating the terms of our agreement. Our payment was returned with a letter stating that they couldn't agree to our terms. (They had agreed verbally)
1. You validated the debt with your letter and payment attempt.
2. By your posting, I can see that you don't understand the credit reporting system. You're having been reported by a CA is very bad. Your have a "paid" debt with a CA is less negativew but still negative. They simply refuse to delete accurate information.
3. CAs can't leave messages that say anything efectively beyond "please call XXXXXX" Most collectors don't waste their time.
4. Debt Guy gave you good advice -- get off your horse and pay your bill.

DC
 
Thank you for your response Ladynred and thank you Debt Guy for informing me of my options.
To debtcollector: you made an assumption that has no basis in fact. I made no mention of the circumstances under which this debt hasn't been paid yet. Do not assume that everyone who doesn't their pay debts when due are dead beat sleaze balls. That is a common way of thinking for debt collector's. I suppose that is what you have to tell yourself in order to do your job.
 

TigerD

Senior Member
zipideedoodayou made an assumption that has no basis in fact. I made no mention of the circumstances under which this debt hasn't been paid yet.[/QUOTE said:
I made no assumption. I don't care why the bill hasn't been paid. Guess what? The CA collecting it doesn't care about your situation either.

As for assuming that people with outstanding bill are sleazeballs -- that's just silly. I let people demostrate by their actions whether they are slimy balls or roughened balls fallen on hard times or shiney new clean balls. The point is we are all balls .... Frued would have a field day with this ....

Seriously you coped an attitude with DG
(you wrote "Perhaps it is you who doesn't understand. I left out certain information because it wasn't relevant to my question. Why you even addressed things that were not asked....I have no clue. By the tone of your response I doubt that you were just being helpful. There is an old saying about free advice......")

Then you drop your comments. You asked for the free advice. Now quick away! There is a village looking for you.

DC
 

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