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Stopping debt collection calls ans letters

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  • Dave Callahan
    If you inform the debt collector that you do not owe them this amount, or any other amount, and this is your one and only notice they will receive. The fair
    Message 1 of 5 , Sep 29, 2006
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      If you inform the debt collector that you do not owe them this amount,
      or any other amount, and this is your one and only notice they will
      receive. The fair Debt Collection Act (FDCPA) they may not call you or
      write you again except to inform you that they are no longer making
      any attempt to collect this alleged debt. They are subject to a
      $10,000/day fine. Only the holder in due course has a right to come
      after you for an alleged debt. The card issuer sells the paper (Credit
      slip to a trust, and the card issuer becomes becomes a collector for
      the trust. You may also make a statment that you have no contract with
      the Debt collector, or law firm, and they are hereby fired. Depending
      on the size of the alleged debt , if it is small enough they may just
      go away. Give it a try, and if they continue to harass you post again,
      and we'll give you additional info.
    • hubbarddamar2@comcast.net
      What if you sent a validation letter and they never responded, however you receive a summons to court for an alleged debt without validation or verification
      Message 2 of 5 , Sep 30, 2006
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        What if you sent a validation letter and they never responded, however you receive a summons to court for an alleged debt without validation or verification
         
        -------------- Original message --------------
        From: "Dave Callahan" <nahallac1@...>

        If you inform the debt collector that you do not owe them this amount,
        or any other amount, and this is your one and only notice they will
        receive. The fair Debt Collection Act (FDCPA) they may not call you or
        write you again except to inform you that they are no longer making
        any attempt to collect this alleged debt. They are subject to a
        $10,000/day fine. Only the holder in due course has a right to come
        after you for an alleged debt. The card issuer sells the paper (Credit
        slip to a trust, and the card issuer becomes becomes a collector for
        the trust. You may also make a statment that you have no contract with
        the Debt collector, or law firm, and they are hereby fired. Depending
        on the size of the alleged debt , if it is small enough they may just
        go away. Give it a try, and if they continue to harass you post again,
        and we'll give you additional info.

      • gary
        Dave, A few things in your post need a bit of correction/clarification. You can inform a third party debt collector that you wish them to cease all
        Message 3 of 5 , Sep 30, 2006
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          Dave,

          A few things in your post need a bit of correction/clarification.

          You can inform a third party debt collector that you wish them to cease all
          communications (this must be done in writing) and then they can only tell
          you they will no longer make any attempts to collet OR that they are
          bringing legal action against you. Legal action cannot be brought by a
          third party debt collector unless they have purchased the debt.

          If they have purchased the alleged debt and you inform them to cease
          comunications their only choice is to quit or sue you. If you'd rather not
          make those their only choices you can inform them in writing to cease all
          phones calls and keep all communications to a written form, then they can
          only send you letters, quit or sue you. They will usually continue to send
          you letters.

          Don't forget to request validation/verification of the alleged debt within
          30 days of their first contact, they must then cease communications and any
          negative reporting to credit agencies until they have provided the
          validation/verification. If this has not been done, they are allowed to
          assume the debt is valid and continue collection efforts.

          There is no $10,000 a day fine in the FDCPA, it is a maximum of $1,000 per
          case, no matter how many violations they have concerning that case/debt.
          That is the maximum statutory fine. If you want more, you'd have to prove
          actual damages.

          If you or anyone else knows how you would go about proving that the card
          issuer sold the credit slip to a trust and is now the third party collector
          for that trust, I would very much like to hear about it.

          Gary

          ----- Original Message -----
          From: Dave Callahan
          To: tips_and_tricks@yahoogroups.com
          Sent: Friday, September 29, 2006 2:23 PM
          Subject: [tips_and_tricks] Stopping debt collection calls ans letters


          If you inform the debt collector that you do not owe them this amount,
          or any other amount, and this is your one and only notice they will
          receive. The fair Debt Collection Act (FDCPA) they may not call you or
          write you again except to inform you that they are no longer making
          any attempt to collect this alleged debt. They are subject to a
          $10,000/day fine. Only the holder in due course has a right to come
          after you for an alleged debt. The card issuer sells the paper (Credit
          slip to a trust, and the card issuer becomes becomes a collector for
          the trust.
        • gary
          It gets a little tricky here. A third party debt collector may not continue with collection efforts until they have fulfilled a validation request made within
          Message 4 of 5 , Oct 1, 2006
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            It gets a little tricky here. A third party debt collector may not continue
            with collection efforts until they have fulfilled a validation request made
            within 30 days of their informing the alleged debtor that he may deny all or
            part of the debt EXCEPT they are allowed to file a lawsuit before responding
            to the validation request. This is supposedly allowed so they don't have
            the statute of limitations expire while waiting for the validation material.

            However, they are not allowed to try to obtain a judgment until they
            complete the validation. This can be really confusing, especially with some
            courts that do not allow a plaintiff to just sit around doing nothing on the
            case. See Spears v. Brennan for a case that was overturned because a
            summary judgment was souhgt and awarded before a validation request was
            fulfilled.

            Moderator/Bear: If you want to know what state or what court Spears v. Brennan is in write Gary off group. Requests on group for that info will be deleted.

            Gary

            ----- Original Message -----
            From: hubbarddamar2@...
            To: tips_and_tricks@yahoogroups.com
            Sent: Saturday, September 30, 2006 7:58 AM
            Subject: Re: [tips_and_tricks] Stopping debt collection calls ans letters


            What if you sent a validation letter and they never responded, however you
            receive a summons to court for an alleged debt without validation or
            verification
          • Steve
            I ve been helping my mother out with debt collectors. Here is what they are doing, and I have 3 years worth of experience to prove it. I write a certified
            Message 5 of 5 , Oct 1, 2006
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              I've been helping my mother out with debt collectors. Here is what they
              are doing, and I have 3 years worth of experience to prove it.
              I write a certified letter to them (like it is from her and she signs
              it) asking for detailed validation of the debt and proof of claim. I
              inform them that if
              they purchased the debt, they can only attempt to collect what they paid
              for the debt.

              I never hear again from the collectors I send this letter to, but
              instead and within a month or two, she gets another 'first time' letter
              from some other debt collector for the same debt.

              It does on and on. I'll bet in the past 3 years, I have sent 12 or 13
              dispute and request for validation letters for her and the same thing
              keeps happening. I'm about to send two more, and I think I'm going to
              add something new this time. I'm going to add that if they cannot
              validate the debt, then I forbid them from selling or transferring it to
              another collector.

              Thanks, Steve
              gary wrote:
              >
              > Dave,
              >
              > A few things in your post need a bit of correction/clarification.
              >
              > You can inform a third party debt collector that you wish them to
              > cease all
              > communications (this must be done in writing) and then they can only tell
              > you they will no longer make any attempts to collet OR that they are
              > bringing legal action against you. Legal action cannot be brought by a
              > third party debt collector unless they have purchased the debt.
              >
              > If they have purchased the alleged debt and you inform them to cease
              > comunications their only choice is to quit or sue you. If you'd rather
              > not
              > make those their only choices you can inform them in writing to cease all
              > phones calls and keep all communications to a written form, then they can
              > only send you letters, quit or sue you. They will usually continue to
              > send
              > you letters.
              >
              > .
              >
              >
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