Eeyore Posted December 5, 2002 Report Share Posted December 5, 2002 The end of October I got a call from this CA in NY about an acct that had been sold to another company. A few days later I received a letter from them dated 10/28. They've gotten pretty nasty so when I got the link to these boards I started reading up on everything. I decided to send a validation/cease & desist and enclosed a Debt Validation Form that I found here somewhere. Did this CMRRR on 11/26. Today I got two letters from them both dated 11/29. One said.....You have not responded to our previous request for payment nor have you disputed the account stated.At this time, we are allowing you another opportunity to resolve this matter amicably.WE ARE A PROFESSIONAL COLLECTION AGENCY ATTEMPTING TO COLLECT THIS DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.Unless we receive your payment in the envelope provided, or hear from you regarding the matter we will then recommend to our client that additional collection action be taken.WE SUGGEST THAT YOU GIVE THIS SERIOUS MATTER YOU IMMEDIATE ATTENTION.The other said...This letter is written pursuant to your request that we advise you of the amount due on the above entitled matter. In addition to the above balance due there may be additional charges due as a result of RETURNED CHECKS presented by you. These charges are RETURN CHECK FEES and are included in the total amount due field. Please send the amount indicated in the total amount due field.If we can be of any further assistance, feel free to contact this office.WE ARE A PROFESSIONAL COLLECTION AGENCY ATTEMPTING TO COLLECT THIS DEBT. WE ARE ENTITLED TO USE, AND INTEND TO USE, ALL APPROVED MEANS AT OUR COMMAND TO COLLECT DEBTS WHICH HAVE BEEN REFERRED TO US, AND ANY INFORMATION WE OBTAIN WILL BE USED AS A BASIS TO ENFORCE COLLECTION OF THIS DEBT.I haven't got the green card back yet but they must've gotten it by the comment..."This letter is written pursuant to your request..." In one letter they're claiming I haven't responded or disputed the account, but in the other they're claiming to be responding to a request for information from me. They did not return the Debt Validation Form or anything requested in it. All they sent was their form letter that shows the same info as on the original letter...CLAIM OF: ECAST SETTLEMENT CORPBALANCE DUE: $6,581.92Original Creditor Acct #: #######I'm really ticked w/them insinuating that I've bounced checks. Heck, I haven't even had a checking account for a good 3-1/2yrs!I could really use some input about what my next step should be. Link to comment Share on other sites More sharing options...
admin Posted December 5, 2002 Report Share Posted December 5, 2002 Just follow the debt validation procedure as posted in the link above. Ignore and keep the letter (proof of a violation). Write your second letter to the CAs, but tell them that they are now in violation of the FDCPA. Link to comment Share on other sites More sharing options...
Eeyore Posted December 6, 2002 Author Report Share Posted December 6, 2002 <blockquote>Originally posted by adminJust follow the debt validation procedure as posted in the link above. Ignore and keep the letter (proof of a violation). Write your second letter to the CAs, but tell them that they are now in violation of the FDCPA.</blockquote>Thanks Admin. I got the green card today. It's dated 12/2. Even with the holiday it seems like an awful long time to get from FL to NY. (Only took 3 days for the card to get back to FL!) Going by the dates, that would mean they sent that letter claiming to be responding to my request for the balance before they got the actual validation letter. The validation letter is the only thing I've ever sent them. I never asked them for the balance verbally either. I don't know what they're up to. Another question. I had seen some posts about out of state collection agencies having to be licensed in FL. Hope I don't sound too stupid but does that mean that if they're located in NY and trying to collect on me in FL that they also have to be licensed in FL? Thanks! Link to comment Share on other sites More sharing options...
Swede Posted December 6, 2002 Report Share Posted December 6, 2002 <blockquote>Originally posted by EeyoreThanks Admin. I got the green card today. It's dated 12/2. Even with the holiday it seems like an awful long time to get from FL to NY. (Only took 3 days for the card to get back to FL!) Going by the dates, that would mean they sent that letter claiming to be responding to my request for the balance before they got the actual validation letter. The validation letter is the only thing I've ever sent them. I never asked them for the balance verbally either. I don't know what they're up to. Another question. I had seen some posts about out of state collection agencies having to be licensed in FL. Hope I don't sound too stupid but does that mean that if they're located in NY and trying to collect on me in FL that they also have to be licensed in FL? Thanks! </blockquote>If they're out of state, collecting on behalf of a creditor that has an office here, they'll need a licence. I guess the thought behind it is that if they are out of state, collecting for an out of state OC, it's not on a regular basis and no licence is needed. However, if they're collecting for OC's down here they'll need the licence. You can check out the FL debt collection statute and see if this CA has an active licence in FL on this site http://www.dbf.state.fl.us/licensing/ [Edit by Swede on Thursday, December 5, 2002 @ 09:57 PM] Link to comment Share on other sites More sharing options...
Eeyore Posted December 6, 2002 Author Report Share Posted December 6, 2002 Thanks Swede. Just checked it out and they are licensed in FL. RATS! Link to comment Share on other sites More sharing options...
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