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Am I on the right track? Possible FDCPA violation?


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Hello,

In response to a letter received from a collector(National Asset Management), I sent a certified letter requesting validation of the debt. This letter was received in their office on June 3. I have received no response to this validation letter.

Over the weekend, I received another letter from a collector(Stewart & Associates law office this time) requesting payment. My immediate suspicion was that these two organizations are affiliated in some way, or may even be the same. What leads me to believe this is that the only difference in their address is the P.O. Box and that their names are different. Also, the website of Nat'l Asset Mgmt seems to allude to this.

I played it cool though in my response to the second letter, which I again requested validation of the debt. The letter was sent today...certified, of course. I made sure and pointed out that I had already received a letter from this "other" organization, and I had requested validation from them as well. I included copies of the first letter as well as a copy of the return receipt showing who signed for it and when. I also made it clear that I was aware of my rights under FDCPA that pursuing collections after a validation has been requested, but not yet provided was a violation.

Sorry to be so long-winded, but I wanted to know if I was on the right track with this situation. Am I over-killing? Am I not doing enough? Am I doing anything wrong?

Thanks,

Smitty

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  • 2 weeks later...

Thanks for the vote of confidence!

As a follow-up, this is funny! I got the return receipt back last week, and guess what? The second certified letter was accepted by the SAME PERSON!!!

Gee....I wonder if they're gonna tell me they're not the same organization now.

Can I sue now since they are obviously in violation? :D

Smitty

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Geeze, what will they try next -- that is pretty funny :D

I would think you could sue. One of the rules is that they have to stop attempting to collect the debt until they validate it, and if you are still getting letters from them (under whatever name), they are in violation.

What a bunch of numbnuts they are! I mean, if they were going to try to be sneaky like that, one would think they would try to be smarter about it. Dumb and devious is a really laughable combination. :p

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