indylivin Posted July 14, 2004 Report Share Posted July 14, 2004 Hello,This is my first post to the board, I have been following and reading it for almost a year now, and have used what I have learned here to remove several items from my credit. I now have a question. I received this letter in the mail today and wanted to get input on what to do, and if anyone has ever ran in to this company. Here is what the letter said:MY INFOxxxACCOUNT INFOXXXThis is the final letter you will receive from us regarding your delinquent account. We have given you ever opportunity to contact us and make suitable arrangements for payment. Your account status is now under review.REMEMBER, interrest continues to accrue on this account. If we are required to file suit against you and the court so determines, you may also become liable for the court cost and attorney fees in accordance with applicable law. The filing of a lawsuit can result in a judgement being enetered against you as well as he pursuit of post-judgement collection remedies.Contact our office immediately to discuss payment arrangements on your account. If I do not hear from you in 10 days, I will be required to assume that you do not intend to take care of this debt voluntarily. I must then refer your account for a determination regarding the filing of legal action against you.If you have an attorney representing you on this matter, please refer this letter to your attorney and provide us with his name address and telephone numberSherry Turner800-687-8930 ext 202To the extent your obligations have been, discharged, dismissed, or are subject to an automatic stay of bankruptcy order under Title 11 of the US Code, this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect any such obligation.This is the first time I have ever received anything from this company. I noticed on my pg that they pulled my credit on July 7th the same date this letter was dated. This letter does not contain anything about validation. And I am not sure I understand the last part about bankruptcy and Title 11. They have not reported on my credit as of today. The original creditor is listed but this account was bought by CVCS about a year and a half ago (is on my credit report). Any ideas on what to due. Do I have a case against them. I am in IndianaAny suggestions or information would be much appreciatedThank you Link to comment Share on other sites More sharing options...
Leadhead Posted July 14, 2004 Report Share Posted July 14, 2004 First, they state, "this is the 'final' letter..."You say this is the first time they contacted you? You've got them on FDCPA violations by not allowing you the mandatory 30 day dispute period and not advising you of your 'mini-Miranda' rights.Send them a stern letter advising them of such and also demand validation of the alleged debt. Also, tell them that since you know this not to be your account, you'll be looking into filing a suit against them for FCRA violations for obtaining your report w/o a PP. Send it CMRRR.I also noticed they say:To the extent your obligations have been, discharged, dismissed, or are subject to an automatic stay of bankruptcy order under Title 11 of the US Code, this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect any such obligation.Boy...talk about trying to cover their butts! Link to comment Share on other sites More sharing options...
retmar Posted July 16, 2004 Report Share Posted July 16, 2004 I see a good argument for "Overshadowing".Do as advised and send the DV letter with a limited C&D telling them to mail only, no phone. Do not say anything at this time as to this being the first letter, yet. What you want is to get some violations built up in case they sue immediately. What I mean is if you tell them this, what is to stop them from creating the first letter. Send it CMRR. Link to comment Share on other sites More sharing options...
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