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I think I pulled a "no-no".....


demoncasterouter
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Man....as much as I've done this adn as long as I've done this I think I screwed up.....

There's a new collection on my CR for $88 from a CA. I contacted the OC, and they said "well, generally, we blablabla......" and the head of the department was gone for the day. So in my zeal to get financed for my house and get this off in a hurry, I called the consumer contact of the CA to negotiate a deletion. (banging my head on the wall like Chris Farley used to do) stupid, stupid, stupid!!!!!!!!

Anyway, she was a real b$%&h. And she statred recording me. She said "We won't delete" and I said, "Look, do you guys want the $88 or not", she said "your credit report stands", and I said "then I won't pay", and she said "then we'll pursue" and I said "not over $88 you won't" and she said "yes we will".

Went and got the info and the Principals name, etc. from Sec of State. So do I call the OC tomorrow, or contact the principal BY LETTER THIS TIME...to ask for a deletion?

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I would send the OC a very stern letter advising them they could be held liable for the actions of their assignee. Then go into detail as to how you were treated, including word for word what was said. You will tell them this is unacceptable and you will not tolerate being treated like this, etc., etc.. Inslude some sections of the FDCPA that apply. For the stated claims, if they will recall from the CA and assure all is deleted, you will forego any further action on your part. You get the idea.

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The CA appears to be acting within their rights. They are not required to negotiate and they can state they intend to further pursue the collection if not satisfied, etc. Under FDCPA laws collectors cannot threaten specific remedies unavailable to them or make specific threats they have no intention of carrying out. This is a classic example of what happens when people speak to collectors over the phone as opposed to communication in writing. Collection agencies love it when they hear people cannot get financed for a home, etc. because it inspires them to settle and the CA responds in kind by making a notation on the CR. CA's only want to hear "how much" and "by when".

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"collectors cannot threaten specific remedies unavailable to them"

that's exactly what I'm saying, they cannot "pursue" me b/c it's not available to them right now. That's a violation. Also the OC (or the CA for that matter) is not going to pay a $1500 retaining fee to an attorney, to collect an $88 debt from anyone. Unless they're stupid. So that comes under the heading of "cannot threaten to take action which is not intended to be taken". This CA has no idea if the OC is planning to take action, nor do they plan on doing it, but they think I'm an idiot (or a "least sophisticated consumer"), so they decided to try to taunt me (their second violation).

So I sent a letter to the OC:

TO: OC

FROM: Demoncasterouter

RE: CA

My name is Demoncasterouter and I was making payments on

my account with you until, for some reason, the account was referred to CA for collections. I now have a collection account reported by CA on my credit report for an amount of $88.00 (original amount of $93.00), which I am assuming is my original account with you? Again, I am only assuming this, I am not for certain that the account listed with CA is my account.

I attempted to contact you yesterday to settle the account. In your absence, I contacted CA instead. I assure you that I will not make that mistake twice.

Let me just say, when I spoke to your outside collection agnecy, I have never been treated with such contempt in my entire life. The contact person I spoke with was gruff, insensitive and rude. As a matter of

fact, this person threatened to "pursue" me on this debt (which means that they are threatening to take legal action).

Just as a matter of knowledge, the Fair Debt Collection Practices Act strictly prohibits the threat of legal action from 3rd party debt collectors when no such action is intended. They are also prohibited from threatening legal action before full validation of a debt has been provided to the consumer. I asked for them to validate this debt on 7-12-04, and they have not done so. The following is an outline of this from the Fair Debt Collections Practices Act 15 USC 1692e:

§ 807. False or misleading representations [15 USC

1962e]

"A debt collector may not use any false, deceptive, or

misleading representation or means in connection with

the collection of any debt. Without limiting the

general application of the foregoing, the following

conduct is a violation of this section:

(5) The threat to take any action that cannot legally

be taken or that is not intended to be taken."

As you can see, CA has already violated the FDCPA twice. Also, according to the Texas Credit Laws, a creditor cannot continue to use a 3rd party debt collector who engages in illegal activity, such as is outlined above. According to the Better Business Bureau, CA has had 18 complaints filed against it. The following is an excerpt from the Texas Credit Laws:

"§ 392.306. USE OF INDEPENDENT DEBT COLLECTOR. A

creditor may not use an independent debt collector if

the creditor has actual knowledge that the independent

debt collector repeatedly or continuously engages in

acts or practices that are prohibited by this

chapter."

I do not wish to take matters this far. In fact, I would like to pay this debt (to you the OC) and I can do so in full. However, the only futurecommunication I will ever do with CA again, is when I serve their registered agent of service informing them that I am bringing an FDCPA suit against them. So, if you will kindly retract the account from CA, I will

gladly pay the debt, you will have collected the debt, and I will not have to sue CA for their unscrupulous debt collection tactics.

Please contact me at myemail@home.com or

BR549.

Sincerely,

Demoncasterouter

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