confused1 Posted December 16, 2004 Report Share Posted December 16, 2004 I sent CA DV letter and received my green card back after 2 days of sending it. I also sent settlement offer to OC headquarters and received green card from them 2 days also. What do I do now? Link to comment Share on other sites More sharing options...
DocDon Posted December 16, 2004 Report Share Posted December 16, 2004 They refused to sign for it?http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9519 Link to comment Share on other sites More sharing options...
confused1 Posted December 16, 2004 Author Report Share Posted December 16, 2004 No, they both signed it. Link to comment Share on other sites More sharing options...
DocDon Posted December 16, 2004 Report Share Posted December 16, 2004 O.k. now you wait. The CA is to stop all collection activity until they provide you with proper validation. Wait for the response from corporate as well. Not going to know what to do next until you see the response. Link to comment Share on other sites More sharing options...
confused1 Posted December 16, 2004 Author Report Share Posted December 16, 2004 What do you think my chances are of the OC (discover) accepting my settlement offer? I offered to pay $1000 of a $1900 debt. I was on a payment plan with them until Oct 03. Link to comment Share on other sites More sharing options...
DocDon Posted December 16, 2004 Report Share Posted December 16, 2004 It's really hard to say. A lot of it also depends on who opens the letter, and their mood for that day.I don't think it would so much the amount as it would be the stipulation that they remove the negative info (if you included it). Either way, Discover is usually pretty good about responding. Link to comment Share on other sites More sharing options...
confused1 Posted December 16, 2004 Author Report Share Posted December 16, 2004 I used the sample settlement letter given on this website so I hope it works. I'll keep you posted.Thanks Doc Don. Link to comment Share on other sites More sharing options...
confused1 Posted December 28, 2004 Author Report Share Posted December 28, 2004 So today, I received a letter, no letterhead, no date, no reference/acct. number, nothing except an address. It says I should call this number because there is a voice message waiting for me and I won't be talking to be a live operator. On the bottom of the letter, it has that saying "this is attempt to collect a debt." So I call and this message says that I need to contact the CA HQ's within 72 hours to settle my debt. So far, I've received nothing from the OC and the CA hasn't validated the debt. They've received the letters CMRRR on 12/3. The DV letter to the CA included the statement that they only contact me by mail. I really don't want to call them per advice from here. What should I do? Link to comment Share on other sites More sharing options...
confused1 Posted December 28, 2004 Author Report Share Posted December 28, 2004 bump Link to comment Share on other sites More sharing options...
DocDon Posted December 28, 2004 Report Share Posted December 28, 2004 What's the address and number? Link to comment Share on other sites More sharing options...
confused1 Posted December 28, 2004 Author Report Share Posted December 28, 2004 The address and number are:2250 North Rock Rd. Suite 118-118PWichita, KS 85224-28401800-664-0908What's funny is that I tried calling the number last night after the first time I called and now all of a sudden, it disconnected me. Link to comment Share on other sites More sharing options...
DocDon Posted December 28, 2004 Report Share Posted December 28, 2004 That's because it prolly verified your phone number. Never call a number off a collection letter from your own phones. Use a pay phone to find out who they are. Link to comment Share on other sites More sharing options...
confused1 Posted December 28, 2004 Author Report Share Posted December 28, 2004 But doesn't the DV letter prohibit them from calling me? Isn't this second letter a violation? I got some advice from another forum and I was told that sending the letter to the OC and DVing the CA was a bad move on my part. I haven't heard from the OC nor received anything from the CA. What should I do now? Link to comment Share on other sites More sharing options...
DocDon Posted December 28, 2004 Report Share Posted December 28, 2004 Once in possession of a DV, they cannot continue collections. This applies to the CA, not the OC.If this is a different CA, you have to go through the process again. Link to comment Share on other sites More sharing options...
confused1 Posted December 28, 2004 Author Report Share Posted December 28, 2004 Its still the same CA. The message told me to call the CA's HQ's and left a number. I went on the CA's website and the numbers matched. The OC hasn't contacted me at all.I was told to send a verification letter to the OC and a second validation letter to the CA. Would that be wise since I already sent the OC a settlement offer saying that the debt is mine? If I'm asking them to verify, didn't I do that for them when I sent the settlement offer? Link to comment Share on other sites More sharing options...
DocDon Posted December 28, 2004 Report Share Posted December 28, 2004 You have a green card that shows they signed for the DV. They spit all over the FDCPA and continued collections. Next step is to report the CA to the FTC and their state Attorney General. Then you can, if you so desire, go after the CA for your civial damages under the FDCPA. Link to comment Share on other sites More sharing options...
confused1 Posted December 28, 2004 Author Report Share Posted December 28, 2004 Should I report the CA to the HQ's state AG or the office that has been contacting me? Their HQ is in IL and the office that has been contacting me is in AZ. "I was told to send a verification letter to the OC and a second validation letter to the CA. Would that be wise since I already sent the OC a settlement offer saying that the debt is mine? If I'm asking them to verify, didn't I do that for them when I sent the settlement offer?"Now what should I do about the OC? Link to comment Share on other sites More sharing options...
DocDon Posted December 28, 2004 Report Share Posted December 28, 2004 Should I report the CA to the HQ's state AG or the office that has been contacting me? Their HQ is in IL and the office that has been contacting me is in AZ.Headquarters."I was told to send a verification letter to the OC and a second validation letter to the CA. Would that be wise since I already sent the OC a settlement offer saying that the debt is mine? If I'm asking them to verify, didn't I do that for them when I sent the settlement offer?"Now what should I do about the OC?Believe it or not, a lot of people simply "settle" because they don't need the added hassle of a CA hounding them. They don't even know what it is they're settling, and their paying is really not an admission to anything except they just want the issue done and over with.So, you've really said nothing more to the OC than you simply don't have the time to pursue this matter and just want them to go away.Here's what I would do. You'll have to decide if this right for you:I would put on my poker face. Discover tends sue happy, so I might as well try to take the upper hand early. Courts are holding the OC's liable for the actions of their contracted CA's... right now it's mainly for repo agencies (who are considered CA's in many states), but it's only a matter of time before someone successfully argues the issue to involve credit cards.... so I would mention to Discover that they are liable for the actions of the CA who refuses to provide you with proper validation, and continues to violate your rights under the FDCPA. As such, the matter has been forwarded to the FTC and the appropriate State Attorney General for further processing.Just my opinion.... Link to comment Share on other sites More sharing options...
confused1 Posted December 28, 2004 Author Report Share Posted December 28, 2004 So what you're saying is that I should send the OC another letter, saying that their CA has violated the FDCPA by continued collection activity. Is there a sample I could use?In this letter, should I send another settlement offer? Should I ask for PFD instead of Paid as Agreed which was stated in the original offer?If the CA sends back the debt to the OC (which I've heard they've done when they received DV letters), can't the OC come back and say, "wait a sec, its verified, see I have this settlement letter from consumer, don't settle for anything less than full amt." Can they do that? Link to comment Share on other sites More sharing options...
DocDon Posted December 28, 2004 Report Share Posted December 28, 2004 I've not seen a sample letter since I thought of that off the top of my head...Sure they can send it back, but it doesn't release them from the violation. Link to comment Share on other sites More sharing options...
confused1 Posted December 29, 2004 Author Report Share Posted December 29, 2004 So should send another goodwill letter to the OC and include the following:- they're liable for their CA violating FDCPA- let them know that the CA actions have been reported to the FTC and their AG office- settlement offer for PFD instead of PAAIf yes, would it be bad on my CR if the TL on this OC is my oldest TL on my report and its deleted? (if they were to agree of course) Link to comment Share on other sites More sharing options...
DocDon Posted December 29, 2004 Report Share Posted December 29, 2004 It's not going to be a "goodwill" letter by definition.... you're trying to get them to assess the legal ramifications of the situation. Let them respond to you with an offer. Don't suggest one.... you can always counter-offer.They don't know what cards you're holding..... Link to comment Share on other sites More sharing options...
confused1 Posted December 29, 2004 Author Report Share Posted December 29, 2004 Do I send the second letter with the following:- they're liable for their CA violating FDCPA by contacting me- let them know that the CA actions have been reported to the FTC and their AG officeOr wait to hear from them with my first letter? Then send out the second letter... Link to comment Share on other sites More sharing options...
DocDon Posted December 29, 2004 Report Share Posted December 29, 2004 You're not sending them a goodwill letter if you go my route. You're telling them they walked onto thin ice, and then wait for their response. If you send out a nice goodwill letter and a "you screwed up" letter, they'll think you're bipolar....It's one letter or the other. Not both. Link to comment Share on other sites More sharing options...
confused1 Posted December 29, 2004 Author Report Share Posted December 29, 2004 So I'm gonna wait for their response from my first letter. Maybe I'm confusing you by calling my settlement offer (first letter) my goodwill letter. Once I hear from them, then I send the other letter (your route) to let them know about the violations, since it happened after the letter was sent out. Link to comment Share on other sites More sharing options...
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