TylerDurden2 Posted March 13, 2005 Author Report Share Posted March 13, 2005 A CA called me on my Cap1 account yesterday. Told him I had no intention of paying them a dime until they provided validation. I had not sent a DV letter, just a verbal request.He said that he was going to mark my file as 'Refusal to Pay' and send back to Cap1.Can they do this? Should I let them do this? Just got in to this site, so I'm still stupid about this. Was planning on sending them a DV letter anyway even though 30 days have passed.HELP! Link to comment Share on other sites More sharing options...
TylerDurden2 Posted March 13, 2005 Report Share Posted March 13, 2005 A CA called me on my Cap1 account yesterday. Told him I had no intention of paying them a dime until they provided validation. I had not sent a DV letter, just a verbal request.He said that he was going to mark my file as 'Refusal to Pay' and send back to Cap1.Can they do this? Should I let them do this? Just got in to this site, so I'm still stupid about this. Was planning on sending them a DV letter anyway even though 30 days have passed.HELP! Link to comment Share on other sites More sharing options...
jeffr Posted March 13, 2005 Report Share Posted March 13, 2005 You should send them a cease and desist letter to stop the phone calls. Don't even bother talking to them should they call. Then I would send them a request for validation.Whatever you do DON'T agree or admit to anything, and keep track of the phone calls made to you.He said that he was going to mark my file as 'Refusal to Pay' and send back to Cap1.I find this very hard to believe that this CA is going to give up on this this easily. Link to comment Share on other sites More sharing options...
jeffr Posted March 13, 2005 Report Share Posted March 13, 2005 You should send them a cease and desist letter to stop the phone calls. Don't even bother talking to them should they call. Then I would send them a request for validation.Whatever you do DON'T agree or admit to anything, and keep track of the phone calls made to you.He said that he was going to mark my file as 'Refusal to Pay' and send back to Cap1.I find this very hard to believe that this CA is going to give up on this this easily. Link to comment Share on other sites More sharing options...
TylerDurden2 Posted March 13, 2005 Author Report Share Posted March 13, 2005 I find this very hard to believe that this CA is going to give up on this this easily.Is this giving up? Maybe I dont understand how this all works yet.I was trying to be brief in my description, but this is the third guy to call from there. I told the first and second that I would not pay until they sent me details of the amount due. This was before I knew anything of the law or this site. They called my partents (who I dont live with) at least a DOZEN times throughout the process... and I'm not exagerating! They have always had my info on file and have been able to contact me at will. This is clearly a violation, but difficult to prove.I am sending them a DV per the template here on Monday.What are the implications of a 'Refusal to Pay' otherwise? I am assuming that a DV will prevent this since they cannot take any negative actions and it holds them to a time limint that they must prove or drop, right? Link to comment Share on other sites More sharing options...
TylerDurden2 Posted March 13, 2005 Author Report Share Posted March 13, 2005 I find this very hard to believe that this CA is going to give up on this this easily.Is this giving up? Maybe I dont understand how this all works yet.I was trying to be brief in my description, but this is the third guy to call from there. I told the first and second that I would not pay until they sent me details of the amount due. This was before I knew anything of the law or this site. They called my partents (who I dont live with) at least a DOZEN times throughout the process... and I'm not exagerating! They have always had my info on file and have been able to contact me at will. This is clearly a violation, but difficult to prove.I am sending them a DV per the template here on Monday.What are the implications of a 'Refusal to Pay' otherwise? I am assuming that a DV will prevent this since they cannot take any negative actions and it holds them to a time limint that they must prove or drop, right? Link to comment Share on other sites More sharing options...
DocPC Posted March 13, 2005 Report Share Posted March 13, 2005 Calling your parents when they know your location is in violation. Once/if they know your whereabouts they cannot contact 3rd parties to get location information.Location information is the ONLY reason they have for contacting ANY 3rd party. Link to comment Share on other sites More sharing options...
DocPC Posted March 13, 2005 Report Share Posted March 13, 2005 Calling your parents when they know your location is in violation. Once/if they know your whereabouts they cannot contact 3rd parties to get location information.Location information is the ONLY reason they have for contacting ANY 3rd party. Link to comment Share on other sites More sharing options...
jeffr Posted March 13, 2005 Report Share Posted March 13, 2005 Oh, don't worry, they're not going to give up, trust me. Send them a request for Validation. Link to comment Share on other sites More sharing options...
jeffr Posted March 13, 2005 Report Share Posted March 13, 2005 Oh, don't worry, they're not going to give up, trust me. Send them a request for Validation. Link to comment Share on other sites More sharing options...
TylerDurden2 Posted March 13, 2005 Author Report Share Posted March 13, 2005 Doc, if I can prove this, is this one of those $1000 per crack kind of things? Got MORE than one stern lecture from my parents on this (i'm 34) because they thought I was being stupid and ignoring my obligations. Jeff, thanks for the advice! DV is stamped and ready to go! Link to comment Share on other sites More sharing options...
TylerDurden2 Posted March 13, 2005 Author Report Share Posted March 13, 2005 Doc, if I can prove this, is this one of those $1000 per crack kind of things? Got MORE than one stern lecture from my parents on this (i'm 34) because they thought I was being stupid and ignoring my obligations. Jeff, thanks for the advice! DV is stamped and ready to go! Link to comment Share on other sites More sharing options...
Guest Posted March 14, 2005 Report Share Posted March 14, 2005 Send them the validation letter found here.. it also has a limited C&D in it.I would also inform them of their 12 violations of the FDCPA by contacting a 3rd party when they know where you live. They have no reason on call and they are only allowed one call at that.You can get a signed affadavit from your parents on this and send it to them and tell them that you are going to file suit in small claims court of your local county/city if they do not close your account and send you a check for 1000.THey will probably just never call you again and send it back to Cap 1 or just sell it to someone else.Hope that offered some insight Link to comment Share on other sites More sharing options...
Guest Posted March 14, 2005 Report Share Posted March 14, 2005 Send them the validation letter found here.. it also has a limited C&D in it.I would also inform them of their 12 violations of the FDCPA by contacting a 3rd party when they know where you live. They have no reason on call and they are only allowed one call at that.You can get a signed affadavit from your parents on this and send it to them and tell them that you are going to file suit in small claims court of your local county/city if they do not close your account and send you a check for 1000.THey will probably just never call you again and send it back to Cap 1 or just sell it to someone else.Hope that offered some insight Link to comment Share on other sites More sharing options...
ghacorp Posted March 14, 2005 Report Share Posted March 14, 2005 Sending the account back as a "Refusal to Pay" is the proper procedure and the CA usually has no choice. OC's determine the collection standards. The DV is a good idea and until they do that the phone calls should stop in the meantime. Calling third parties such as relatives is a grey area especially when an agency claims that is the last known address on file, etc. Bear in mind collectors can successfully dance around the FDCPA because there are escape clauses from violations when they claim that is the info that had to work with or simply made an honest mistake. Link to comment Share on other sites More sharing options...
ghacorp Posted March 14, 2005 Report Share Posted March 14, 2005 Sending the account back as a "Refusal to Pay" is the proper procedure and the CA usually has no choice. OC's determine the collection standards. The DV is a good idea and until they do that the phone calls should stop in the meantime. Calling third parties such as relatives is a grey area especially when an agency claims that is the last known address on file, etc. Bear in mind collectors can successfully dance around the FDCPA because there are escape clauses from violations when they claim that is the info that had to work with or simply made an honest mistake. Link to comment Share on other sites More sharing options...
DocDon Posted March 14, 2005 Report Share Posted March 14, 2005 Of course they'll never ship it back with a note stating "we refused to validate".... Link to comment Share on other sites More sharing options...
DocDon Posted March 14, 2005 Report Share Posted March 14, 2005 Of course they'll never ship it back with a note stating "we refused to validate".... Link to comment Share on other sites More sharing options...
TylerDurden2 Posted March 14, 2005 Author Report Share Posted March 14, 2005 Calling third parties such as relatives is a grey area especially when an agency claims that is the last known address on file, etc.Ofcourse, I have never, ever lived at their address (in a different state). Even after first contact, when I gave them my phone number, address, etc. it seemed like they would call the folks to keep the pressure on.Is it less adventageous to go back to the OC? What happens to the TL for the CA if they do. I am half considering a pay for delete with the CA because what I've read here tells me that the chances for that are slim with Cap1.If you pay a CA for delete, what happens to the OC TL?Of course they'll never ship it back with a note stating "we refused to validate".......because that would be too easy, right? Link to comment Share on other sites More sharing options...
TylerDurden2 Posted March 14, 2005 Author Report Share Posted March 14, 2005 Calling third parties such as relatives is a grey area especially when an agency claims that is the last known address on file, etc.Ofcourse, I have never, ever lived at their address (in a different state). Even after first contact, when I gave them my phone number, address, etc. it seemed like they would call the folks to keep the pressure on.Is it less adventageous to go back to the OC? What happens to the TL for the CA if they do. I am half considering a pay for delete with the CA because what I've read here tells me that the chances for that are slim with Cap1.If you pay a CA for delete, what happens to the OC TL?Of course they'll never ship it back with a note stating "we refused to validate".......because that would be too easy, right? Link to comment Share on other sites More sharing options...
willingtocope Posted March 14, 2005 Report Share Posted March 14, 2005 Just for the record...."Refusal to pay" is one of those intimidation terms CAs use to make YOU thing there's something really bad, maybe even illegal, about what you're doing. Not the case...don't worry about it.Also, a pay for delete to a CA seldom does anything to the OCs TL. IMHO, the only time pay for delete makes sense is if you can negotiate it with the OC. Otherwise, the CA may disappear from your reports, but the OC will still say "Charge off / Sold to another lender"... Link to comment Share on other sites More sharing options...
willingtocope Posted March 14, 2005 Report Share Posted March 14, 2005 Just for the record...."Refusal to pay" is one of those intimidation terms CAs use to make YOU thing there's something really bad, maybe even illegal, about what you're doing. Not the case...don't worry about it.Also, a pay for delete to a CA seldom does anything to the OCs TL. IMHO, the only time pay for delete makes sense is if you can negotiate it with the OC. Otherwise, the CA may disappear from your reports, but the OC will still say "Charge off / Sold to another lender"... Link to comment Share on other sites More sharing options...
LadynRed Posted March 14, 2005 Report Share Posted March 14, 2005 Ditto what WillingtoCope said. That BS about 'refusal to pay' is THE standard answer they have to anything you say except 'here's my checking account number, take all you want'. The ONLY thing they want to hear is that you're going to pay up, in full, RIGHT NOW, otherwise its off to 'refusal to pay' land. Link to comment Share on other sites More sharing options...
LadynRed Posted March 14, 2005 Report Share Posted March 14, 2005 Ditto what WillingtoCope said. That BS about 'refusal to pay' is THE standard answer they have to anything you say except 'here's my checking account number, take all you want'. The ONLY thing they want to hear is that you're going to pay up, in full, RIGHT NOW, otherwise its off to 'refusal to pay' land. Link to comment Share on other sites More sharing options...
jeffr Posted March 14, 2005 Report Share Posted March 14, 2005 Let me ask this....when an OC assigns a debt to a CA, if the CA is unable to obtain payment and it gets sent back to the OC, hasn't the OC repudiated their claim? Link to comment Share on other sites More sharing options...
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