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CA still calling me after C&D letter sent! what should I


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Central Credit Services has called me 3 times in the past 2 weeks over a deficiency balance on auto repo. In september I asked for validation along with no more contact by phone(sample letter from this site) They did send me validation papers, however I made it perfectly clear in my letter to only contact me by mail... CAN I TAKE LEGAL ACTION????? letter was sent CMRRR





9550 Regency Square Blvd Ste 602

Jacksonville, FL 322258170

September 27, 2005

This letter is being sent to you in response to the numerous phone calls that I have received from your office. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

I have never received any written communication from you regarding the alleged debt sent to my current mailing address noted above.

Please provide me with the following:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Identify the original creditor;

I would also like to request, in writing, that NO TELEPHONE CONTACT be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties(LIKE NAMES AND PHONE NUMBERS OF ANY PERSON THAT YOU MIGHT HAVE IN YOUR DATABASE WETHER RELATED TO ME OR NOT RELATED TO ME FOR PURPOSES OF COLLECTING THIS DEBT), it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Thank you,

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Each phone call after the cease communications letter is a violation of the FDCPA plain and simple, and yes you can sue for it. Now the question is, do you have evidence you can take to court showing they made the calls? You have your letter showing that you executed that right under the law, and their response to the validation shows they did receive it. So what have you got to show they called? Notes? Voicemails?

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What state are you in?

I would check your states law on recording phone calls and start gathering Proof of the calls to take to court along with the latter and proof of delivery.

In Florida both people must know of the recording. Once you state you are recording the phone call if the other party continues to talk then that is consent. I think there is a link to state laws on this in a sticky.

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Evidence they called you could be obtained in discovery by demanding their phone records/logs.

If you get that far. If you do not have something to begin with they can move for a dismissal. If you at least have notes with dates/times/names, then you have a basis already. Judges do not just allow plaintiffs to "fish" for evidence in the defendant's records.

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I have two comments on this.

1. If you have voicemail on your cell, this is also a violation as they are

not allowed to cause you to pay for any calls. BUT, this will only apply

if they have your home phone in their records. If your cell is your

only phone and the one you give out, then it won't fly.

2. Are you postive beyond any doubt that this CA has followed your

state's laws regarding repo's? I say this as there is not mention in

other posts, plus your letter to them shows no mention of any sort to

this matter. I would say you need to read your state's laws to assure

this is being handled properly. Remember, if they don't follow the law

as written, they cannot collect.

Until you get all in order, record all messages, and create a log of each call received. Include the date, time, name, and main points of conversation. Use key words to prompt you to remember the whole thing later so you don't have to write down each word.

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