creditclimber Posted August 1, 2006 Report Share Posted August 1, 2006 I hope this isn't somewhere else; I have been searching and reading for a couple of hours...Got three letters from attorney for 1st Fidelity (hate them), Ignored the first two (stupid, I know) then called after the 3rd one was very threatening..."last chance to cooperate" and "immediate lawsuit" are phrases in bold and underlined. Balance due is different on all three letters and the 2nd letter came 26 days after the first, which I think is a violation since they didn't wait the 30 days.Anyway, talked to the attorney and also called OC to verify attorney was indeed theirs. OC threatened lawsuit & arrest warrant. Asked attorney for a few days, then called back but didn't get him. He then left a message stating that he had "bad news." The new balance was $6600 instead of $5300 according to the OC."After this, I stopped all contact except to let him know that no more phone calls...all should be in writing.My question is this: How can I get my 30 days back if I can't say in the DV letter that it's my first contact? I've seen some threads about "first contact" but none that tell me if I can claim first contact after a phone call has already been made.Did I blow it? Link to comment Share on other sites More sharing options...
GreatGadsby Posted August 1, 2006 Report Share Posted August 1, 2006 the first contact appears to have been the first letter they sent. the fact that they sent the second one 26 days later and not 30 is not a violation unles you had DV'd them after the first letter. i'm assuming you did not ever DV them since you're trying to reset the 30 days. sorry, but it's not gonna happen. you can still send a DV letter, and they might give you information, but they are not required to cease collection activity. Link to comment Share on other sites More sharing options...
creditclimber Posted August 1, 2006 Author Report Share Posted August 1, 2006 Dang it! So will this suffice and is there anything in it that's a big no-no?I am writing in response to your phone call last week regarding a debt owed to First Fidelity Bank. I am very concerned that the details of this debt changed during your second message and as per the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( I am requesting validation of this debt. I do not believe this debt to be correct and am disputing it pending your verification.I respectfully request that you provide evidence of any legal obligation to pay this alleged debt by providing me with the following items:• Proof that you are authorized to collect the alleged debt as an agent for the original creditor;• copies of any contracts, papers or agreements that show I agreed to pay the alleged debt; • what service or item the alleged debt is for; and• how the balance of the alleged debt is calculated.Be advised that this is not a refusal to pay, but a request for validation of this debt. I am also requesting that no telephone contact be made by your offices to my home or employer. Please make sure that all future communications with me are done in writing and sent via USPS to the address noted in this letter. Link to comment Share on other sites More sharing options...
GreatGadsby Posted August 1, 2006 Report Share Posted August 1, 2006 letter sounds fine to me. so long as you understand that they don't have to cease collection activities, there is nothing wrong with DVing beyond the 30 day window. good luck. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted August 2, 2006 Report Share Posted August 2, 2006 Save all the letters. They might be violative of the law. Link to comment Share on other sites More sharing options...
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