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Round 2 - Next Smart Move- DV, CD, or Other?


iZ
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OK here we go….. Round 2…

prior details of the case are in this post

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=256100&highlight=post+office

Here is the latest: I sent the letter below ( it was not a C&d letter exactly

more like C&D lite!) 2 weeks ago but still never got the certified green card back -.(Does that mean they refused to sign it, or it’s just slow)? Here is exactly what MY letter said:

Gentlemen. This bill is not valid and is 100% disputed in full.

This will serve as legal notice under the Fair Debt Collection Practices Act.

1) First this is not an LOCAL YYY bill. Your info is incorrect and disputed.

2) This was a 3rd party billing entity only dispute. Not LOCAL YYYY

3) The 3rd party company added unauthorized fraudulent charges.

4) This letter makes you fully legal aware that you are continuing collection activity on fraudulent charges by a 3rd party billing entity from over 4 years ago.

5) The YYYLOCAL portion of the bill was 100% paid in full before we closed our doors over 4 years ago. Please correct your records.

This week I got the letter below from them : (They seem to act as if it is a first notice, and state for the first time they have purchased the debt, what is up with that?)

FIRST NOTICE

Dear IZ Company and iZ,

Congratulations!

Your account with the above mentioned creditor (LOCAL YYY) has been purchased by us and is now owned by XXXX collection agency. Unless you notify this office within 30 days that you dispute this debt this office will assume the debt to be valid. If you notify this office in writing within 30 days this office will obtain verification of the debt and provide you the name and address of fee original creditor if different from the current creditor

This is an attempt to collect a debt and any info will be used for that purpose.

We may provide info to credit bureaus about insolvency, late payment, delinquency, or default, in your account to include in your credit report.

MY QUESTIONS:

1) What is my best move now with the new info?

2) Do I send a full DV letter? Or a real CD letter? or other?

3) Mean while How do I protect my credit?

4) What is the smartest move to not trigger a suit, or ruin my credit?

(intended result, to stop wrongful collections, not get credit hurt, or escalate the matter. – NEXT SMART MOVE? What would you advise?

All constructive comments, experiences, thoughtful and accurate advise most welcome...

Thanks!

iZ

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You can go to the USPS website and verify deliverly of your first letter.

It isn't clear to me whether this is an entirely different CA or not???

It also looks to me as if this is a business issue and not a consumer/personal one (the term "closed your doors" would seem to indicate a business matter)??? If this is a business debt then FDCPA does not apply.

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thank you so much for your replys, sometimes it feels your all alone fighting these... i will check out he USPS website...great tip.

To answer your questions:

1) exact same company, but in this letter they state they purchased the debt from the original creditor and now own it, and they say its a first notice. even though they have sent 2 others.

I was a sole prop. does that mean it is a bus debt? also if it is, what are those rules and how are they different from this track?

What is the next right step in my specific case please, full DV real C& D or other?.

thank you for your accurate and wise advice.

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I don't think there is a hard and fast answer here but how your business was organized is not the issue most of the time. If, for example, you are being billed for telephone services to a place of business and it becomes a "debt" then it's a business debt no matter how the business was set up. What changes is that if it's a corporation and it goes under, they may not know "who" to call. :)

What's different abotu a business debt Vs a consumer debt is that in most states, FDCPA simply does not come into play - none of the protections for consumers apply. You can request validaton and such but the CA is under no obligation to answer and can continue their collection actions and they can pretty much do whatever they want to collect so long as they don't break criminal statutes (for example, they can call you at 8AM or 9:30PM but calling "too" frequently could be construed as harassment whcih is a criminal offense in most places).

You essentially have two choices, if you actuallyowe the bill then you shoudl pay it or settle it if you can. If you truly don't owe the bill then you can refuse to pay. They can't make you pay unless they take you court.

They will either drop it, give it to another CA or sue you. If they sue you then the court will decided if you really owe the debt or not.

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Thanks for your reply.

1) What if It a fraudulent debt? How much could it cost me to fight?

2) how can I protect my CR? I feel like I am being blackmailed into

fighting or consider settleing on a debt just to protect my good CR.

3) There is none now but, if they put a mark agianst my CR could that trigger the universal clause on my other cards?

thanks!

iZ

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