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Round 3: To CD or not to CD ...and other questions


iZ
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Here is the Latest:

1) I never did get the green card of the Last letter I sent. but I

did check on USPS.com and printed out a copy of the delivery

notice.

BELOW

Here is exactly what MY LAST 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 ANOTHER( 2nd) letter below from them : (They

seem to act as if I REQUESTED more validation which as my letter

states above i did not, and this time they included: printouts of:

1)Printout of a collection account statement prepared with info

from prevous creditor in the business name.

2) photo copies of same bill again they sent in the first letter. (my name and business on it. Again it is LOCAL

YYY, logo, with the LD XXX diputed amount added to the past

due of the total Local YYYY. no mention whatsoever of the the

orginal 3rd party creditor XXXLD. or even adressing this issue

ends with standard:

please contact us so we can work toward solving this matter and

possbly settle this debt.

NEW INFO I HAVE FOUND OUT AND NEED CLARITY ON:

3) I have found out this is a business debt in the business

name when we shut the doors and phone off 4 years ago. I did

not go BK at the time, (although I am starting to consider it now!) I simply changed jobs. I assumed because it was a sole proprietership it was a

consumer debt but the copies of bills they send are in the

bussiness name as well as mine. Does this change our

gameplan? Are my rights the same under the Fair debt law?

If not what are my rights legaly for business debt?

and what is the next smart step? As I under stand last

advice was a CD letter budd hibbs style. But would a DV now

make more sense? Or a new plan?

.

This issue is very stressful and I am do not by nature thrive in

conflict. An affordable final, peaceable strong, solution without

hurting my hard won credit rating, paying the fraudualent

debts, or escalating to stress of a lawsuit would be my ideal outcome.

Your wise advise is most welcome,

Respectfully,

IZ

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In general, if the services were provided to/at a place of business it is a business, not a consumer, debt. That's especially true if the "services" were used by/for the business. As far as I understand the law, the structure of the business (corporation, partnership, sole prop. etc) does not matter.

As to your next steps, here is the situation...they say you owe it; you say you don't and that will pretty much be where things stay unless or until it gets in front of a judge and if it's a relatively small amount then it's unlikely they'll sue you.

I'd say your best change to truly get rid of this is to sit down, face to face with the OC until you reach an agreement on what you owe (if anything) and why you owe it; then pay whatever you actually owe.

Keep in mind that just because you say/feel something is incorrect or fraudulent doesn't mean it really is and the CA doesn't really care one way or the other; they are just trying to collect what the OC says is owed.

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thanks. i appreciate the advise.

1) The documentation they have sent is not the correct OC

2) The charges were fraudulent and I have documentation ,certified letters, and a partial reimbursment to show that.

so what would be the next step.? and where do I find the exact rights I have for a business debt?

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Make copies of your evidence and send it CMRR to the CA. You would word your letter to reflect exactly what you said here as to being closed, paid, and whatever else is necessary. Do not cite the FDCPA as it does not apply to business debt. Since your evidence may be a closing statement, cancelled check, receipt of any refunds, or anything that will prove your claim, refer to this in the body of your letter. Wait for their response before moving any further at this time. Upon receipt of their response and it does not settle the matter, let us know and we can go from there. If, by chance, you have the name of someone at the OC you dealt with when closing the account, name them and include the main points of the conversation.

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You're welcome!

I want to add that by your actions of getting this resolved will only assure you credibility in court, if this ADUB CA does file. By your having a paper trail that clearly displays your attempt to resolve amicably, will go farther than what they may have. That is the main reason we say to send anything CMRR. They can't deny receiving it.

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thanks. I sent them by certified letter last time. I never got the green card back. I did check with the USPS site and it was deliverd and I printed out that. I think they are not signing it on purpose. When I send the next one I am going to take pictures of the green card as well before I send it, and get the USPS print out. I am thinking of sending a full DV letter, So they have to show me all docs they have, as well as specifically again mentioning my dispute and written trail of this debt documentation (but not sending it yet in case i need it later), and mentioning that they are trying to collect on a fraudulant deb that is over 4 years old - as well as the standard clauses about CRAs. that way I cover all my bases in one letter.

What is your feeling on this strategy. ?

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You can do this as you note, but, do realize they are under no oobligation to even respond to you. This is why we say for you to be the one to get it done. And, above all, do not offer more than necessary as it is their responsibility to prove validity. Therefore, only send what you have that shows the status of the account according to you, such as paid in full.

You say the debt is over 4 years old. Check your state's laws regarding SOL to see if this debt is timebarred. Even though the FDCPA does not apply to this debt, the SOL does. Go to top of this page and click on the SOL, then follow directions. Utility bills fall under "open ended accounts". BUT, do note that the OC, even if unable to pursue in court, can still withhold service to you indefinitely, or, until the balance is paid in full, and any deposits are paid up front. Yes, some will allow this to be paid over a period of a few months, usually up to 90 days.

Forgot to add about the card. If you sent this to a PO Box, and the USPS says it was delivered, this only means they placed one of their notes in the box to tell them they have a letter at the counter. It has been known that some CA's just ignore the reminders until it is sent back to sender. Do not let this get you down as what you would do if this did occur is not to open the letter, or do anything to alter it. Usually, the USPS notes on the envelope as to being returned. If not, go to the PO you sent it from and see if they will mark it as necessary, such as "refused". Do keep your printout of it being properly delivered to the box. Let's say they are not going to accept it. Not a problem. Send your new letter CMRR as well as another letter containing the same items as regular mail, no proof of delivery, nothing. AND, make copies of each page, create a cover sheet, and FAX them the same items. Go to one of your local mailing places and have them FAX it for you. Usually it is a $1.00 per page fee, but, you have an independent business, plus a receipt showing the FAX was sent and received.

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