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Unique Collections


forgop
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I have a $50 balance for a library account that never had ANY notices forwarded to my new address when I moved. Three years later, I get a collection notice and a collection account on all 3 bureaus. I've received a single collection notice from Unique and that was just under a year ago with no phone calls.

I've read in some threads for others that have dealt with Unique and sending a PFD letter. One experience explained that a letter in response didn't contain the "This is an attempt to collect a debt" mumbo jumbo at the bottom and in doing so, is a violation under the FCRA. I'm wanting to attempt to trap them in the same thing and threaten a lawsuit unless they're willing to do the PFD. Also, any need to send it CMRRR? I'm sure they'll respond trying to collect regardless whether it's CMRRR anyway.

Does a $50 collection make any difference whether it's paid or not? Also, let's say that I send a letter with the $50 for a PFD and mark on the check that cashing it is agreement for PFD? By cashing it, they would then be doing so in agreement to PFD.

Anyone?

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One experience explained that a letter in response didn't contain the "This is an attempt to collect a debt" mumbo jumbo at the bottom and in doing so, is a violation under the FCRA.

I think you mean FDCPA. The initial communication must convey it is an attempt to collect a debt and any information obtained will be used for that purpose.

Subsequent communication do not need to indicate include the phrase "any information will be used for that purpose". And, they do not need to include the phrase that "this is an attempt to collect a debt" as long as that fact is conveyed in the letters content. Such as signing it John Smith debt collector.

Also, let's say that I send a letter with the $50 for a PFD and mark on the check that cashing it is agreement for PFD? By cashing it, they would then be doing so in agreement to PFD.

Anyone?

You're talking about an Accord and Satisfaction. State laws vary on what can constitute an Accord and Satisfaction. Typically there must have been a bona fide dispute, the dispute and a specific settlement offer must be made to the creditor before the check for that specific settlement amount is sent to them. A check is not a contract.

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