Jump to content

Confusing letter + phone call from CA


risingsun11801
 Share

Recommended Posts

I received a letter from United Credit Bureau to collect a debt. It says

"If you notify this office in writing within 30 days of receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification."

Does this mean if I send them a DV they will sue me? Also, The payment they request says it should be sent to Citicorp - the debt is from a Citi card. I thought once a CA owned the debt the payments went to them.

UCB has also called my mother about the debt several times. After speaking to a woman who insulted her and threatened to call her neighbors, she spoke to her supervisor who attempted to settle the debt with her. He made agreements to settle the $1500 debt for $1000 in 3 installments and she was supposed to call him back the next day to pay. I told her not to call him back after she told me this because I had been reading this site. Can a CA settle a debt with someone who doesn't even owe the debt? He was willing to take payments from my mother, who has nothing to do with it. Should they have even discussed by debt with anyone else?

Should I bother sending a DV or should I just begin trying to settle the debt myself?

Link to comment
Share on other sites

No, that is the wording required by the FDCPA:

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

ALWAYS, ALWAYS, ALWAYS send the DV

Link to comment
Share on other sites

Well on top of all that, the CA still has to show thier lawful authority to collect any money from you, show you the agreement that you agreed to have them collect from you Section 808-1. How can you pay somebody you do not owe??

I received a letter from United Credit Bureau to collect a debt. It says

"If you notify this office in writing within 30 days of receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification."

Does this mean if I send them a DV they will sue me? Also, The payment they request says it should be sent to Citicorp - the debt is from a Citi card. I thought once a CA owned the debt the payments went to them.

UCB has also called my mother about the debt several times. After speaking to a woman who insulted her and threatened to call her neighbors, she spoke to her supervisor who attempted to settle the debt with her. He made agreements to settle the $1500 debt for $1000 in 3 installments and she was supposed to call him back the next day to pay. I told her not to call him back after she told me this because I had been reading this site. Can a CA settle a debt with someone who doesn't even owe the debt? He was willing to take payments from my mother, who has nothing to do with it. Should they have even discussed by debt with anyone else?

Should I bother sending a DV or should I just begin trying to settle the debt myself?

Link to comment
Share on other sites

Does this mean if I send them a DV they will sue me?

I agree with Dive. When you get that first letter with the mini-maranda and you DV CMRRR, you've got a leg up. I always send a DV, and in each case I've received copies of the original debt I never had. More importantly, each of them have been either outside SOL and/or the reporting time was up. Now, what if I hadn't DV'd? I would not have that proof.

Does sending a DV mean a CA will pursue a lawsuit? Who knows, but I would think that they might be more apt to sue you if you don't know your rights. DVing for me has always worked, and in almost all cases the pursuit of the debt has stopped once I've received it. Usually I send a follow up letter like 'thanks for the copies, but this debt is outside SOL and the reporting time is up'.

________

new developments in Wong Amat

Edited by kevin3344
Link to comment
Share on other sites

The CA had no right to discuss this account with your mother and no right to make payment arrangements with her unless your mother is also on the acount, is she? If not you already have leverage to use.

No, she is not on the account. The CA asked her if I gave my permission for them to discuss this with her and she replied that she didn't know. They tried to settle it with her anyway. That's what I was wondering; if this was something I could use against them.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.