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ACC, INC talking "tough" on the phone


gbe
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Please let me know what my next step should be, or if I've screwed up along the line...

On March 15, 2007, I received a letter from ACC, INC, informing me that they were the owners of an old "Texeco" (their spelling, not mine) account of mine and that they wanted me to pay the $938.55 balance. Not recalling a Texaco account in my past, I sent a DV letter on April 2. This letter also contained a partial C&D, asking that they not call me anywhere. According to the USPS, the letter was received on April 6.

This morning I received a call from their office telling me the following (paraphrasing):

-That they had received my dispute letter

-That they were in the process of filing suit against me and that I could avoid it by paying the balance today

-When I asked the lady to mail me proof of the account's validity, she told me "We know that the debt is valid" (her words, not paraphrasing that one).

-When I informed her that before proceeding further with collection efforts, they must provide evidence that the debt is valid and that they are the owners, she informed me that I was "mistaken".

At that point in the call, I informed her that I was terminating the call and then did so. I felt it was not in my best interests to be on the phone with her.

The call did not include the "This call is an attempt to collect a debt..." phrasing. Is it not required in this instance?

What is the next step? I am not overly concerned about a lawsuit as any SOL for collecting on any credit card account I may have had in the past has expired. After alcohol treatment, I made an effort to clean up my credit mistakes, but was unable to recall all of them, so most of the time the creditor's letter is my first notice of the debt. No payments on any accounts were made after October 2003, and so the SOL on any open accounts has been expired for at least 6 months.

TIA

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Just ignore and let your DV letter do it's work.

It's been covered before that a partial C&D or a conditional format for communication can't really be enforced, so calling you isn't a violation. Threatening to sue when they can't is, so if you feel frisky you can get a telephone call recorder for the future.

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I knew from reading a few posts here that the partial C&D wouldn't be binding - I included it more to test if the CA would fall into the "friendly" or "hostile" category. They have moved quite quickly into the "hostile" category.

After doing a bit more reading, I think what I will do is to wait out a little bit to see what happens next. If they verify, I will likely toss a C&D at them as the SOL is expired.

As for recording calls, I'm looking to purchase some software so that my computer can do the recording for me automatically.

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If the letter you received on 3-15-07 was the first one, then you DV'd timely. Since they received it on 4-6-07 and then called you, they did commit a violation in that they proceeded with collection activity prior to provider verification.

If this was not the first letter though, it may not be so easy.

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If the letter you received on 3-15-07 was the first one, then you DV'd timely. Since they received it on 4-6-07 and then called you, they did commit a violation in that they proceeded with collection activity prior to provider verification.

If this was not the first letter though, it may not be so easy.

It was definitely the first letter. In fact, the letter is rather blunt in saying so, to the tune of "This letter is to satisfy our legal obligation to notify you that we are the owner of your above-referenced Credit Card debt". It goes on to tell me how I have 30 days to dispute its validity or they will assume the debt is valid blah blah.

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