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zeeman66
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Sorry for 2 so close together,but being new to this i found what i think are the answers thru search,just clarifying......

When during the phone call i asked the collection agency employer to send me something in writing,i was told i had to fax them my personal info before they could send me that letter.....obviously i wont fax them but that would be a violation if i dont recieve written acknowledgemnt in 5days from the call,correct? Ans i assume they want to fax to prove my acknowledgement of the debt?

thanks

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obviously i wont fax them but that would be a violation if i dont recieve written acknowledgemnt in 5days from the call,correct? Ans i assume they want to fax to prove my acknowledgement of the debt?

First off, don't send them a thing. They say you owe them, let them prove it to you. You don't have to send them s@!t. Is this their 1st communication with you? If so, then yes, they need to send written notice to you within 5 days. FDCPA:

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(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

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Unfortunately, they get around that by saying they did. Happens a lot.

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You really do not need to fax them anything...but honestly i dont think it hurts but thats just me...they original creditor should send you a letter saying that your bills is going to collections so unless they have the wrong addy you should have gotten it....also the collection agency also sends a letter to that same addy now stating they have the debt ...or so they are suppose too...in that letter it should have all the info you need...they do not have to send you anything within five days if you aknowledged it was you on the phone by first and last name and they told you "this is an attempt to collect a debt blah blah" n they told you the original creditor and the amount owed than you both should be able to say whatever you want...honestly the question is irrelevant b/c you know you owe the debt right? there is no getting around that...well there is ways but they are tough and you have to do alot of work the best thing to do is talk with them tell them your situation and hope you get a representative that is understanding with you...dont lie either that does no good...they are going to try to push you to do whatever you can do...honestly thats the best thing tho...i mean how many people get pushed to do something everyday and it ends up in the long run being great...

Sorry for 2 so close together,but being new to this i found what i think are the answers thru search,just clarifying......

When during the phone call i asked the collection agency employer to send me something in writing,i was told i had to fax them my personal info before they could send me that letter.....obviously i wont fax them but that would be a violation if i dont recieve written acknowledgemnt in 5days from the call,correct? Ans i assume they want to fax to prove my acknowledgement of the debt?

thanks

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honestly the question is irrelevant b/c you know you owe the debt right?

shokanson-Are you a CA? The question is not if they owe the debt. The question is if the CA is breaking the law and violating their rights. You should should also try some punctuation and capital letters to make your posts easier to read. Thanks.

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zeeman66,

Don't fax the CA a thing. Also don't call them and don't even accept calls from them.

DV them if you haven't already. Have you pulled your CRs and is the CA reporting on your CRs? If so, use that address. If not, you have their phone number so use one of these links to find an address on 'em.

http://www.creditinfocenter.com/repair/How2FindACreditor.shtml

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=237082

Ignore the fancifully worded DV letters. Keep it simple. Don't use the words "cease and desist" at all. You want to keep the lines of communication open so they are more likely to violate the law.

"I pulled my credit report, and I see that you claim that I owe you a debt. In accordance with FDCPA, I requested validation of this debt."

Send 'em only your name, address and the account number under which they are reporting.

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No, I am not CA, and your right it is about breaking the law and violating rights, honestly sorry about that! Sometimes I just try to understand both sides. I do know alot about collections and know people/friends who work in them..I know the other side of the issue. I just sometimes feel that everyone thinks CA are in the wrong when the people i know are actually very nice and professional...Alot of the times it is not the representatives fault it is the CA fault for the way they act b/c they train them certain ways to make them do certain things..but your right it was irrelevant what i said b/c that has nothing to do with the actual question. Thank you!

shokanson-Are you a CA? The question is not if they owe the debt. The question is if the CA is breaking the law and violating their rights. You should should also try some punctuation and capital letters to make your posts easier to read. Thanks.
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I do know alot about collections and know people/friends who work in them..

I interpret that as, your husband is a CA and you know his coworker friends.

I mean how many people actually admit to anyone that they are a CA? And you say you know a flock of them.

Come on,

Imagine at a party asking a stranger, "so what do you do?" and he proudly states, "I'm a professional CA". hahaha. Talk about killing the conversation... "Well it was nice meeting you, gotta go"

-------------------------

My biggest problem with CAs is that it's like going to war to get them to PFD.

That's my biggest issue with CAs. ( well other than the lies and massive fees)

They seem to LOVE the power to screw a persons credit. I think

they get off on it.

Then they do it in the name of, (pounding chest)" We are required to report accurate information"

when the truth is the

FCRA spells it out that the Furnisher is not required to provide negative info to the CRA.

per:

623 (7) (E) USE OF NOTICE WITHOUT SUBMITTING NEGATIVE INFORMATION- No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph (A) to furnish negative information about the customer to a consumer reporting agency.

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