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Is this a violation of FDCPA?


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I recently received a dunning letter from a CA in NYC and of course hit them right back with a DV, which got signed for 10 days ago. Today I get another letter offering me a 50% settlement or a couple payment arrangement options. I would think that this letter is considered 'ongoing collection activity' - is it not?

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Yes. It's been my experience, however, that ca's from many states away do not follow through with court action. With this in mind, I wait until I receive a dunning letter from a lawyer representing a ca within or near my state before I send a DV letter.

You could send another DV letter reiterating your previous request. Each CMRRR is around $5 for me. I don't really care to put forth my time and money for a ca whom I don't think will follow through.

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How much is the debt?

When was the last time you paid on it?

If it's not a huge amount and 50% settlement is not a big amount of money to come by, you might consider countering with something like,

"While you have still not valid this alleged debt, I am offering a settlement for the 50% you have offered in addition to a full deletion from my CR's. This is not an admission on indebtness, but an effort to bring swift closure to this dispute. yada yada yada".

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How much is the debt?

When was the last time you paid on it?

If it's not a huge amount and 50% settlement is not a big amount of money to come by, you might consider countering with something like,

"While you have still not valid this alleged debt, I am offering a settlement for the 50% you have offered in addition to a full deletion from my CR's. This is not an admission on indebtness, but an effort to bring swift closure to this dispute. yada yada yada".

Last payment would have been in late 2003 or early 03 I think. I would be more inclined to see if they can indeed provide proper validation. It is only an $1800 debt, so it's tempting to just fork over the 900 or so, but that's 900 I might be able to keep.

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