freeatlastt Posted November 14, 2007 Report Share Posted November 14, 2007 They sent me out a settlement letter last month. My original balance with them is 2,433.20. Their letter stated that they would be willing to settle for 3 payments each being 405.53, total I would be paying 1,216.60.When I received this I sent them a Validation letter and I was returned with the signature card, proof that they received it. Yet I still have not received anything from them concerning validating the debt.This morning I received a phone call from them offering me a new settlement offer of 850 now and 2 other payments of 244.00. for decemeber and the last payment in January. I then told him im waiting for them to validate the debt and he told me that I had to show good faith to them accept this offer or I would end up paying the full amount. I then asked him I needed the NEW settlement agreement he was offering in writing before i would agree to it. He declined and told me they had already sent me a settlment agreement in the past and if they sent me something in writing for the new one it would have to pass through the department and they might see that I didn't take their first offer so this NEW offer might be voided out. Does this make sense to you guys? He can't send me anything in writing because they might not accept the settlement offer? Sounds fishy to me.I even offered him to fax it to me and i might be inclined to accept the new offer. He kept saying I had to show good faith first on my part and then after the first payment sent today by (western union) that he would send it.I told him that without something in writing I would not even think about it and I told him to have a good day and I hung up.So did I do the right thing? Any suggestions if they keep calling back? Link to comment Share on other sites More sharing options...
AISLE4 Posted November 14, 2007 Report Share Posted November 14, 2007 Who is the original creditor? How old is the debt?Yes, you did the right thing by not taking the dodgy settlement. If they call back attempting to get money from you, mention that they have yet to validate and continued collection efforts after receiving the DV request is a FDCPA violation. Link to comment Share on other sites More sharing options...
freeatlastt Posted November 14, 2007 Author Report Share Posted November 14, 2007 Who is the original creditor? How old is the debt?Yes, you did the right thing by not taking the dodgy settlement. If they call back attempting to get money from you, mention that they have yet to validate and continued collection efforts after receiving the DV request is a FDCPA violation.Original Creditor is FCNB (Speigal card) but they went Bankrupt and Card Processing Center bought them. the debt is from 2006 Link to comment Share on other sites More sharing options...
flycouture Posted November 14, 2007 Report Share Posted November 14, 2007 did you send the standard dv letter- if so they should not be calling you either -- remind them of this also. Link to comment Share on other sites More sharing options...
freeatlastt Posted November 14, 2007 Author Report Share Posted November 14, 2007 Yes, I did send the letter and recieved the signature card back. I reminded him about this and he seemed to disregard it. Link to comment Share on other sites More sharing options...
EdwinRamos Posted November 14, 2007 Report Share Posted November 14, 2007 Sounds like it's time for you to visit your local Radio Shack and get a recording device, place a pad next to your phone, and document the date/time the calls are being received.Also, advise the collector you are recording the conversation, and to clearly state: todays Date, his name, company he is representing, and reason for his call.You and at that point, also state, you are recording the conversation after, requesting a Verification(insert Date), and that they are in violation of the FDCPA ruling regarding further attempts to collect on a debt, when a Verification request has been made,and not yet received, Than bluntly ask the caller, "What is the reason for your call today?"I bet the calls will stop after that.... Link to comment Share on other sites More sharing options...
flycouture Posted November 14, 2007 Report Share Posted November 14, 2007 I had a similar stuation. Bay Area Credit called me 21 times after C&D, Dvignored both and called everyday to collect.. I will keep ya posted -- it's a work in progress! But when it got to the point of taping-- they would hang up and then the calls stopped. Link to comment Share on other sites More sharing options...
AISLE4 Posted November 15, 2007 Report Share Posted November 15, 2007 The OC is bankrupt. CPC is a junk debt buyer in this case. They have nothing and won't be able to validate. Since the debt is fairly new, CPC likely paid about $250 for it. If you are determined to settle you could offer a bit above what they paid for it--only if you first get the terms of settlement in writing and pay in a way that does not reveal any of your financial info, but that is not the best choice. If ERC is as shady as most CAs working for junk debt buyers, even if you do settle, CPC will likely just sell the remainder of the debt to another JDB. I wouldn't give them a cent until they sue and win and then find and seize assets, which would mean that they never get a cent. Or you can continue to collect violations and maybe sue them. What it boils down to is that they are most likely unable to provide you with proper validation, which ultimately means that they have no case should it ever go to court.If you do nothing and wait for validation, the debt will likely be sold to another JDB.A good indicator that they have nothing to support their claim that you owe them money is that their first contact was a 50% settlement offer. Link to comment Share on other sites More sharing options...
MadMonkey Posted November 15, 2007 Report Share Posted November 15, 2007 send a second DV letter, and make sure it has the standard do not call me blah, blah, blah, text.Your in California which is a notification state when recording phone calls but with a cool twist. If you use a recording device that gives the audible beep every 15 seconds you don't have to mention to them that your recording the call. Calif. law allows you to record the call in this manner. They have to tell you to not record the call. The State law assumes everyone knows what the beeping sound in the background is. What's great about this is if you have a well written Go Pound Sand Letter in place with the return signed card in hand, your going to rack up the violations, because a good minute will go by before they figure out your recording the call and ask you too stop. That is if the company policy is to not allow their calls to be recorded. You nailed them on a violation. Even if they don't ask to stop the recording, you know by reading these fourms, your not to be speaking too them over the phone, so you terminate the call and just use the following phrase "I look forward to hearing from you again in accordance to my letter dated, (fill in the date)" I guarantee you will get another call either the next day or within a few. Just use this statement everytime you hang up the phone. Your going to rack up a couple thousand dollars in violations in a matter of weeks.There are a couple of really good law firms in San Diego that love making money on Fair Debt Violations. Link to comment Share on other sites More sharing options...
AISLE4 Posted November 15, 2007 Report Share Posted November 15, 2007 FDCPA violations are $1000 per action, not violation. It's good to get a number of violations before suing just to be sure they can't explain it away, but the maximum awarded per lawsuit is $1000 no matter how many violations.You already have proof of the first DV sent. Why send another? It's not your job to tell them the laws regarding collections. After getting the DV they can't continue collection efforts until they validate. They can call you once to tell you what they plan to do after they have received the DV, but making another settlement offer after receiving the DV is continued collections and a violation. Link to comment Share on other sites More sharing options...
MadMonkey Posted November 15, 2007 Report Share Posted November 15, 2007 FDCPA violations are $1000 per action, not violation. It's good to get a number of violations before suing just to be sure they can't explain it away, but the maximum awarded per lawsuit is $1000 no matter how many violations.You already have proof of the first DV sent. Why send another? It's not your job to tell them the laws regarding collections. After getting the DV they can't continue collection efforts until they validate. They can call you once to tell you what they plan to do after they have received the DV, but making another settlement offer after receiving the DV is continued collections and a violation.Calif has its own seperate laws which allows you to rack up the violations. Link to comment Share on other sites More sharing options...
freeatlastt Posted November 16, 2007 Author Report Share Posted November 16, 2007 So basically I should buy a recorder and let them hang themselves. Link to comment Share on other sites More sharing options...
hiblues Posted November 16, 2007 Report Share Posted November 16, 2007 Is it even reporting on your CR?did they send a dunning prior to the settlement?Was your DV timely? (If not, they can ignore your letter) Link to comment Share on other sites More sharing options...
freeatlastt Posted November 16, 2007 Author Report Share Posted November 16, 2007 Is it even reporting on your CR?did they send a dunning prior to the settlement?Was your DV timely? (If not, they can ignore your letter)it is reporting on my CR.no they did not and yes my DV was bewtween the 30 day period Link to comment Share on other sites More sharing options...
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