Poor Credit Posted January 5, 2008 Report Share Posted January 5, 2008 Oxford Management sent me a dunning letter, I sent them back a dv within the 30 days asking for validation and had the limited c&d in the letter so they could validate the item. Didnt hear nothing from them for months. They sent me another dunning 2 weeks ago and I again sent them a dv. Now they send me a letter with the amount owed, dola, account no and request for payment in full. It is an old 2003 dola hsbc account. I have 3 new hsbc account since then so they must not have anything much to go on or they surely wouldnt have given me 3 more cards. Yesterday they started reporting in on my credit files. What do I do now? Link to comment Share on other sites More sharing options...
Debt Guy Posted January 5, 2008 Report Share Posted January 5, 2008 In my opinion, there is no such thing as a "limited C&D". There are people who will disagree with me. Regardless, when a CA receives a "limited C&D" their only choices are to either treat it as a "full-fledged C&D" or treat it as just a worthless piece of paper.No CA on earth is going to deal with you only by mail. They just are not set up for that type of activity. Besides doing things in writing is much more expensive than loading your phone number in the dailer computer.Back to the issue, if everything is as you describe, then the CA is in violation of the FDCPA. There are no FDCPA cops to complain to. If you think you have a winner, you can file a lawsuit. The burden of proof will be on you. If you got all your ducks in a row, you should be able to document the matter to the satisfaction of the court.The fact they are reporting on your credit file is not a violation providing they also report the debt is disputed.You did not say what state you are from or whether you have been a resident of that state continually since the DOFD. You should determine if the debt is out of statute. If OOS, just send a full C&D and be done with it. You can still be sued so be sure to never ignore any summons you receive.As to the matter of HSBC and new cards, go figure. Some creditors have the memory of an elephant and would not issue new credit if you defaulted on a dime. Others are less picky. HSBC is, in my opinion, one of the more sloppy operators in the business. Link to comment Share on other sites More sharing options...
reno2360 Posted January 5, 2008 Report Share Posted January 5, 2008 If the letter you received from Oxford management was the initial letter than the issue of C&D is irrelevent. The issue you have is that they continued collection activity after your submission of a timely DV. Was letter to which you responded with the DV request the initial contact from Oxford? Link to comment Share on other sites More sharing options...
YoUrFrIeNdMiKe Posted January 5, 2008 Report Share Posted January 5, 2008 was the dv letter sent certified mail return receipt requested? (CMRRR) Link to comment Share on other sites More sharing options...
Poor Credit Posted January 5, 2008 Author Report Share Posted January 5, 2008 If the letter you received from Oxford management was the initial letter than the issue of C&D is irrelevent. The issue you have is that they continued collection activity after your submission of a timely DV. Was letter to which you responded with the DV request the initial contact from Oxford?Yes, was the inital letter.Yes, sent CMRRR Link to comment Share on other sites More sharing options...
reno2360 Posted January 6, 2008 Report Share Posted January 6, 2008 They sent you the second letter without validation. They violated the FDCPA by doing so.What state are you in, is this past SOL? Link to comment Share on other sites More sharing options...
Debt Guy Posted January 6, 2008 Report Share Posted January 6, 2008 They sent you the second letter without validation. They violated the FDCPA by doing so.Several thoughs:1. It is possible the CA could argue that no validation request existed since the OP's letter contained that limited C&D. Personally, I don't think such a defense would survive judicial scrutiny. 2. It is possible the CA would argue that insufficient time was allowed between the 1st and 2nd letter for them to receive and process the validation request. These defenses have been successful. You will need to carefully lay out a timeline of each key event (first letter, date of receipt of your DV, second letter) and make a judgment if the creditor had reasonable time to "stop the second letter". These letters are on "auto-pilot" in collection agencies and the courts have recognized that large organizations cannot turn on a dime.3. It is possible the CA would argue a "good faith error" in sending the second letter. These defenses have also been successful where the CA can demonstrate good internal procedures and a high level of compliance. Ultimately, the judge decides.In the original post, the OP asked "what do I do now". You have several choices.1. Do nothing.2. Whine.3. File a lawsuit for violation of FDCPA.There are no FDCPA cops who will take up your cause for you. If you want to pursue this route, you must either hire an attorney or learn how to prepare and prosecute the case yourself. Be reminded that if you file the lawsuit, the burden of proof will be on you. From what you describe, it seems you have the appropriate documentation. Don't expect the creditor to roll over.The FDCPA provides a statutory penalty of $1000 for a cause of action for a violation. Additionally, FDCPA provides for the award of your attorney fees. That means that you could inexpensively prosecute the case professionally with a real lawyer if you can find an attorney who will take on the case on a contingency basis knowing s/he will be paid when they win. I recommend you go to www.naca.com and see if you can find a local attorney to handle the case.Do it or don't. Your call. Link to comment Share on other sites More sharing options...
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