red1gtrubodsm Posted January 16, 2008 Report Share Posted January 16, 2008 I had a CA show up on my CR less than a week ago. I have received no dunning letter yet. I seached their name with WA state dept. of licencing and they are not licenced in my state. (used the link on Amerkaner83's sig)What are my options if they do send me a dunning letter even though they are not licenced to collect here? They have also "soft" pulled my CR 3 times in the past year. is this a violation as well because they arent licenced? Link to comment Share on other sites More sharing options...
hiblues Posted January 16, 2008 Report Share Posted January 16, 2008 They have also "soft" pulled my CR 3 times in the past year. is this a violation as well because they arent licenced?No Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 16, 2008 Author Report Share Posted January 16, 2008 Can they even sue me for the amount if they arent licenced to collect in my state? it is within SOL Link to comment Share on other sites More sharing options...
debtorshusband Posted January 16, 2008 Report Share Posted January 16, 2008 Can they even sue me for the amount if they arent licenced to collect in my state? it is within SOLCA's don't sue, period. Only attorneys can file lawsuits.Here's how it's likely to play out.You get a dunning letter from the CA in question. You send a DV letter.You don't hear from them again.Eventually you get phone calls/dunning letter from another CA. You send them a DV letter.You don't hear from them again.Eventually you get phone calls/dunning letter from a Collection Attorney. But this attorney is from another state, and is not licensed to practice in your state. You send a DV letter.You don't hear from them again.Eventually you get phone calls/dunning letter from a Collection Attorney in your state. Now things are coming to a head. You send them a DV letter. Now they might go away, they might attempt (and fail) to provide the required verification, they might successfully provide the required verification, they might file a lawsuit.DH Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 16, 2008 Author Report Share Posted January 16, 2008 If they even send me a dunning letter, isnt that a violation of WA state laws because they arent licenced to collect? I would have a ton of leverage in a PFD if they arent able to even collect here. the main goal is i want it deleted, but if i catch them in an illegal activity, better for me Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 17, 2008 Report Share Posted January 17, 2008 Basically, if they send you a dunning letter than yes, they are trying to collect without a license (a violation of RCW 19.16.110 I believe it is). In your reply DV, I would recommend you tell them (if it's not SOL) that you're aware of the fact that they are not licensed as they should be, and you know that the penalty for that violation is 2K, plus treble damages is the Court sees fit. So let's avoid this hassle, and settle things. Consumer will, without admitting liabilty for the debt...pay X amount for deletion and no AG complaint or lawsuit. Get the drift? If it's out of SOL - then I'd do the AG complaint forthwith, let them know to FOAD, C&D, if they contact you further you will discuss with your attorney the possibility of naming them as a defendant in your lawsuit. Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 17, 2008 Author Report Share Posted January 17, 2008 Basically, if they send you a dunning letter than yes, they are trying to collect without a license (a violation of RCW 19.16.110 I believe it is). In your reply DV, I would recommend you tell them (if it's not SOL) that you're aware of the fact that they are not licensed as they should be, and you know that the penalty for that violation is 2K, plus treble damages is the Court sees fit. So let's avoid this hassle, and settle things. Consumer will, without admitting liabilty for the debt...pay X amount for deletion and no AG complaint or lawsuit. Get the drift? If it's out of SOL - then I'd do the AG complaint forthwith, let them know to FOAD, C&D, if they contact you further you will discuss with your attorney the possibility of naming them as a defendant in your lawsuit.Unfortunately it is within SOL . Is posting to my CR considered attempting to collect? I seen on here somewhere that a CA has 5 days to send you a dunning letter after they post an account on your CR to notify you of there collection . but being as they cant do that to me due to the fact that they arent licenced here in WA. Do they have to delete the entry on the CR? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 17, 2008 Report Share Posted January 17, 2008 not automatically. And in order to prove that they're trying to collect (by state law) they have to send you a dunning letter. HOWEVER- Federal law says they have to dun you, as you already mentioned. So once they do, then they're in violatoin of the WA Consumer Protection Act. You can use that as leverage for deletion...how much is this alleged debt?BTW - look at RCW 19.16.250 - it's the stuff they are NOT allowed to do: pay special attention to #8....may not...(8) Give or send to any debtor or cause to be given or sent to any debtor, any notice, letter, message, or form which represents or implies that a claim exists unless it shall indicate in clear and legible type: (a) The name of the licensee and the city, street, and number at which he is licensed to do business; ( The name of the original creditor to whom the debtor owed the claim if such name is known to the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain the name of such person and provide this name to the debtor; © If the notice, letter, message, or form is the first notice to the debtor or if the licensee is attempting to collect a different amount than indicated in his or its first notice to the debtor, an itemization of the claim asserted must be made including: (i) Amount owing on the original obligation at the time it was received by the licensee for collection or by assignment; (ii) Interest or service charge, collection costs, or late payment charges, if any, added to the original obligation by the original creditor, customer or assignor before it was received by the licensee for collection, if such information is known by the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain information on such items and provide this information to the debtor; (iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was received by the licensee for collection; (iv) Collection costs, if any, that the licensee is attempting to collect; (v) Attorneys' fees, if any, that the licensee is attempting to collect on his or its behalf or on the behalf of a customer or assignor; (vi) Any other charge or fee that the licensee is attempting to collect on his or its own behalf or on the behalf of a customer or assignor.They need all of that to be abiding by WA laws. If it's not in the dunning - another CPA violation = another piece of leverage for deletion. Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 17, 2008 Author Report Share Posted January 17, 2008 the alleged debt is $520 Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 17, 2008 Report Share Posted January 17, 2008 well, they've already opened up a 2K claim against themselves for not being licensed...if they send you a Dunning letter. Sounds to me like that's grounds for leverage. Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 17, 2008 Author Report Share Posted January 17, 2008 well, they've already opened up a 2K claim against themselves for not being licensed...if they send you a Dunning letter. Sounds to me like that's grounds for leverage. I hope they do send one. I could use the money! isnt there a time frame they are supposed to send a letter notifying you of an account posted to CR? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 17, 2008 Report Share Posted January 17, 2008 ...could use the money...LOL it's not exactly that simple, my friend. making them pay up takes time, patience, and WORK! It's not like you call them up and say "make the check out to ....". Not at all.That being said... I hope they do send you a dunning letter. Hope that letter does not comply with RCW 19.16.250. But yes, there is a time frame they're supposed to send you a dunning...it's within 5 days of "initial communication"..have they called you? have you called them? Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 17, 2008 Author Report Share Posted January 17, 2008 ...could use the money...LOL it's not exactly that simple, my friend. making them pay up takes time, patience, and WORK! It's not like you call them up and say "make the check out to ....". Not at all.That being said... I hope they do send you a dunning letter. Hope that letter does not comply with RCW 19.16.250. But yes, there is a time frame they're supposed to send you a dunning...it's within 5 days of "initial communication"..have they called you? have you called them?they have not called me nor have i called them. i have let it be there mistake if they initiate contact. i just noticed they posted it on my EX a few days ago Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 17, 2008 Report Share Posted January 17, 2008 may want to do a "hey just noticed you on my CR" type DV if you don't hear anything within say a week. Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 23, 2008 Author Report Share Posted January 23, 2008 I got 2 dunning letters from them today! 1 for the alleged debt they posted on my CR, and 1 from a bankfirst account from 1999 that already is way past SOL and has already been on my CR for its 7.5 years and fell off. I still have the last CR printed out that it was on.I ran another check today and they are still not licenced in WA to collect. Their intial contact did not provide anything they are required to by law. alls they say is who the OC was, My account number with them, and my alleged balace due. that is it on both dunning lettersHow is someone able to sue for treble damages? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 23, 2008 Report Share Posted January 23, 2008 What I would do is send a DV and in that DV, "remind them" that they're not licensed in WA to collect, which is a violation of the WA State consumer Protection Act (Chapter 19.86 RCW), and you are sending AG complaints out soon.Your DV can be basically this:Dear Sir or Madam,I am in receipt of your letter dated ______ which I received on ______. In accordance with all applicable Washington State and Federal Laws, I dispute your claim in its entirety. Please provide me with full validation and documentation of your claim, as required by the FDCPA and Washington State Law. I noticed that you are not licensed as a collection agency in the State of Washington, which is a violation of the Consumer Protection Act. I'm sure you know that the penalty for violating that Act is returning ALL monies taken from Washington residents. I am finalizing a complaint with the Attorney General Rob McKenna regarding your illegal actions and behaviors. In addition, I would like to inform you that all calls to my employer are prohibited, and all calls to my home are recorded. As such, I expect any and all further correspondence to be in writing. I look forward to receiving the requested validation promptly.Cordially,however you want to - you can fit other things in there specific to your debt...such as "remove this from my reports and i'll NOT sue you"...But treble damages basically mean that you can ask for them based on their not being licensed, and the Court is authorized to give them to you...not to exceed 3 times actual damages i believe the wording is.I wish I had these guys on my CRs, I'd have FUN with them!!!!!*EDIT*: You need to keep everything in writing with these idiots....they may violate many more times...you could get a great case from this. Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 23, 2008 Author Report Share Posted January 23, 2008 it can be just like they are on your CR's. You can feel free to help me mess with them as much as you like.Do I need to send the DV's separitely with each dunning letter or put both in same DV? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 23, 2008 Report Share Posted January 23, 2008 OOH baby this'll be fun! Two dunning letters? Same letter, two copies? or were the dunnings different?You already have them on one, possibly two violations. the more you have them on, the better bargaining position you have EDIT: never mind...I just read the part about 2 different accounts. May want to do one letter referencing both debts...not sure - up to you really. Me, personally, i'd keep it all separate. Makes it easier to keep track of should it get to court. Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 23, 2008 Author Report Share Posted January 23, 2008 2 separate dunning letters for 2 different accounts they have purchased. 1 is a power bill and the other is an old bankfirst account last activity 1999. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 23, 2008 Report Share Posted January 23, 2008 The more I think about it....the more I'm leaning towards 2 separate letters.For the Bankfirst - FOAD should do nicely. 6 yr SOL, "last activity" 1999.....when did you last PAY?The other one - I'd do the DV. Hell, you may just want to play "least sophisticated consumer" for awhile too....depends on how much you want to play with them :'> :: Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 23, 2008 Author Report Share Posted January 23, 2008 Actually I was young and stupid and never even made a payment on the bankfirst card after i opened it. last activity was nov 1999. The other account i know is valid and is mine unfortunately. This CA lost its a$$ in a civil suit for trying to collect on a ton of time barred Citi accounts a few years ago Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 23, 2008 Report Share Posted January 23, 2008 May I ask..who's the CA? Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 23, 2008 Author Report Share Posted January 23, 2008 A$$et Acceptance LLC Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 23, 2008 Report Share Posted January 23, 2008 Really? Asset Acceptance isn't licensed in WA? no way...Wow. Sure enough - nothing. Cool! I'd send the DV for the new one...and the C&D/ FOAD for the old one. Link to comment Share on other sites More sharing options...
red1gtrubodsm Posted January 23, 2008 Author Report Share Posted January 23, 2008 I would love to play games with these punks to get them to completely delete the TL for the power bill of $520. I will send out a DV for it tomorrow. Do they have to be licenced as of the day they 1st attempt to collect the debt? or can they get their licence the day before the court date and be all good? Link to comment Share on other sites More sharing options...
Recommended Posts