To cease collection until they provide me with

[sugaree]

When I received a letter from a local NE collection agency, Credit Bureau Services, regarding a 2 yr. old medical bill I sent a letter (return receipt) asking them to provide validation. The receipt came back with the "received by" name clearly printed.

A month and a half had gone by with no response. Then another demand letter from them, this time inviting me to use my tax refund to pay them, including the $10 interest they added.

I expecially enjoyed their statement in the "mini-Miranda" that informs: 'A copy of such verification will be mailed to you.' and "This 'thirty-day period' is not a 'grace period.' Please be aware that action can be taken during this time." I guess they are stating they know they must comply with the law---sort of.

However, they have never answered the timely validation request.

With that second demand letter they are in willful noncompliance of Section 809 subsection b "Validation of Debts" of the FDCPA---to cease collection until they provide me with the verification of the debt---and have exposed themselves to civil liability not exceeding $1000.00.

This medical collection is not listed by any CRAs.

If I send them another request for val, and they instead send me another demand for payment, can they suffer more than once for breaking the same law?

Is it too soon to offer to settle their violation of my legal rights? Is it reasonable to demand that they call this debt "Closed" and not resell it? At what point should I contact the AG's office and the BBB?

Thankyou for your input.

[debtorshusband]

One offense is too easy for them to wiggle out of, by saying "oops." In a similar situation I sent a letter like this:

Dear Sir:

I am in receipt of your communication dated [date], regarding an alleged debt owed to your client. A copy of your letter is enclosed.

On [date], I sent your company a letter to the attention of [name]. This letter was sent certified with return receipt. The letter was delivered [date]. If necessary, I can provide a copy of this letter and proof of delivery.

In this letter, I informed you that I was exercising my rights under the FDCPA and was requiring complete verification of the debt. No such verification has yet been provided. The FDCPA further requires you to cease collection of the debt until you have obtained verification of the debt and mailed it to me.

As a result, your letter of [date], which is a further attempt to collect a debt, is a violation of the FDCPA (15 USC1692g().

I urge you to comply with the law in this matter. I also urge you to comply with the requests made in my previous letter, including providing the requested documentation.

Sincerely,

When I used this letter, I never heard from them again. The account was passed to another Collection Agency, and process started over again from square 1.

DH

[sparky256DSL]

By them selling the debt does that somehow violate the DV request by transfering or selling to continue collection efforts?

[NASCAR_Devil]

By them selling the debt does that somehow violate the DV request by transfering or selling to continue collection efforts?

Selling a debt is not continued collection efforts...it justs starts the whack-a-mole game all over again with a new CA.

[sparky256DSL]

Well I wonder if they tell the other CA that the debt is disputed and needs to be validated. If not isn't it negligent of them to sell it knowning it will impact the consumers credit rating? Not sure if that adds up to much but it ought to...

[NASCAR_Devil]

Well I wonder if they tell the other CA that the debt is disputed and needs to be validated. If not isn't it negligent of them to sell it knowning it will impact the consumers credit rating? Not sure if that adds up to much but it ought to...

As long as they delete the TL when they sell it off you should be fine. Every time they sell it down the line it muddies the chain of custody which in the long term makes it easier to combat. Negligent - no; bad business - probably.