I think I screwed up here....

[suzebqueen]

I had a cc with Capital One about 3k. I had worked with THEIR collection and set up a monthly payment of $50 to them directly until I can get back on my feet......well apparently they charged it off anyway even though I had been making payments and now I have United Recovery calling me on it....I have called CAP1 but no one will speak to me...

I spoke to URS the 1st and 2nd time they called and asked for something in writing...this was almost 3 weeks ago they first called me. They claimed something had been mailed, but they had an old address so I gave them my new on-still have received nothing.

But when they called the first time I was in shock and blurted out that "this is impossible, I am making monthly payments to Cap1 on this account" basically admitting that it is mine.....I know bad mistake--I was just in complete shock b/c I have been making payments to Cap1 and didnt think they could send it into collections when I was working with them....although I had nothing in writing with them....

So it is now with URS, I still have no dunning letter....and am not sure how to handle b/c I basically admitted to the debt...what would be my plan of action here......they are not a JDB right?

[NYMatt]

URS is a lowlife CA.I wouldn't send them OR Cap1 a penny !

[retmar]

Make sure you have the proof of their calling, such as date, time, name of person, and main points of conversation. Create a file on this. Watch your mail. The law requries them to send to you, a written communication, within 5 days of their first call to you, as described in FDCPA 809(a).

As to your comment, forget it. Your making payments to Crap1 shows the debt is yours. Now with a CA involved, you now treat them differently. Are they an assignee? Did they buy the debt? Are they representing a buyer? You need to know this before taking next step. that step would be to send them a DV letter.

[jjgross]

I had a cc with Capital One about 3k. I had worked with THEIR collection and set up a monthly payment of $50 to them directly until I can get back on my feet......well apparently they charged it off anyway even though I had been making payments and now I have United Recovery calling me on it....I have called CAP1 but no one will speak to me...

I spoke to URS the 1st and 2nd time they called and asked for something in writing...this was almost 3 weeks ago they first called me. They claimed something had been mailed, but they had an old address so I gave them my new on-still have received nothing.

But when they called the first time I was in shock and blurted out that "this is impossible, I am making monthly payments to Cap1 on this account" basically admitting that it is mine.....I know bad mistake--I was just in complete shock b/c I have been making payments to Cap1 and didnt think they could send it into collections when I was working with them....although I had nothing in writing with them....

So it is now with URS, I still have no dunning letter....and am not sure how to handle b/c I basically admitted to the debt...what would be my plan of action here......they are not a JDB right?

I had the me problem with wama/providan so i dv them with the cra.I then contacted via phone they said they didn't have my records arrow did so how did they verify it.They did a hard pull of their old account and was discharged in a bk7.However their records don't show a bk 7 .And they charged off in the middle of a debt relief program.However 5 months after they gave me a new cc with a 1500 limit at 0.0% crazy huh.

[suzebqueen]

I am assuming that the CA is collecting FOR capital one since it was just written off and I understand CAP1 doesnt sell debt?!?!

I am sending out DV today to them even though their first contact was almost 3 weeks ago, but I still have not received a dunning letter-and I did confirm my mailing address with them. Is this a violation?

They contact me daily-several times-they have called my husband, even though they KNOW how to properly reach me....isn't this a violation too?

I know this is one of the worst collectors out there.....so it will be interesting to see how it proceeds....I have had 2 accounts with them in the past that have since been passed on to other collectors, but no one can seem to validate the debt for me.

[retmar]

To be positive on if this is a violation, you must write down what was said on the first call. Did they ID themselves? Did they say "Crap1"? Did they read off your rights? Did they give you an amount due? Read FDCPA 809 and match your notes with the section. If they failed to meet the burden on the first call, plus, not sending you the letter, then it is a violation.

As to your DH being called. They do have a right to discuss with him, but, if I'm not mistaken, if they are calling him at work, then the answer is no. If calling home and he answers, they are legit.

As to your DV, wait. Compose a C&D letter advising them of the violations so far. Be sure and include each call, including date, time, name, and main points of conversation. Add you had been patiently waiting for them to send the letter as required, but, due to their not, you now refuse to deal with them, period. Of course, you include as to how any further activity will cause you to either sue them or retain an attorney and authorize them to do so on your behalf. If they are stupid and continue, you will now have some real fun.

[Debt Guy]

Hi Suze

I agree that the CA has violated by not sending the dunning letter in a timely fashion. However, the violation is not worth much unless you can prove the violation. Dunning letter violations are especially hard to prove as it is impossible for you to prove a negative. All the CA needs to prove is that they have an internal procedure to send dunning letters -- they do not have to prove they sent it or that you received it. Personally, I think you would be spinning your wheels here.

You don't need the dunning letter to send a request for validation. I am sure you know that a DV is only a temporary respite until the OC verifies the data.

You can look at this as a blessing or a curse. It depends on what you want to accomplish.

If you want violations, then get yourself a recorder and start recording. Build your record. Just keep in mind that when a recording is played in court the judge hears both sides of the conversation -- so don't say things to provoke bad behavior -- just let it take its natural course -- if the collector is inclined to be stupid they will do so all by themselves.

As I recall, you really wanted to settle the debt. In that case, you are better off with the account being with the CA as they are much more likely to discount the debt -- OCs rarely discount the debt directly. Also, as I recall, you were trying to stretch out the timing. In that case, seems to me it is better to just ignore the calls.

As to your husband, your state allows the collector to speak to either spouse about the debt. If the CA is calling either of you at work, just send a letter saying that the employer does not allow personal calls.

Good luck to you.

[Debt Guy]

Hi Suze

I agree that the CA has violated by not sending the dunning letter in a timely fashion. However, the violation is not worth much unless you can prove the violation. Dunning letter violations are especially hard to prove as it is impossible for you to prove a negative. All the CA needs to prove is that they have an internal procedure to send dunning letters -- they do not have to prove they sent it or that you received it. Personally, I think you would be spinning your wheels here.

You don't need the dunning letter to send a request for validation. I am sure you know that a DV is only a temporary respite until the OC verifies the data.

You can look at this as a blessing or a curse. It depends on what you want to accomplish.

If you want violations, then get yourself a recorder and start recording. Build your record. Just keep in mind that when a recording is played in court the judge hears both sides of the conversation -- so don't say things to provoke bad behavior -- just let it take its natural course -- if the collector is inclined to be stupid they will do so all by themselves.

As I recall, you really wanted to settle the debt. In that case, you are better off with the account being with the CA as they are much more likely to discount the debt -- OCs rarely discount the debt directly. Also, as I recall, you were trying to stretch out the timing. In that case, seems to me it is better to just ignore the calls.

As to your husband, your state allows the collector to speak to either spouse about the debt. If the CA is calling either of you at work, just send a letter saying that the employer does not allow personal calls.

I would really discourage a cease communication letter. All the letter says is sue me or go away. That means the CA will just return the account to the OC. This particular OC always sues and I know that is not your goal. You will be sued eventually if you cannot settle the debt first but the C&D just makes it happen faster (in my opinion).

Good luck to you.

[Debt Guy]

Hi Suze

I agree that the CA has violated by not sending the dunning letter in a timely fashion. However, the violation is not worth much unless you can prove the violation. Dunning letter violations are especially hard to prove as it is impossible for you to prove a negative. All the CA needs to prove is that they have an internal procedure to send dunning letters -- they do not have to prove they sent it or that you received it. Personally, I think you would be spinning your wheels here.

You don't need the dunning letter to send a request for validation. I am sure you know that a DV is only a temporary respite until the OC verifies the data.

You can look at this as a blessing or a curse. It depends on what you want to accomplish.

If you want violations, then get yourself a recorder and start recording. Build your record. Just keep in mind that when a recording is played in court the judge hears both sides of the conversation -- so don't say things to provoke bad behavior -- just let it take its natural course -- if the collector is inclined to be stupid they will do so all by themselves.

As I recall, you really wanted to settle the debt. In that case, you are better off with the account being with the CA as they are much more likely to discount the debt -- OCs rarely discount the debt directly. Also, as I recall, you were trying to stretch out the timing. In that case, seems to me it is better to just ignore the calls.

As to your husband, your state allows the collector to speak to either spouse about the debt. If the CA is calling either of you at work, just send a letter saying that the employer does not allow personal calls.

I would really discourage a cease communication letter. All the letter says is sue me or go away. That means the CA will just return the account to the OC. This particular OC always sues and I know that is not your goal. You will be sued eventually if you cannot settle the debt first but the C&D just makes it happen faster (in my opinion).

Good luck to you.

[suzebqueen]

Thanks for the input! They called again this morning, at this point I figure it is better to answer and keep my mouth shut then to avoid the call knowing they will call every person they can to get a hold of me.

If I read correctly, if they get a hold of me they can only call me 1x per day right?

The collector asked what my intentions were, and I simply responded that I am waiting on written details of the alleged debt and that per FDCPA they have not provided the require paper work. He began to yell and I simply hung up. I am sure I will go through this every day....but I did send a validation letter today asking for verification and they only contact me by mail.

Why does this all still seem so confusing?!?!?

Once they verify I was going to send them a letter of settlement...I know everyone keeps telling me not to pay a CA, but I cannot continue to go on like this and want to see what I can do to begin getting back on track!!!!

[retmar]

It is true to prove the violations is difficult, as well as on your shoulders alone, that is why you must keep exact records of all conversations and communications. You say you are now sending the DV. If you haven't mailed it yet, please add the info from that call. Include each and every word you can remember, date, time, name of rep, and, stress how, due to the actions of their rep, you hung up as no one is allowed to treat you in that manner, and, that it will no be tolerated. Yes, do cite the repsective laws that apply.If you have already sent the letter, compose a new letter now for the sole purpose of placing the CA on notice of this absolute violation of their rep. If you have their FAX, send that way, or, send by CMRR. Do not sit and wait before telling them. Keep track of each call. Then, upon receipt of your green card, match date they signed with the dates of calls. You can't count the date of or next as an absolute violaton, but, any after that will suffice. You an cheat by checking the USPS site every day until it shows it was delivered.