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Letter from CA


goldie
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Hi all! I need help in analyzing this letter that I have just received today. It's a letter from the CA and I was wondering if this is a demand letter (no mention of 30 day requirement to reply otherwise they will consider this as valid debt) or just a statement which I do not intend to reply or call because I have nothing to make an offer since all my savings are wiped out and I am still unemployed.

Here . . . .

Regarding: Original Creditor

CA#: xxxxxxxx

Balance: $xxxxx.xx

A SETTLEMENT OFFER FOR YOU

Please be advised that we are a professional collection agency hired by the above named creditor to assist you in the payment of your delinquent account.

We have been authorized to offer you the opportunity to settle this account for $xxxxx.xx which will represent a 30% savings to you.

Three easy ways to clear this balance:

1) Send your payment in the enclosed envelope.

2) Call one of our representatives to discuss your account at 1-800-xxx-xxxx.

3) Log on to our website and pay your account by Check or Credit Card. Follow our easy instructions and your payment plan can be set up without speaking to anyone.

This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. In the event this debt is paid by check and your bank or financial institution does not honor the check, we reserve the right to assess a return check charge based on your state’s regulations. Note: $3.50 per $100.00 will be charged to your credit card by PayMyBill processing service for using the credit card payment option.

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or web site. Nonprofit credit counseling services may be available in the area.

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Assuming this is not the first letter you've received from them, and either they supplied validation, or you didn't reply within 30 days...then it sounds like they're assuming the debt is valid...in which case the 30 day wording would be redundant. (Although, you might check the back of the letter...some CAs put it there).

It is interesting they gave you other legal info...

But, if this is the first letter...DV them and point out their ommission.

If its not the first letter, you can ignore it...but, I'm sure its not the last time you'll hear from them.

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Assuming this is not the first letter you've received from them, and either they supplied validation, or you didn't reply within 30 days...then it sounds like they're assuming the debt is valid...in which case the 30 day wording would be redundant. (Although, you might check the back of the letter...some CAs put it there).

It is interesting they gave you other legal info...

But, if this is the first letter...DV them and point out their ommission.

If its not the first letter, you can ignore it...but, I'm sure its not the last time you'll hear from them.

This is the first letter they have sent. I got confused about the legal info. That is why I brought it up here needing confirmation and I am pretty sure that this is not the last time I'll hear from them. Thanks though for your input.

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I guess technically since they sent you the name of the OC, account number, and amount in the letter, they've gotten around the "30 day validation" period....since that's all the FDCPA says they have to send, alhough it supposed to come directly from the OC.

You could try to buy some time by responding with a DV.

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I guess technically since they sent you the name of the OC, account number, and amount in the letter, they've gotten around the "30 day validation" period....since that's all the FDCPA says they have to send, alhough it supposed to come directly from the OC.

You could try to buy some time by responding with a DV.

I have decided not to DV this CA for fear that they might put a red flag on me. Besides, it does not contain a statement resembling (3), (4), and (5) below.

Fair Debt Collection Practices Act Sec. 1692g. - Validation of debts

(a) Notice of debt

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

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Well, the fact that you got a "pay us now to get this settlement" letter says that you already have a red flag on you. They know where you are and their attempts to collect will continue to get nastier...

But...if you don't have the money, not much you can do. If you like, ignore it, and wait for the next contact. Chances are it will be from a different CA...and them, you should DV.

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