pterry

TRS Sent DV Letter 2 years ago - should I send another one?

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My son has debt with a C.U. where he got duped by someone on craig's list and cashed a fake cashier's check (two years ago). The C.U. took the balance in his account $750 and then said he owed $2800. He communicated with them in writing and verbally that he had been a victim of a fraud and he reported it to the police and made a police report. He currently has a truck loan that he is paying to the CU. They never came after him for the $2800.

TRS however sent him a collection letter 2 years ago and my son sent them a DV letter. They ceased all communication with him.

My son just got a 'settlement' letter from TRS with a '15% savings.' Should he send them another DV letter - similar to the last one? They never responded to the first one. Thanks for any info.

Edited by pterry
to clarify "they" in a sentence.
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I am sure some of the more knowledgeable people here will chime in but if your son sent a DV letter 2 years ago, can prove that he sent it and TRS received it, and they did not respond at all, then TRS has violated the FDCPA. Simply put, they have to stop all collection activities until they provide verification.

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I am sure some of the more knowledgeable people here will chime in but if your son sent a DV letter 2 years ago, can prove that he sent it and TRS received it, and they did not respond at all, then TRS has violated the FDCPA. Simply put, they have to stop all collection activities until they provide verification.

He has a copy of the letter that was sent but did not send it certified mail. So, let's say that the copy of his letter that was sent is proof. Should he ignore the current letter from TRS or send a new one? or the old one?

Thank you for your comments - great appreciated.

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OK, in this case, he can prove that he typed up a letter but cannot prove that he sent it or that they received it. He should sent another one but this time, send it CMRRR (Certified Mail, Return Receipt Requested). It costs about $5 but if they try to contact again after receiving that letter without first sending any validation of the debt, it will be worth $1000.

And to everyone else reading this, It is not good enough to simply say that you sent the letter. You have to be able to prove it. When communicating with a CA, assume that what ever is said or done will later need to be shown in a court of law.

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You can send another dv if you like, but it isn't going to get you anywhere as far as the court is concerned. I just spent a year in litigation with these yahoos and it didn't matter that they never responded to my dispute letter- it came up in the settlement conference and the judge was indifferent.

Explore your options with an NACA lawyer- if they're coming after your son for a debt he truly doesn't owe, there may be something there.

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You can send another dv if you like, but it isn't going to get you anywhere as far as the court is concerned. I just spent a year in litigation with these yahoos and it didn't matter that they never responded to my dispute letter- it came up in the settlement conference and the judge was indifferent.

Explore your options with an NACA lawyer- if they're coming after your son for a debt he truly doesn't owe, there may be something there.

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