DV ignored, not on CR, another collection letter recieved, do I respond?

[firescissors]

I received notice from a law firm about a debt and a lot of interest/penalties that they claim I owe. The item is not yet on my CR. I sent a DV CMRRR and never received a reply. The DV was delivered to them more than 30 days after the date on their letter, but less than 30 days after I received it. They left one voice mail after they received the letter asking me to contact them via phone about the letter and then I never heard from them until now (about 2 months after the DV was delivered). Their form letter states that I never responded to them.

Given the dates of receipt and delivery, I'm not sure if they even required to cease collection. My only proof that their letter wasn't received until a certain date are my own records. Some posts mention letting the CA send more notices so that there are more violations. If I send them a 2nd notice, it would make any future collection actions look worst, but it might also prevent them from making the situation worst for them.

Should I respond to this 2nd letter? From reading the FCRA, it sounds like the CA can claim that this letter was a mistake and not be liable for damages. Should I send another letter reminding them that they did not DV? If I do, should it also go CMRRR? Should I mention that they are in violation of the FCRA by sending me this 2nd letter and threaten to sue?

[tropicaljo]

When I recieve a dun letter, I write on the envelope; Date Recieved: Mo/Day/Year. That being said; if you have your green card... I'd write a second letter... not more than a paragraph or two that says, "I recieved your letter on_______, I have the postal reciept that shows my letter was recieved in your office on________. Please do not contact me again until you can provide me with proof the alleged debt is mine." I'd make a copy of your first letter and the green card and send it CMRRR, right away!

For future reference, you go to usps.com and see what DATE/TIME your letter was delivered. I print those tracking sheets and put 'em in my records!).

[firescissors]

Thanks for the tip. I do the same thing and write the date on the envelope but I wonder how much that means in court. Is there any reason that you wouldn't also make a demand for violation of FCRA? Does anyone take CAs to court when there is only one additional letter in violation? How does that go for consumers?

[tropicaljo]

Well, combined with the post mark, I'd think that writing the date you received the letter on the envelope would carry SOME weight with the court. You wouldn't make an FCRA demand because correspondance has nothing to do with reporting (Fair Credit REPORTING Act). You can make an FDCPA violation demand even if all you have a one instance of violation... however, I've found that if they violate you once then they are likely to continue with violative behavior. Patience and knowing the laws in this 'game' is recommended.

[firescissors]

You wouldn't make an FCRA demand because correspondance has nothing to do with reporting (Fair Credit REPORTING Act). You can make an FDCPA violation demand even if all you have a one instance of violation...

Oops, that was what I meant

Are you saying that would would wait for more violations before making a demand?

[tropicaljo]

Yeah, I'd hold off. I'd send the second letter as I suggested above. Gives them a bit more rope to hang themselves. I would include something like "Unless and until the requested proof is furnished, I do not recognize any right on your part to attempt to collect any amount from me through any means whatever, including credit reporting. I refuse to pay any debt which has not been substantiated in the manner I have request and direct you to cease further attempts to communicate with me by the telephone number you have on file. You do not have, nor have you ever had my express consent to call my home, and any implied consent is now withdrawn. Any further information that you may wish to convey to me should be done in writing and mailed to the address at the top of this letter."

Now, that is a paragraph out of only one of my standard letters. Many are not comfortable with the "I refuse to pay..." part, but the second half of that statement covers your butt... "until such time as..." Also, if they call you at all after receiving this kind of written statement, they are in violation of the TCPA because they no longer have your express or implied consent to call regarding the alleged debt, whether it's your cell phone or your land line.

[esterlydsl1]

In my opinion, you should have responded to their second letter, stating your status. This would have shown your sense of responsibility. However, if you do not have anything to prove yourself right, does they have ample proves against you? Take a legal advice before deciding anything.

[firescissors]

In my opinion, you should have responded to their second letter, stating your status. This would have shown your sense of responsibility. However, if you do not have anything to prove yourself right, does they have ample proves against you? Take a legal advice before deciding anything.

I did respond to their second letter, but have not heard back from them yet. I stated that they were incorrect and asked them to C&D their collection efforts.

[TheBank]

I had the same thing happen to me, I sent a 'validation' letter to the CA, got no response, then about two months later they sent another dunning letter. I did the same thing you did (send a C&D letter). I kinda hope they send another dunning letter.....