katrina1231 Posted September 29, 2011 Report Share Posted September 29, 2011 IC Systems is attempting to collect an old HSBC acct. While we do owe it, I am attempting to negotiate some kind of settlement so that we can waive all the extra fees that have been tacked on in the past few months. I sent them a DV letter and also asked them to stop calling and do everything in writing. That was at the end of August. The calls kept coming and I received no response to the DV. I sent another C&D letter in early September, and the calls still kept coming. I finally answered and spoke to someone who told me I needed to send the letter to another address, which I did. And they still claim they have not received it and the calls keep coming. I didn't send it certified (my mistake), I only sent it with a tracking # so I knew it was delivered. What should my next step be? Should I send the letter for a 4th time but certified? I also have yet to receive a response to the DV. Link to comment Share on other sites More sharing options...
usagi555 Posted September 29, 2011 Report Share Posted September 29, 2011 I'd send the 4th one CMRR just so that there is no question that you have asked them to C&D multiple times. It's just a CYA thing. Then I would go find a good and reputable consumer attorney and sue them. Even if they comply with the 4th letter, they have already violated that provision and they have also violated by continuing collection activities without validating. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted September 29, 2011 Report Share Posted September 29, 2011 I'd send the 4th one CMRR just so that there is no question that you have asked them to C&D multiple times. It's just a CYA thing. Then I would go find a good and reputable consumer attorney and sue them. Even if they comply with the 4th letter, they have already violated that provision and they have also violated by continuing collection activities without validating.In other words, you can't unring the bell for an FDCPA violation. Your problem is not sending CMRRR. I agree to send another letter. The six bucks for a letter CMRRR could be the difference in an 1K FDCPA check or more run around from the creditor asking you what C&D letter. Link to comment Share on other sites More sharing options...
Flyingifr Posted September 30, 2011 Report Share Posted September 30, 2011 #3 was sent with a tracking number - get the tracking information (date delivered and whom delivered to) and attach it as "Exhibit A" to the summons.Forget #4. They will keep denying getting the letter as long as you accept that as an excuse. Time to get nasty with them. Link to comment Share on other sites More sharing options...
katrina1231 Posted October 15, 2011 Author Report Share Posted October 15, 2011 I sent another letter Certified and it was delivered today (10/14), how long do I give them before I contact an attorney about it if they violate my letter to stop calling? Link to comment Share on other sites More sharing options...
bmc100 Posted October 15, 2011 Report Share Posted October 15, 2011 What you should have done is sent the one today with a copy of all the other letters you sent them. They are on the clock the day they receiver the letter. If they call, try to report or continue any additional collection activity without validating the debt, then you can sue for a FDCPA violation.If somehow you can prove they received the previous letters, you might have a case. Keep phone records, voicemails, tape conversations...etc. Link to comment Share on other sites More sharing options...
Torden Posted October 15, 2011 Report Share Posted October 15, 2011 I sent another letter Certified and it was delivered today (10/14), how long do I give them before I contact an attorney about it if they violate my letter to stop calling?One hour. Link to comment Share on other sites More sharing options...
BTO429 Posted October 15, 2011 Report Share Posted October 15, 2011 I sent another letter Certified and it was delivered today (10/14), how long do I give them before I contact an attorney about it if they violate my letter to stop calling? One more phone callActually I would see an attorney now. A tracking number showing a letter was delivered is all you really need> A green receipt is what ya really want but a tracking number will hold up in court as proof of delivery.When you get a summons does it have a green card, NO they send it regular mail and courts require no proof of delivery through US Mail.I have seen the Lawyer I am doing my internship through use a post office receipt as proof of delivery. Link to comment Share on other sites More sharing options...
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