Jump to content

Formal Notice of Intent


Recommended Posts

I just received a message from a woman that stated they were looking for me (Maiden Name). I have been married for 11 years so I knew that this was going to be good. She started the message by saying they were "forwarding Formal Notice of Intent on the matter named in the person and Property of (My Name)" and that it would be in my best interest to either call back or have the person holding the power of attorney to call them as soon as possible.

So ok I'll bite.

The first thing the person stated when I let them know the # they had originally called was that they were getting ready to send this off to "COURT" and that they were calling to see if I wanted to settle the issue before then. I had to ask what they were calling about. They told me they were calling about a credit card account. I denied the account and asked what the dates were on this alleged account. She stated 1998 - 2001. I told her I was unaware of this debt and that she would need to send me a dunning letter. I also asked if she was aware of my state's SOL is 6 years and that even if this was my debt which it was not that it is past the SOL. And also was she aware that by stating they were going to take me to "court" they were violating the FDCPA as this alleged debt cannot be taken to "court" and by saying this without actually doing it would be in violation of the FDCPA. It was then that she stated that they do not sue people and they would never say this. I told her I could have sworn that is what I heard. She told me I must have been mistaken.

It sure is a good thing that my state is a one party state and also that my handy dandy little recorder got the whole conversation.:D

Can't wait to get that dunning letter.

Link to comment
Share on other sites

So at this point I think I have 3 violations.

1. In initial VM did not identify themselves as a debt collection agency or the purpose of their call.

2. When I contacted them they did not identify themselves as a debt collection agency or state the mini miranda. Is this one violation or two separate ones.

3. Told me that they were moving this to Court and they were giving me a chance to settle before they did so, so I am assuming this means they were telling me they were going to sue even though they had no legal right to as it is out of SOL. Then she denied that she said it at the end of the conversation and that they were not going to sue me.

If they do not send me the dunning letter within 5 days then I would have another violation right?

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.