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Need a little help re possible violation by CA


termig8r
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Hi. I need a little advice here. I have a debt on a Chase card that I owe...roughly $1700. I have not dealt with their first collection agency who quit sending me letters. Just recently began getting letters from a different agency, A.R.S. National Services offering a settlement. The problem is that I am getting their letters forwarded to me from old addresses and they were sent to some family members' addresses where I have never lived. I am in a better financial situation now and have agreed to settle with them for about 25% of what I owe. In the meantime I sent them a letter CMRR advising them of my current mailing address and phone number and that I was to be contacted ONLY at that address and phone number. They have again sent out letters requesting payment to all of the addresses that they were using before...old and other family members. Is this a violation by them since I instructed them in writing of my address and how they were not to contact me anywhere other than my current address and phone number? I am going to settle the account before the end of this month, but still would love to stick it to these guys before I am finished.

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They can send letters in an attempt to find you...there is a presumption that letters will be opened only by the recipient...since you did send them your correct contact info now, their new round of letters could be an FDCPA violation - but you have to prove they were sent out after they received your new contact info.

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You can do what you want but one very minor infraction is probably not worth your time and more importantly, it doesn't deal with the real problem which is this debt.

I don't know if you are in a position to work a repayment (or even want to) but in any case, I'd suggest that following the debt validation process is what should get most of your effort...if this CA continues to violate then you can take steps to address it.

Just my $0.02

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