Jump to content

CA ignored DV letter, sends Notice of Intent to Sue


Padawan
 Share

Recommended Posts

First of all, I've gotten great help since discovering the forums back in Sept 2011. Thanks!

Here's my tale of woe:

Sept 2011, Apparently a JDB got a out of state CA to harrass me over a recent credit card charge off.(Not out of SOL)

I call them and have a convo w. the operator. She states looking over the account, "I don't understand why it even went to charge off, you were making payments in good faith. *But* the last one was a day late." After that convo, I receive a initial "attempt to collect". I send in a DV letter and didn't hear or get anything back from that particular CA.

Fast forward to December 2011, I get a "attempt to collect" letter from a totally different CA/law firm, now in my state, and local. They are representing the same JDB, same account. Totally within the 30 days I send over a DV letter CMRRR and next day, so I'm in the clear.(and I have the purchase receipt and CMRR)

I hear nothing/receive nothing back. *Except* I still receive two collection calls from the CA/law firm at my work in the month of January. I ignore them.

Now it's February 2012. I receive a Notice of Intention to Sue letter from the local CA/law firm. 10 days to resolve or else.

I call the CA on the 10th day, the operator starts off with asking for last four of SS. I decline and give them the Account # on the letter. With that the operator looks up the account.

-I state that they must validate the debt as per my letter in December 2011

-Additionally they must stop harassing me at work, as per my letter and citing Section 805, FDCP.

-The operator says they don't have the DV letter on file, and asks twice did I send a C&D letter?

-I reply I sent everything back in December.

-The operator then insists on my SS to identify me, and I decline, respond check your files, and hang up.

Questions:

a)So now what do I do? (Do I resend the original DV letter and/or send a C&D letter?)

b)Can the CA legally escalate to intent to sue w/o validating the debt?

c)What is phone protocol when dealing with a CA? Is giving last four social, identifying self, etc. the norm? Didn't want to say anything via call that would compromise my position.

Thanks in advance!

Link to comment
Share on other sites

When you sent the DV letters did you send them to the CA's only or did you send one directly to the JDB?

Maybe someone else has input but I believe that if the DV letter was only sent to the first CA then IMO they can legally stop collecting the debt and send it back to the JDB and neither have violated up to this point. If you sent the first DV to both the CA and JDB then IMO the JDB violated by sending the debt to a new CA/attorney to continue to collect without validating.

If you only sent the second DV to the CA/attorney then the attorney has violated by continuing to collect but IMO the JDB has probably not violated. If you sent the DV letter to both then possibly the JDB violated. It would probably depend on what knowledge they had of their attorney's actions and/or if they could be held responsible for their attorney's actions, I don't know the answer to this but maybe someone else does.

If the CA/attorney and JDB do sue you could possibly file a counterclaim and joinder the CA/attorney to the counterclaim, I don't know if that would be allowed if there were no violations by the JDB. If the counterclaim is not permissible you could sue the CA/attorney in a seperate lawsuit.

If you have proof of delivery of the DV letter to the CA/attorney I would not resend it. I don't know that I would send a C&D letter as this would just force their decision on if they want to sue.

Link to comment
Share on other sites

Now it's February 2012. I receive a Notice of Intention to Sue letter from the local CA/law firm. 10 days to resolve or else.

Since they gave you a timeframe to resolve (10 days) or they would sue you then if they don't sue soon this may also be a violation of FDCPA 807(5):

The threat to take any action that cannot legally be taken or that is not intended to be taken.

This may be a violation by both the JDB and CA/attorney since they both would have to be part of the decision to sue and making the threat to sue after 10 days without a response.

Link to comment
Share on other sites

Questions:

a)So now what do I do? (Do I resend the original DV letter and/or send a C&D letter?)

I assume you have proof they received it -like a Post office green card. If you do, you do nothing at this time. If you don't, look to the bottom of this post.

b)Can the CA legally escalate to intent to sue w/o validating the debt?

Yes,but in doing so they violate FDCPA.

c)What is phone protocol when dealing with a CA? Is giving last four social, identifying self, etc. the norm? Didn't want to say anything via call that would compromise my position.

They are required by law to verify your identity. The last 4 of your SSN is reasonable.

You already have them on one FDCPA violation - calling you at work when they knew or should have known (you told them) that it is not allowed or "inconvenient". They threatened to sue in 10 days. If you are not served with a summons in 30 days I would assume they committed FDCPA violation #2-making a threat they did not intend to carry out. CA's often tell consumers they will be sued in a short period of time simply as a threat. Failing to do so is a FDCPA violation. FDCPA simply says "if you threaten it, you better DO it." In addition,a timely VOD demand requires them to stop all collection activity until they Validate the debt. While the standard of what constitutes Validation is incredibly low, a Notice of Intent to Sue doesn't meet that standard. Violation #3.

You already have them on 1 violation so if they DO sue you then that becomes a Counterclaim to their suit. If they don't sue, then you have them on at least 2 violations to sue THEM over.

Link to comment
Share on other sites

Quote:

When you sent the DV letters did you send them to the CA's only or did you send one directly to the JDB?

Hey PC1978..the first set of DV letters, I sent to the two addresses listed on the collection letter. The JDB(CACH LLC) is sneaky and didn't specifically list a return address for themselves on any of the letters. Only the CA's have addresses. One of the addresses may have been to CACH. Since it wasn't clearly listed I was shotgunning with the first set of DV letters(sending to two addresses)

Quote:

If you only sent the second DV to the CA/attorney then the attorney has violated by continuing to collect but IMO the JDB has probably not violated.

Yes the second DV only went to the CA/law group(Mandarich) and I have proof of delivery.

Thanks Flyingifr: To recap..So it looks like wait and see then, and if anything I may be able to sue them for FDCPA violation. Got it!

Link to comment
Share on other sites

I would not give anyone the last 4 digits of my SSN. Simply put, there are 10,000 possible ways to have the same last 4 digits of the SSN and you are not looking at the computer on the other side. They could easily match you with a debt from someone in FL who has the same last 4 digits that you do and simply try to collect it from you. If "their" account number does not work, that is their problem not your problem.

At this point, if they do sue, you have a counter claim for at least 2 violations of the FDCPA. I would not call them anymore and let them sue you. In the mean time, learn court procedure so that you are ready when they do file.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • 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.