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Original Creditor Question


MrSpanky
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Hi All,

 

This time I’m dealing with an OC, ADT Security.  They have turned my account over to a law firm for $600. The first letter was all nice and sweet, the second was  nasty and we are going to sue you.

 

My question is: on the first letter from the law firm, do they have to put the 30 Day validation like a JDB does?

 

Thanks!

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If an attorney is a debt collections attorney, he must comply with the FDCPA and include the 30 day notice.  If the attorney in your case handles debt collections on a regular basis, he's probably a debt collection attorney.

 

But if other CAs contacted you about the debt before the attorney did, he may not have had to include the language.  There's case law that states that the language is required only in the initial communication from the first debt collector and that subsequent debt collectors who handle the debt are not required to include the 30 day notice.

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If this letter is the first collection letter you've received from any CA regarding this account, then they were supposed to include the 30 day notice.  If any other CA has sent you a letter about the debt, then this CA may not be required to include that notice.

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If this letter is the first collection letter you've received from any CA regarding this account, then they were supposed to include the 30 day notice.  If any other CA has sent you a letter about the debt, then this CA may not be required to include that notice.

 

This was the very first letter I received from anyone regarding collections on this account. 

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Yes, it was from adt. Maybe sweet was a poor choice of words. It was a standard please pay now to avoid collections and if I had paid to please disregard this notice. Then I received the letter from the CA that I posted above, and today I got another letter from the CA to pay now or they will have "no alternative but to proceed with whatever action it deems necessary to protect its interest."

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Well, that first letter from the CA should have included the 30 day notice.  Has it been more than 30 days since you received the first letter from the CA?  If it's within the 30 days, you could still go ahead and DV.

 

Was the 2nd collection letter (the one you just got) sent within 30 days of the first CA letter?

 

"Whatever action it deems necessary to protect its interest" is not necessarily a threat to sue.  That could mean they'll turn it back over to the OC so they don't waste any more resources on it.  Who knows?

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Well, that first letter from the CA should have included the 30 day notice.  Has it been more than 30 days since you received the first letter from the CA?  If it's within the 30 days, you could still go ahead and DV.

 

Was the 2nd collection letter (the one you just got) sent within 30 days of the first CA letter?

 

"Whatever action it deems necessary to protect its interest" is not necessarily a threat to sue.  That could mean they'll turn it back over to the OC so they don't waste any more resources on it.  Who knows?

 

I'm still within the 30 days, so I will get the DV out. The second letter came 20 days after the first. Thanks for the help!

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Given that SKO has a website for paying, it's pretty clear they are a regular at debt collection.  So they should be fully subject to FDCPA requirements, including the 30 day validation notice.

 

"Whatever action it deems necessary to protect its interest" are weasel words to scare weak people and CYA for themselves.

 

Yeah, get that DV out.  But keep it very simple.  Just demand validation and/or refuse to pay.  Send it by CMRRR so they know you know they got it.

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You have an FDCPA violation with the first letter.  The only problem would be if they were to claim they sent an "initial communication" before that letter, and it contained the validation notice.

 

See what happens when you DV.  Be sure to send it CMRRR.

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Bring that letter to a consumer attorney and see if they have committed an fdcpa and mabey a fcra  violation.Could pay your alarm bill and a nice night out.

SKO Brenner American is a collection agency that specializes in the collection of past due debts that they purchase in large chunks for pennies on the dollar. The company is located in Baldwin, New York.

SKO Brenner Contact Information

SKO Brenner American
PO Box 9320
Baldwin, NY 11510-9320
800-645-3390

 

You could send a letter to sko brenner american,that you have had sevice issues with the alarm system just after it was installed, adt was notified in a timely fashion.The issues are still unresolved and you would like your money back. adt has a 6 month money back guarantee that they did not honor,you have been trying to get your money back for 9 months and for some reason they turned the account over to you for collections.For the reasons stated above i owe adt and sko brenner american nothing.I still want my money returned for the installation charge and the monitoring fees that adt owes me and the removal of any negative reporting to the credit bureaus . Please send remittance to my home address.Thanks MrSpanky(if you have it send a copy of the  6-month ADT Money-Back Service Guarantee Certificate )

Make a copy of the letter send certified mail return receipt

http://www.proandcontracts.com/2011/07/15/adt-home-security-services-terms-and-conditions/

 

http://www.adt.com/about-adt/legal/residential-terms-and-conditions/

 

ADT Money-Back Service Guarantee

If during the six months following installation we are unable to resolve any installation/service-related concern, we will refund the installation charge and/or any monitoring fees paid. See 6-month ADT Money-Back Service Guarantee Certificate for full details and conditions.

 

 

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My response to this letter would be in the form of a suit for fdcpa violations.

 

Not only did they not provide the language for the right to validate in 30 days they also made another huge mistake, they forgot the mini miranda statement also.

 

This letter is from a debt collector, and is an attempt to collect a debt, etc etc etc

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