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Calls from a CA, no letter


Drake Savory
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A collection agency has been calling about a debt I owe a school - not a student loan but tuition difference because they charged me non-resident when it should have been resident.  I have never received a letter from them and I don't know (yet) if they are reporting.

 

1)  Any FDCPA violations?

2)  Did the 30 day DV window open when they called or when I receive my (as of yet non-existent) letter?  If the first, it was more than 30 days ago so should I stop waiting for the letter and send them a DV letter?

3)  I believe there are constitutional issues involved (resident vs non-resident) but hiring an attorney would cost more than the tuition difference.  Assuming they have not violated FDCPA and they validate or whatever, is that something I should go to court over, in effect saying "I owe you $X, not $Y as you claim."?  NB: if so and if it gets to that point I'll head over to the proper forum.

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They have 5 days to send you letter after initial communication. 

 

If this is as simple as resident vs. non resident, you should easily be able to correct this with school by showing proof of residency. Have you tried to address this with the school? If not, why not?

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I did relying on Saenz.  The school cashier claimed Saenz did not apply and therefore charged me non-resident fees.

 

So is not sending me a letter a violation and if so would now be the time to file a $1000 suit?  If so, how do I prove a negative (no letter) and should I send the DV letter stating they should have sent the letter?

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They got 5 days to send it, and then the post office will take their time to deliver it, but even if they don't send it if you sue you got to prove they didn't send it, they just got to show they got a way to send those letters, so it will be a long shot.

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