Continued Collection Activity

[Delta98]

I need some help finding some information that I know I read here but now can't find at all. On 07/18/2013  receive ce d 06/28/2013 (the reason it took so long to get to me is that they are mailing these things to a po box that belongs to someone else. That person forwarded it to me.) I sent a dv post marked 7/28/2/2013013  that was received and signed for on 07/30 /2013.  Today 08/16/20, I received a debt settlement letter dated 08/08/2013 on the back it clearly states "this is an attempt to collect a debt"  I have received no other communication from them.

 

Now, I know I read somewhere here that it is a violation of the FDCPA to continue collection after a written validation request has been received. I just can't find it. I am not sure if I should respond to this violation now or wait for the end of the 30 day period. Part of me wants to hammer them  right now but there is a little voice saying take this slow.  Advice on how to handle this is welcomed and direction to  any statues and or opinion letters or other posts on this matter would be helpful.

 

Thanks to all who have helped

 

  

[willingtocope]

The dates are a problem.  You have 30 days from the  time you receive a dunning letter to request  validation, ootherwise they can assume the debt is valid and continue collection.  I think, but I'm not absolutely sure, that your 30 days would begin on the date of the postmark on their envelope as opposed to the date typed on their letter.  (The last I read, they don't have to prove you got the letter...only that they have a procedure in place for sending it).

 

Now, since they sent it to the wrong PO Box, you may have a legitimate agruement...BUT...it would be up to the court to decide.

 

So, IMHO, you might not have a case...

[Delta98]

okay maybe  I was confused. The date on the letter is 6/28/2013 the date on the envelope post mark is 7/012013 I mailed my dv on 7/28/2013 30 days from the date of the letter. The green card signed by the  collector is dated 7/30/2013. So they received my dv 2 days after I posted it. 

 

On 08/16/2013 I received a collections letter from them offering debt settlement. I have not received any form of validation.

 

So in a nutshell I received the the letter in the po box of someone else on or after 7/01/2013 and I mailed a dv request on 7/28/2013 within the 30 day window. Right?

[willingtocope]

Technically, I think you're right.  You got in the 30 day window.  But, a judge might see it differently.  And, as to the wrong PO Box, the CA would probably just claim "bona fide error".

 

If it were me, I'd send another DV letter pointing out the wrong address and the dates involved and include copies of everything.  Then tell them to cease collections until they provide proper validation..."or, I'll be forced to review my legal options".  I don't know how they would respond, but at least you'd have documentation that you tried to resolve the issue.

[Delta98]

okay I can certainly do that. Does it matter that the first dv letter had my correct address on it?

[Delta98]

also a second dv request would certainly be outside the 30 day window, should I include a copy or just make reference to the first dv letter?

[willingtocope]

Did their offer for settlement go to the correct address?

[admin]

also a second dv request would certainly be outside the 30 day window, should I include a copy or just make reference to the first dv letter?

@Delta98 - I might just tell them that they violated the FDCPA (by sending you a second collections letter before validating and you validated within the 30 days window)  and see what they say.  

[Delta98]

Willingtocope

 

No the second letter went again to the wrong address. It is a po box that belongs to a business that I occasionally do some work for, it is embarrassing to say the least to have this individual bringing me these letters that are obviously from a collection agency. (or is it just obvious to me?)

[Delta98]

Admin

 

Would you advise I send the letter now or wait until the end of the 30 days they have to respond to my dv request?

[willingtocope]

Then by all means send them a letter pointing out that by continuing collections without validating AND by disclosing their efforts to a third party they have violated the FDCPA.

[willingtocope]

Admin

 

Would you advise I send the letter now or wait until the end of the 30 days they have to respond to my dv request?

 

YOU have 30 days to request validation...THEY can take as long as they like to provide validation.;

[ArtVandelay]

okay maybe  I was confused. The date on the letter is 6/28/2013 the date on the envelope post mark is 7/012013 I mailed my dv on 7/28/2013 30 days from the date of the letter. The green card signed by the  collector is dated 7/30/2013. So they received my dv 2 days after I posted it. 

 

As far as the 30 day window is concerned you should be fine. I researched the subject of mailed v received earlier this year dealing with an FDCPA SOL. Most, but not all, of the cases had opinions that sided with "when received".  If it ever comes down to it they will list it as a defense, but I doubt they will go much further. Its a very weak defense and I'm not sure they would waste the cost of a MSJ if its the only issue. 

 

Johnson v Riddle had an issue concerning suit filed v served, which is even easier to document than sending/receiving a dunning letter. The court sided with the plaintiff that the SOL started when the lawsuit was served. In your situation I see no way they could even try and prove when you received the letter. I have also received letters from JDBs that had a date more than two weeks before I received them. I'm not sure if this activity is intentional or if they just wait until they have a pile of letters before mailing them.

 

http://caselaw.findlaw.com/us-10th-circuit/1003351.html

 

Read: A. Statute of limitations

[Delta98]

oic I have a time limit they don't. Typical of the way things go in life. So at what point do they need to remove the inaccurate info from a credit report?

 

Pardon all the questions but I need to learn from you and others on this board.

[Delta98]

Artvandelay

 

Thank you for that information it is interesting and where I feel I may eventually end up at least filing a lawsuit against them it is good to gather as much information and ammunition as possible

[ArtVandelay]

@Delta98

 

The only information you have provided is concerning the mailing of the letters. You will need to give a little more detailed information so others can help assist you. 

[ArtVandelay]

Artvandelay

 

Thank you for that information it is interesting and where I feel I may eventually end up at least filing a lawsuit against them it is good to gather as much information and ammunition as possible

 

Yes.  Just make sure you document everything. Keep all letters, envelopes, green cards etc. If they call you keep a log of the times they called including taking a shot of the caller ID. I'm not a fan of talking with any of these people on the phone. In my opinion it is best just to keep recordings of any messages they leave.

 

As far as an FDCPA case is concerned it helps to have more than one violation. If found guilty they only have to pay for one, but the more documented violations the stronger your case. I also always consult and hire an attorney for an FDCPA case if needed. If its a good case most will pay your fees up front and the defendants will pay the attorney fees if you win/settle. At this time I would just wait and see what they do. @nascar might be able to help you locate an attorney in your area.

[willingtocope]

oic I have a time limit they don't. Typical of the way things go in life. So at what point do they need to remove the inaccurate info from a credit report?

 

 

There really is no time limit in the FDCPA regarding how long they have to respond.  And, as long as any tradeline on your credit reports is marked "in  dispute", they're not violating the FCRA either,

[Delta98]

okay

more info:

account is a credit account supposedly opened by me somewhere around 07/2012 it is an account with a catalog merchant and Webbank. I never opened any such account.

My CR shows payments made in July, Aug, Sept and Oct. of 2012 - I have never made any payments to this company.

I   contacted the OC to report fraudulent account  05/2013 this is when I first found the account on my credit report.

i never received any written communication from the OC

OC said they would mail paperwork to file a claim of fraud, they never did

I disputed the account with the CRA and have received the results of the dispute "verified, this account belongs to you"   6/2013

I talked to CRA - they said Method of Verification is eOscar

The OC then sold the account to JDB  not sure when

OC did not inform JDB that the account had been disputed as fraudulent

I received a letter from JDB on or about  7/01/2013

I mailed a DV on 7/28/2013 that included my correct address

I received a settlement offer letter from JDB on or about 08/08/2013- 08/16/2013  with the words "this is an attempt to collect a debt"

 

 

I am still working to get the OC removed from my  credit report

[ArtVandelay]

This is much more complicated than what I originally thought.  I just hope you contacted the OC in writing or it may be your word against theirs. 

You might want to change the title to one that reflects the real issue which is disputing fraud. More than likely the JDB may be in the dark on the real issue. Hopefully this will get the attention of others more experienced. 

[nascar]

I need some help finding some information that I know I read here but now can't find at all. On 07/18/2013  receive ce d 06/28/2013 (the reason it took so long to get to me is that they are mailing these things to a po box that belongs to someone else. That person forwarded it to me.) I sent a dv post marked 7/28/2/2013013  that was received and signed for on 07/30 /2013.  Today 08/16/20, I received a debt settlement letter dated 08/08/2013 on the back it clearly states "this is an attempt to collect a debt"  I have received no other communication from them.

 

Was the debt settlement letter dated 08/08/2012 also mailed to a PO box that belongs to someone else?

[Delta98]

ok so an update to this mess

 

8/16/2013  called the OC who has verified the account as belonging to me and was informed that the account was sold in March of 2013

they have no documentation everything they had was sent to the "new owner"

So how did they "verify" the account belongs to me if they have no documentation

verification happens in August of 2013 - OC admits selling account in March of 2013  just how does that work?

[Delta98]

nascar

 

Yes everything has been mailed to the po box belonging to someone else

[BV80]

Validation of Debts

 

1692g(a)(3):

 

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

[energizer]

web bank is "Bill Me Later" by Paypal? it shows up on my credit report as webbank inquiry.