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Question on Response to Cease and Desist Letter to PRA


creditrepairstan
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Hey guys,

 

Early last week I sent a refusal to pay letter/no contact letter to Portfolio Recovery Associates over a debt they admit is out of SOL on. They have been trying to collect this for a while now so I certainly didn't send a DV. Just a standard refusal to pay and don't contact me again.

 

Well, they responded to the letter (which I assume is completely legal) but they responded with debt validation.  They said they were responding otm y dispute and sent me a statement and say they have verified the debt (of course they did they're trying to collect it). The next line then says the account is being returned to the assigned representative who is collecting this account. 

 

Assuming this assigned representative contacts me again regarding collecting the debt I have a slam dunk violation do I not? Or is this just there way of saying they're going to leave me alone but they think the debt is valid? One last way of trying to get me to pay without violating anything?

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It very well could be some new employee "processed" your letter wrong.  You have a copy and the green card, right?

 

If they do try to collect, get the name of the person if you can.  Then "give them another chance" (because courts favor you more if you do) to understand you have send them a cease communication.  This letter would acknowledge they have made a "bona fide error" and they have an opportunity to correct it now (they might use "bona fide error" as an excuse in their defense to your FDCPA violation lawsuit).  Giving them the opportunity to correct it now helps take away that defense in court.  In this letter reference the FDCPA statute involved.  Make it look more like an attorney wrote it.

 

Be prepared to give them as many as 3 chances (this being the 2nd).  THEN if they still violate, sue them for 2 violations (or more if they do more before you get to file the suit).

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This type of behavior is standard operating procedure for PRA. They know exactly what they're doing.

 

Send a follow up cease communication letter, specifically mentioning, "since you've clearly ignored my first demand."

 

They do this kind of stuff to set themselves up for the bona fide error defense. See @Torden above at #2.

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@nascar - so you think giving them another chance is a good idea?

 

Yes, I do. They do these types of things specifically to bolster their claim of bona fide error, should the need arise. It's much harder to claim they've made a simple clerical error when they've ignored multiple communications, rather than one.

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