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No 30 day notice, gave me 5 days


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Haven't received a CL in awhile. This debt has been sold countless times. Today I receive a CL from one of the big boys here. It goes as follows:

 

Dear Sir/Madam:

 

You owe $2,xxx.xx to our client, Absolute BS, which is now the owner of your Crap  account.

 

If there is any reason why you should not immediately pay this debt, please notify this office within five (5) days of the receipt of this letter.

 

Your check for $2xxx.xx should be made payable to Absolute BS and sent to this office.

 

If payment is not made or if we fail to hear from you, this office will take the necessary steps to have Court action instituted against you.

 

Very truly yours,

 

Ralphy Boy

 

This communication is from a debt collector. This is an attempt to collect a debt.

Any information obtained will be used for that purpose.

 

That's it. No 30 day notice. Gives me 5 days. 

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This would be my letter back to them CMRR:


 


Dear Ralphy Boy:


 


I do not owe $2,xxx.xx to your client, Absolute BS, which claims to be the owner of a Crap  account.  I dispute this debt and request that you validate I owe any debt at all to your client.  You stated in your letter to me dated (date)


 


"If there is any reason why you should not immediately pay this debt, please notify this office within five (5) days of the receipt of this letter."


 


The FCDPA (perhaps you have heard of it) gives consumers 30 days from receiving a letter such as yours to dispute the debt during which you must suspend collection activities.  Your failure to notify me of this right and claiming and action which you cannot take is in violation of the FCDPA section 1692g(a).  Violations of the FCDPA give consumers the right to collect $1,000 in damages from collection agencies committing them.


 


Your check for $2000.00 for damages under the FCDPA should be made payable to Pissed Consumer and sent to my address within 14 days of receiving this letter.


 


If payment is not made or if I fail to hear from you, this office will take the necessary steps to have Court action instituted against you with a reputable consumer attorney who is warming up the forms for the clerk's office as I type.


 


Very truly yours,


 


Pissed Consumer


 


This communication is from a angry consumer. This is an attempt to validate a debt and collect damages for violations of the FCDPA.


Any information obtained will be used for that purpose.


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Did they not even try to slip it in on the back? 

 

I would not even let them off easy with a warning. Make them pay you, your attorney and the attorney that handles their federal claims. 

No, nothing on the back. Just one page, one return envelope.

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@Harry Seaward

 

I would say that the first sentence in the letter indicates that that this was first letter.

 

You owe $2,xxx.xx to our client, Absolute BS, which is now the owner of your Crap  account.

 

I've received these types of letters.  They usually say "as you are aware, we are the owners of your XXX account", but I don't see anything in the wording of this letter that would be contradictory to a claim that they sent an earlier letter.

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@BV80

@Harry Seaward

 

I think "which is now the owner" indicates that it's the first letter.   In my opinion, the word "now" makes the difference.

I'm not arguing whether or not this is in fact the first letter.  I agree that it probably is.  I'm saying if a consumer were to sue them with this single alleged violation, he/she would lose if the CA were to produce something showing they had sent a letter previously that contained the 30-day validation notice (assuming this "5-day" letter did not overshadow the 30-day validation period).  Look at is this way:  say OP acknowledged there was a previous letter with the proper 30-day notice, and the second letter 35 days later said "as you are aware, we represent ABC Portfolios which is now the owner of your account."  I don't see that the word "now" in that statement makes it appear as though ABC just bought the account.  I would read that as "oh yes, it's been sold 5 times and you are the owner (right) now until you sell it to someone else".  IMO, you have to apply the same logic to the OP's actual scenario with the assumption that ABC will claim they previously sent a letter with the 30-day notice.

 

I'm just trying to get everyone to be realistic about what has actually been said in the 5-day letter.  It's no where near a slam dunk and I think a responsible consumer attorney would turn it down if they see only what has been shown in the first post of this topic.

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@Harry Seaward, This is the first letter from this CA. I save everything. Looking in my file, this alleged debt has been kicked around for the past 3 years. This is now coming from the same CA I went round for round for a couple years ago with another debt and got them to dismiss with prejudice and delete from credit report. 

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Update. I failed to mention they had addressed this to my name plus my business name. They included in the business name "Inc". I am not incorporated. I am sole proprietor. 

 

A well know consumer attorney here said it didn't matter as they are assuming this debt is primary business debt.

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Update. I failed to mention they had addressed this to my name plus my business name. They included in the business name "Inc". I am not incorporated. I am sole proprietor. 

 

A well know consumer attorney here said it didn't matter as they are assuming this debt is primary business debt.

 

The attorney is right.  When you are a sole proprietor you ARE the business.  SP is the absolute WORST way to set up a business because you are essentially saying you are a business and it puts your personal assets at risk as you are discovering.

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The attorney is right.  When you are a sole proprietor you ARE the business.  SP is the absolute WORST way to set up a business because you are essentially saying you are a business and it puts your personal assets at risk as you are discovering.

True that, however there is very little personal assets. 

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@Harry Seaward, This is the first letter from this CA. I save everything. Looking in my file, this alleged debt has been kicked around for the past 3 years. This is now coming from the same CA I went round for round for a couple years ago with another debt and got them to dismiss with prejudice and delete from credit report. 

Yes, it probably is the first letter.  Can you prove they didn't send a previous letter that contained the (now irrelevant - see below) 30-day notice?

 

 

True that, however there is very little personal assets. 

Right, except that business (including sole proprietor) debts are not covered by the FDCPA, so none of what we're talking about here is relevant.  It is now on you to prove the debt was not used for business, and the debt collector knew this despite the fact that your name is the same as the business name.

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  • 1 month later...

Update: I sent them a Validation letter. I put in I elect Jams to resolve any disputes. Came back with a couple copies of account statements. Made mention of when this account was opened and charged off. Asked me to send them a copy of the Card Member Agreement showing my right to Jams. 

 

I almost missed this. In the first letter, it says ABC, LLC is now the owner of Crap One Account. In the response letter, it says NCFC is the current owner.  :hmmmmm: 

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I'll send a copy to attorney. He already has a copy of the first. I like how they ask me to send them a copy of the agreement. Shouldn't they have it? 

 

Its extremely doubtful any JDB will have a card agreement. Even the ones that engage in litigation sometimes pull one off the internet. Most of their resources are the same ones we have, but they usually don't put the same amount of effort doing research. 

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Lawyer says they are treating this as a business debt. FDCPA does not apply. OK, so do I reply with a copy of the agreement, or reply without it and state "This matter remains in dispute and my election of arbitration via JAMS stands." ?

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