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Got a quick question: Visa Buxx or Allow Card by Discover Card? Many thanks for any comment. Second question.. Here's what I have sent, using the KISS(Keep It Simple Stupid) method:. |
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Good question... I dunno what is the answer to your question. I'll do some research and get back to you if I discover an anything. You should email the people at Discover Card as they probably can answer it..
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It isn't about going to court with only one letter...it is about the matter going AWAY with one GOOD letter. Why drag something out more than a couple of weeks? It makes no sense whatsoever. My time is more valuable than that...time wasted with repetition in correspondence is time not spent in the air or in a casino or in a golf course or at a basketball game or enjoying a good steak or lobster (or both) dinner. Hell, it is possibly just time that takes me away from my cats...and unhappy cats can make for an ugly house in a hurry...
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Hehe.... ok ok... point taken....
Wait a minute.."...casino or in a golf course or at a basketball game or enjoying a good steak or lobster (or both) dinner." You married?????.. |
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Nope...happily single (and still only playing for the home team if ya catch my drift)...
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Now i'm in love. Well if you ever need practice on your swing, give me a buzz......
But thanks for your help on this thread though (serious note).. |
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True.. but we all know how CA's are regardless of what error's we point out to them, they will still send out bogus information(if they send out information at all and expect us to accept it at least some of them anyway)...
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I disagree...most of what I was involved with, whether on letterhead or not, was a one-and-done. I usually did everything but offer to make their reservations at a hotel closest to the courthouse. Nobody ever wanted to play...and that also held true in the cases of friends who came to me for assistance...
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I am going to have to agree with Beli on this one. There has been many times where I have sent STRONGLY worded letters, outlining each of their violations, each thing I requested (which was required under Federal and State law) and specifically what I disputed. Most of the time, the TL sits on the CR and does not even get listed as in dispute..
Secondly, in my mortgage case (which we ended up settling), not only did I send them a very strong initial letter, I ended up sending them 5 additional letters. Those letters they ignored and we ended up in Court and fought for nearly a year. It is not always as easy as sending an initial letter and the issue getting taken care of. If it was that easy, then boards like this would not exist. While I can't disagree with tactics you have used in the past, I know they do not always work for members here... |
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First of all, thank you for the great input - this is one of the more informative threads I've read on CB in the recent past. To continue on the idea of specificity in the dispute process - does the fact that one is within the 30 day window and the account is not being reported to the bureaus factor in?.
The reason I worded my dispute so vaguely yet hitting the dispute button was to see what information this particular junk debt buyer could acquire about the account.. It sounds like there's a much better way of doing it, though. I'm just not seeing it. I suppose one could dispute the amount, but doesn't that then imply that some debt is owed? Lead me, I want to learn!.. |
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IMO, within the first 30 is the ideal time to ensure that you shoot with both barrels. It makes it MORE likely that they will not do anything..
No. disputing the amount does not imply anything. Think of it more as the written equivalent to arguing alternative defenses. I've posted Racehorse's example of alternative defenses regarding a dog bite claim in the past and the same sorts of arguments can be made in debt matters. It comes back to looking big picture, end-game or whatever other viewpoint term applies to looking multiple steps ahead... |
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It has ceased to be a debt subject to collection once it is paid...what specific element of a PAID matter are you trying to bring under the statute?..
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Nothing specifically, I was just a little confused on that point..
I have a paid collection that seems to be reporting 100% correctly, but I want to try and get rid of it anyway... |
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I'm going to go back and read the rest of the posts, but here's my thing. My lawyer said that when I fire everything off in the first letter, I sound angry. He said the judges won't like that. I don't know HOW it sounds angry but...In fact, I posted the one to Portfolio for DS on here and he was speaking of that letter. He prefers for me to keep it short and sweet. He also thinks that it makes the ltd C&D null and void basically because I'm disputing everything in there.
The C&D was in bold black print. If I'm disputing something, there's no reason to callsend a letter. I feel that as was stated, there is less room for errors if you've thrown 95% of the stuff out there that they are doing wrong. How are they going to argue in a court of law for bona fide error defense when it's all there in black and white (literally)? I would hope a judge would see it and say, hey, they told you that you were listing as an open acct, they told you that you listed a past due balance, etc etc... |
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FCRA - Fair Credit Reporting Act.
FDCPA - Fair Debt Collection Practices Act.. |
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Centex, can you be more specific on your "one and done" letters?.
Do you suggest hitting the CA with their violations in the first letter along with the DV? (This is how I got rid of LVNV, but I don't know that it will work with others...).. |
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Put all of the cards on the table- if there were violations to that point, include them in the letter. Let's face it...if the case is strong enough, then it does not matter that they know what plays you intend to run. The GOAL is to make the matter go away. Why send more than one letter and drag things out if you can clear it from the desk in the first letter? Most of us on the board have lives....
Examples of what I have used in the past appear in the Texas mother thread...although there are certainly things that I would tweak in them if I had cause to use them now for anyone. Those are all largely five years old and older..... |
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How does one approach this after initial 30 days? Would one use the same tactic or different?..
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I'd like to know that too... getting ready to send a dv to a ca and I'm past the 30 days for a charge off that happened in sept. 09. Had I come to these boards sooner, I wouldn't be in this mess!..
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Scrappy, you are here now and that's what matters.
Centex, much thanks!!. This post has been edited by cfj503: 27 January 2010 - 07:49 PM.. |
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IMO, the approach would still be essentially the same, but there is no requirement that the third-party cease collection activities. That changes he rules of the sandbox a little bit. Also potentially changing the landscape is if one has State laws that have more teeth than the federal statutes.....
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Centex, does that mean that if I send the DV letter after the 30 days- requesting them to cease telephone communication- and they do not cease this form of communication, that I'm no longer covered under FDCPA and that they are not in violation of FDCPA?..
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The notion of a limited C&D is separate and distinct from the cessation of collection activities that follows a timely dispute. The LCD basically says "hey, you can not call me but you can send crap to me by mail.' A timely dispute requires that ALL collection activity cease until such time as the federal statute has been satisfied relative to the dispute...
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Centex, I'm sorry to bug you- I am in huge fear of sounding like a complete idiot - due to lack of basic comprehension skills. Some of this is like greek to me!.
If I send a full c&d letter that is past the 30 day time frame, do they have to stop the calls? If I send a limited c&d letter that is past the 30 day time frame, do they have to stop the calls? I seem to keep getting conflicting information on the boards. I've read til' I'm blue in the face, I just need to know which is the right route to take, or if because I'm past the 30 days I'm just screwed and have to deal with the calls whether I demand they stop or not. I am sending a letter tomorrow, just trying to figure out if it should be limited or a full c&d. I want the calls and harrassment to stop- but because it's past 30 days I don't know if they are still in violation of FDCPA guidelines... |
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If you send a full C&D, they can contact you one more time to tell you what they intend to do. An in-statute full C&D is often an invitation from the consumer for the summons to be sent.....
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Thank you Centax. In my situation, can I ask what you think I should do? Should I send a full or limited C&D? If I send the limited C&D- can they still contact me or am I not covered by this with a limited, past 30 day timeframe? I am trying to stop the harrassment and get my ducks in a row to start getting this taken care of... I understand that by disputing this with either a full or limited C&D I'm opening myself up to a suit- however, the calls need to stop!! I have been told they will contact everyone under the sun to get ahold of me, and have already started doing so...
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When I do send a letter, limited or full... do I need to cite any of the violations that have occurred during our conversations on the phone? After reading the FDCPA - I think there are quite a few, that is- if the rules still apply after the 30 day letter...
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