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     | Wednesday, March 08, 2000 - 06:32 am  I sent a local collection agency a letter requesting them not to contact me about a debt. This letter was sent on Jan 8th 2000. Certified. On March 2, 2000, I got another letter. What do I do now. Can I sue ( How)? Will I win? What do I sue for?. Rather than suing can't I use this violation in my favor if so how? The debts only 145.00 but they are refusing to remove the entry from my credit report. So I ask them to stop writing and that I would talk with the original creditor. STeve
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| | Wednesday, March 08, 2000 - 06:46 am You never mentioned whether or not the debt was a valid debt of yours. A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed (cited from the FTC web site). Is it your debt? Is it valid? You never mentioned that. Of course they are refusing to remove the entry from your credit report(s). It's your debt. It's valid. And they are not bound by any law to remove your derogatory information. They CAN, but they don't HAVE to (assuming, again, this is your valid debt). You have a valid debt. Sending a letter doesn't stop them from collection activities so long as they are within the FDCPA regulations. And as long as it's owed, WHY would they NOT 'refuse to remove it from your credit file'? What are your grounds for suing them?
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| | Wednesday, March 08, 2000 - 06:55 am Anonymous is completely wrong. If you instruct a collection agency not to contact you in regards to a debt they are permitted one and only one further contact to indicate what action they will take. For example if you write telling them not to contact you they might write you back saying, "Very well, we don't write you anymore but we have retained an attorney who is seeking a judgement against you." They should not just continue to write making offers of settlement or say that it's very important for you to call them, or whatever. You are entitled to sue and receive up to $1,000 in punitive damages plus reasonable court costs.
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| | Wednesday, March 08, 2000 - 07:55 am If I'm wrong, then you need to tell the FTC that they need to change their web site. The FTC (and I) said "resume collection activities if you are sent proof of the debt". Do you understand what "resume collection activities" means? Obviously not. Did I ever state that they can "contact you (after C&D letter is sent to them) and harass you and be obnoxious outside of the law?" No, I did not. I said "RESUME COLLECTION ACTIVITIES". For Christ's sake, Sean, I even HIGHLIGHTED the word activities to specifically define the usage. Bone up, Sean. Read what someone writes and use a dictionary or some other form of reference before calling someone a liar. The point I was making was that he should not run to the nearest trial lawyer's office and file suit because a collection agency has contacted him on a valid, owed debt with the intent to get some money out of them. That would be ignorant.
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| | Wednesday, March 08, 2000 - 08:03 am I carefully reviewed my post for the word 'liar' and failed to find it. According to the FTC Website: You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action.
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| | Wednesday, March 08, 2000 - 08:14 am I carefully reviewed my ORIGINAL post for "a debt collector can CONTACT you", but failed to find it as well. But that's what started this. Your quote is accurate. But it has nothing to do with what I stated. And you cleverly failed to print the third paragraph below it: A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed. Sound familiar ??
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| | Wednesday, March 08, 2000 - 08:50 am You are misinterpreting the FDCPA. I suggest you read the FTC Commentary specifically Section 805(c).
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| | Wednesday, March 08, 2000 - 09:20 am (1) I never interpreted it in the first place -- I quoted the FTC site, verbatim. (2) You are totally off the boat. You referenced something that has NOTHING TO DO with resuming collection activities. It has to do with whether or not one can CONTACT him. I NEVER said they COULD (see message above). I said: You have a valid debt. Sending a letter doesn't stop them from collection activities so long as they are within the FDCPA regulations. AGAIN, where in that did I say "they can contact you or call you or write you?" Collection activities are much more than a phone call or a letter. You obviously can not read nor comprehend. Enough said.
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| | Wednesday, March 08, 2000 - 01:40 pm Hey Anonymous, the way you put it "Sending a letter doesn't stop them from collection activities so long as they are within the FDCPA regulations" is confusing. Well in Steve's case, the collection activity was another letter. This is a violation under FDCA. Steve, send them another "cease and desist" letter, and notify them of your intent to file a complaint to the FTC and the American Collector Association. However, if this is your debt, the original creditor could hire an other collection agency. All of this does not relieve you if this debt is yours. It will remain on your credit report for 7 years. Oh Sean, if the collection agency does not plan to sue, they can not state that they will.
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| | Wednesday, March 08, 2000 - 01:40 pm Geez, I almost hate to jump back in here, but Anonymous: yes the debt is valid. But the letter they sent did not show any proof of the debt, so I assume they do not have the right to contact me.
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| | Tuesday, March 14, 2000 - 07:54 am Brighter note: I rec'd a letter from a 7+ year old debt. Collection agency for a department store. The debt was beyond the 7 years for reporting (not on my reports) and well beyond the statute of limitations. They claimed I owed the $132 bucks and send it there (enveloped included). I sent a nice, certified letter back to them, indicating the debt was past the SOL and that they were in violation of the FDCPA (the violation: their letter stated "YOU HAVE AN OBLIGATION TO PAY THIS DEBT"). Two weeks passed, and I received another letter from them. I was expecting another "you owe, pay here letter". I was surprised. It stated that my letter was received (I have the return receipt they signed - duh!) and that they were "officiall closing their collection attempts" and forwarding my correspondence to the original creditor, and that nothing was or ever would be reported to the CRA's. It's nice when a collection agency follows the rules and respects the law after only one attempt at collection of a non-collectable debt ... :)
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| | Wednesday, March 22, 2000 - 07:12 am Not to change the subject, but I am dealing with a collection agency who, is claiming that my husband was overpaid by the military when he got out. This was two years ago and we are just now hearing about it. They want the original debt $516 plus $200 interest and fees, they want $100 per month that I am not able to pay. I don't have a problem paying the $516, but what do I write to them? I am very confused.
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