2 Year Old Dishonored Check (kinda long)
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Posted by jeje (12.228.113.159) on July 14, 2002 at 01:10:41:
Ever since I began this "three-hour tour" of restoring my credit, I've read that once you begin settling up other creditors will come out of the woodwork. Well, it finally happened. A local CA contacted me by mail (at my newly reported address) about a 2 year old bounced check (less than $300 total). On the bottom of the letter, they had this little "Affidavit of Service by Mail" with someone's initial's on it. (Oh, I'm soooo scared!) Anyhow, I got the letter and then a couple days letter I got a voicemail at work from the CA. She said her name (assuming it's her real name), made mention of a "reference" number, and left a phone number. I knew from the reference number what it was about. I called back and used the reference number. She asked me for my name. I said, "I think you know my name." "Yes, Ma'am. I do know your name, but I need your name to access the account." "Can't you do that with the reference number?" "Yes, but for some reason it's not coming up that way." "Well, that would be indicative of a problem, no?" "Look, are you going give me the information or not?" "No." "Fine. That's fine. I'll pursue a legal action then." "Don't call me anymore. I sent you a letter today. Goodbye."
When she left the voicemail, she never identified herself as a collection agent. When she answered the phone, she never said the name of the company. She seemed to threatened a lawsuit for a < $300 issue. Given the cost, what's the likelihood of that? And, if that's bullsh*t, isn't that a violation of something (false and misleading statements)--threatening to take action that you have no intention of taking?
That morning I'd sent a validation letter requesting the service contract bearing my signature and the returned check (front and back) bearing my signature. Should I wait for their response or should I follow up my validation letter with a notice stating how they violated FDCPA, that I have grounds to sue, and is it really worth it, etc. Thanks,
jeje
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