How does my case look?
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Posted by Fight Back!!
(172.165.28.106) on July 03, 2003 at 15:18:27:
I have a credit card with a well known bank that went into default due to my losing my job.
This bank assigned the account to a collection agency.
This collection agency then sent me the standard form letter advising me it had been placed with them. This collection agency then CALLED MY NEIGHBOR (gawd knows how they got his name and number seeing he just moved in), gave HIM the name of their collection agency..My CASE #...the collectors name..and phone number..and asked my neighbor to bring me over the note and ask me to contact this agency. In my opinion, this is a gross violation of the fair debt collection practices act. Not only was this agency not seeking location information but they had my address and phone number. I guess they tried to get me a few times but the line was busy so tried this other route instead. What I was considering doing was sending this agency
a certified letter outlining what occurred, citing the FDCPA, attaching a copy of the note my neighbor gave me, demanding a payment of ???? (you can help me fill in the ?? ) within 30 days, giving them an opportunity to explain on what legal basis they shouldn't be held liable, and advising them if payment wasn't received within 30 days, they're going to be taken to small claims court with a filing here in my county seeing this is where this incident occurred. (the agency is out of state). One question I have is the following paragraph in the FDCPA excludes the following type of party from being termed a "debt collector"... "(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation" And was wondering whether that could be applied to a company who is clearly an independant collection agency? Anyways, let me know what you think about my case and if you think i should proceed with this and if so, for how much should I agree to settle? Thanks!
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