Re: collection people that wont take a payment

Posted by CAK (66.140.213.75) on October 08, 2003 at 00:51:09:

In Reply to: collection people that wont take a payment posted by dont know on October 07, 2003 at 22:05:17:

Dispute the full amount and ask for validation per FDCPA Sec. 809 (b) within 30 days of your Certified Return Receipt. That is your right. Advise, them that this validation must come from the Original Creditor and not from their own files or computer printout. Try to always stay in control of your situation and not allow control to slip away in favor of the Collection Agency. In other words force them to comply with FDCPA. They may decide to move on to someone else that would be easier to collect from. If the CA does not validate your debt as stated above, you have them on Sec. 809 (b) obviously for not validating the debt. If the debt is say 2 to 3 years old, I would add a Cease and Desist Letter as well as a letter of validation. Most CA's do not Cease and Desist. They usually send more letters that are computer generated. Thus violating Sec. 805 (c). If this happens you are most certainly in the drivers seat. You probably have enough leverage to zero out your debt with them. Make sure that you ask for the terms of assignment and/or sale of the debt. Just to make sure they can legally collect this debt. These are only suggestions, as your situation may not allow you to do any of these.

How old is the debt and how much is owed?

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