Re: Wolpoff & Arbitration

Posted by Debt Diggler (192.138.150.250) on April 22, 2004 at 19:19:09:

In Reply to: Wolpoff & Arbitration posted by BigD on April 22, 2004 at 18:45:33:

Re #2 - It might be a violation of the FDCPA. After you send them a full C&D, they can only contact you one more time to tell you what they're going to do and/or what they're legally entitled to do (I'm paraphrasing). You need to check out the FDCPA and see for yourself. You need to distinguish between the "final letter" and yet another attempt to collect. Keep a copy of what they send you, either way, and show it to an attorney. It sounds like they may have violated it with the "let's try to work things out" tone to it.

Below is a snippet of the relevant part of the FDCPA:

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Follow Ups:

Post a Followup