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What to do about this? (Anyone please help, Whychat?)


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Posted by Helen (64.136.26.235) on May 03, 2004 at 16:48:28:

Let me start about by saying I in California. I obtained two celluar phones last year (Nov 2002) through an independent dealer that set me up with Cingular. I bought one for myself and one for my husband. My husband was extended on his deployment due to the war with Iraq and I asked Cingular to suspend one account until he came home. The did for one month and then stopped as he was not on the account. Additionally, I never received my rebate from the Independent dealer (Approx. $120.00). After much hassle, I cancelled the account. Cinular tried to charge me $300 ($150 per phone), but dropped the charges after I explained my situation. The Independent Dealer set the information to a CA with the intent of collecting $800 ($400 per phone). This is seperate from CIngular.

I sent a written notice to the CA and asked for validation of the debt and sent the contract which stated $400 per phone. There were additional charges and as per the advice on this board, I asked them to validate these debts. They never did. I sent them an offer of $200, which I believe to be more than fair. Never heard a response from the CA. A month ago I get a phone call from the Independent Dealer who is trying to collect on the debt. To make it short, nothing was resolved. Question, I sent the CA a cease and desist letter in my initial letter, does the Dealer fall into this?

Additionally, I have the CA on what I believe is three charges on the FDCPA.

1. Failure to properly validate a debt.
2. Failure to cease and desist as they (in addition to the Dealer) caller to collect on the debt. I have phone logs and an answering machine to support this claim.
3. Failure to provide the name and address of the OC.

The debt is not on my CR and I have talked to a lawyer, who stated to send in a settlement. The CA has not responded but I never received my 'green card' which was for a CRRR. I am again going to write a letter to the CA with a final offer. Any advice for me. I will send this letter out on the 4 of May. Thanks.




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