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Author: DeltaOne81 Big gold star, 5000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308882  
Subject: Re: Capital One Never Stops Date: 4/27/2006 3:34 PM
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As I mentioned in a reply to DeltaOne, sending them the letter demanding the prove that was my debt seemed to put me on thier radar and that was when the delinquent reporting began.

Wait, I'm confused.

But before we get started. Collection agency (CA) is a company that tries to collect on debt. Credit reporting agency (CRA) is a company that just manages everyone's data on their credit reports - i.e. they're that ones that receive the reports. Okay, now we're on the same page.


Why did you write to 3 collection agencies? Did they all show up on your report? Did they all claim you owed them different debts? The same debts? Or did you just start randomly sending to collection agencies?

Did they contact you first or did you first see it on your report?

It seemed the situation with the first two went exactly as it was supposed to. And the third one lost the letter or something. There it was unfortunately your fault for not following up.

Did you send the letters certified mail? Did you ask for validation of the debt? If so, you have proof right?

It seems to me then that by the FDCPA, Section 809, part (b)... the Collection Agency has violated the law by continuing to attempt to collect the debt after being asked for validation without every providing it. That you dispute the debt, it is not yours, and they must either provide you with an attempt to validate the debt, or stop colleciton. Period.


So demanding they do something which I have no ability to enforce is really of little value. I think begging will get you further than writing a letter demanding something when all they have to do is throw out your letter. (yes I sent it registered mail too)

You absolutely can enforce this. You can take it to small claims court and get an order for them to cease and desist. You can contact your start Consumer Protection department of Attorney General's office. Furthermore you can send them a cease and desist letter, mentioning the above FDCPA section, and telling them that they either validate your debt or stop collection and remove it from your report immediately.

No, begging will not get you further. These are not your friends. They do not respond to emotions. CAs are closely monitored under the law, and telling them that they are violating the law can get them in deep trouble. Begging makes you sound like you don't know that you have the power. Quoting the law makes them run scared.

And glad to see you do have proof of mailing, which I didn't notice at first. Use that to prove that they must stop all collection of the debt until they can validate it (which they can't do because its not legit), as you already sent them a letter.


You have the power here, seriously you do. You just have to fight for it a little bit. You're talking about how you want to have all these rights - when you basically already have them. So use them!
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