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    Dealing with collection letters

    What is the name of your state? California

    I have received a collections letter from UMA of San Francisco.
    This concerns a mailhouse that thinks I asked them to mail a 1000 mail peices a week, when in reality I paid in advance , cash for only 1000 to be sent out. They mailed 1000 a week for 2 1/2 weeks before I got wind of it and stopped it.I thought I had made myself clear about only 1000, even by paying in advance for the 1000 mailers pretty much says it all. But they want to be paid anyway. The guy I spoke with even admitted that the fellow I arranged the deal with ( verbally, no contract) went on vacation right after and handed it down to someone else and there must have been some miscommunication. Obviously. But the accounting office wants their money.

    From my understanding, once a collections letter is received , I have 30 days to dispute this claim. If so, it is returned to the original company and no further action from the collection service. The mailhouse then has the option to start over with another collections service or try to sue me in civil court or probably small claims, it is for $1500.

    Is this a correct way of dealing with the collection letter? And if so, what must I be sure to include in my letter to the collection service?

    Thanks

    #2
    Please, Someone Help Me. I Desperatley Need Advise.....
    I Owe Three Major Credit Card Companies And All 3 Have Balances Of Less Than $1000.00 Each. I Have Been Paying Them On A Pretty Steady Basis.
    My Question Is, My Telephone Does Not Stop Ringing Throughout The Day And Without Exageration, I Must Receive A Call On An Average Of Every 10 Minutes Or So. Most Of Them Are 800 Numbers With Predictive Dialing.
    Is There Anything You Could Shed Light On For Me Regarding The Telephone Annoyance... Very Much Obliged,
    Fred.

    Comment


      #3
      Originally posted by highlanddet1
      Please, Someone Help Me. I Desperatley Need Advise.....
      I Owe Three Major Credit Card Companies And All 3 Have Balances Of Less Than $1000.00 Each. I Have Been Paying Them On A Pretty Steady Basis.
      My Question Is, My Telephone Does Not Stop Ringing Throughout The Day And Without Exageration, I Must Receive A Call On An Average Of Every 10 Minutes Or So. Most Of Them Are 800 Numbers With Predictive Dialing.
      Is There Anything You Could Shed Light On For Me Regarding The Telephone Annoyance... Very Much Obliged,
      Fred.
      A you saying that the creditors are calling you regarding your three credit cards? There really isn't to much that you can do, to stop them from calling you, unless they're calling you extremely early in the moring, or late at night. The majority of tactics available will only provide you temporary relief from the calls. You best bet is to negotiate an agreement with them, such as offering them few months worth of payments so that they'll stop calling you.

      Good Luck!
      The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

      Comment


        #4
        Fred, Don't know if it will do much good but I cut and pasted this from a website about the fair debt collection laws:

        [Section 806(5) prohibits contacting the consumer by telephone "repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."

        1. Multiple phone calls. "Continuously" means making a series of telephone calls, one right after the other. "Repeatedly" means calling with excessive frequency under the circumstances.]

        If they're calling every 10 minutes, it sounds like they're abusing this law and perhaps you should remind them of it. Also, you can actually send them a certified letter stating that you will no longer communicate via phone about your accounts and that all future correspondence from them must be via mail but I don't know how successful this tactic is!

        Lastly, if the calls are that upsetting and disruptive to your home life, you may want to consider that most phone companies will change your number to an unlisted for around $30. Sometimes it's worth it. However, remember one thing- when you call your creditors' toll-free numbers from home to discuss your account, your number shows up on a list that they get from their phone service provider! Just thought you should know that because it would be a shame to go to the expense of having your number changed and then to have them mysteriously get your number again. ;) Good luck Fred!

        Comment


          #5
          If you write them a letter stating that they are only to contact you by mail, or email, and they may not contact you by phone, then if they do so, that is considered illegal, and you can sue the credit card companies.
          BUSY running my own credit repair services! Sorry I don't stop in so often any more!

          Comment


            #6
            One thing you might want to try is a validation letter. Here is a link that outlines the why and how.. http://www.creditinfocenter.com/rebu...lidation.shtml

            If you read the sample letter at the link above, you'll see that there's a ton of info the CA must provide for you. I had to use it to remove CA action against items that were being reported to my credit report against which I had filed BK7. Send the letter Certified Mail return receipt. If there really is a discrepancy in the reporting, describe it in the first paragraph.

            Even if nothing transpires, at least you get to mess with the CA's!! BWaaa-ha-ha!

            Bill

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              #7
              Did you pay by check and put paid in full on it. Short of a contract this might help. Did you supply the mailing list or did they and did they mail to the same 1000 address every week? Sounds like poor business if they are mailing and keep billing you with out some kind of a contract or PO from you. Also check you state Better Business and see if there is other customers like you. It might be a pattern.

              Good Luck

              Comment


                #8
                To Danny's original question, is this a business debt? It sounds like a business debt; if so, the normal FDCPA rules don't apply. But you should write a letter to the collection company and CC the original company disputing the debt and explaining your circumstance.

                Comment

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