History:
I defaulted on a CAP1 account over a year ago. I sent a DV to NCO. I never heard from NCO, but CAP1 then sent me to a collection attorney up-state. I then received a dunnign letter from the legal firm and sent a DV. This was about 60 -90 days ago.
A few days ago, I get a letter acknowledging they received my request and were working to fulfill my request for verification of debt. The letter went on to say how these things can take time, etc. The letter also stated that I could always feel free to contact them in the meantime to attempt to work through this. While I appreciate the notice that they are attempting to fulfill my DV request, the remainder of the letter seems to clearly violate the FDCPA related to continued collection efforts. This particular firm has been in the press with articles discussing their somewhat shady collection practices. They have had lawsuits filed against them for violations.
What I find amazing is why CAP1 didn't just go for arbitration.
There is a legal firm up-state who has sued these folks before, so I think I will give them a call Monday and see what they think. I also just drafted a letter to the collection attorney (actual attorney signed) informing them that I view their letter as a "continued collection effort" and their wording to be harrassment under state statutes.
I suspect that when they get the DV sent to me, they will immediately move toward service and suit.
Just thought I'd share this recent experience in case someone else comes up against such strange communication.
I defaulted on a CAP1 account over a year ago. I sent a DV to NCO. I never heard from NCO, but CAP1 then sent me to a collection attorney up-state. I then received a dunnign letter from the legal firm and sent a DV. This was about 60 -90 days ago.
A few days ago, I get a letter acknowledging they received my request and were working to fulfill my request for verification of debt. The letter went on to say how these things can take time, etc. The letter also stated that I could always feel free to contact them in the meantime to attempt to work through this. While I appreciate the notice that they are attempting to fulfill my DV request, the remainder of the letter seems to clearly violate the FDCPA related to continued collection efforts. This particular firm has been in the press with articles discussing their somewhat shady collection practices. They have had lawsuits filed against them for violations.
What I find amazing is why CAP1 didn't just go for arbitration.
There is a legal firm up-state who has sued these folks before, so I think I will give them a call Monday and see what they think. I also just drafted a letter to the collection attorney (actual attorney signed) informing them that I view their letter as a "continued collection effort" and their wording to be harrassment under state statutes.
I suspect that when they get the DV sent to me, they will immediately move toward service and suit.
Just thought I'd share this recent experience in case someone else comes up against such strange communication.