Help! I need to respond to creditor ASAP!!

[soleprop]

Then I took the coversheet and C&D letter taping the end to the beginning. I started that thing faxing to them, it ran until morning. I've never received another fax from this company.

awesome story - thanks for sharing!!!

[Bell30656]

A junk debt buyer called the switchboard for my company and got my personal fax number at the company. Then proceeded to fax me numerous copies of demands for payments with cover sheets and lots of extra pages. They would fax this stuff at night over and over each evening after 5 but before 8. When I spoke with them on the phone about ceasing the faxes their reply was that until the debt was paid they would continue all forms of collection activity to include fax communication.

The next night I went to my office after midnight. I wrote a cease all communications letter to them which I would mail certified the next morning. Then I took the coversheet and C&D letter taping the end to the beginning. I started that thing faxing to them, it ran until morning. I've never received another fax from this company.

I'm sure they were not happy in the morning with that pile of paper in the outbox... I figure it ran out of paper after 500 sheets or so.

[rockyroad]

Are you saying it does no good to DV on an agency trying to collect on a Biz line of credit for a sole prop?

[HHM]

It is business debt, my husband is a sole proprietor.

Then you might as well save your time and energy. Consumer protections typically do not apply to business debt.

[lookingforward]

It is business debt, my husband is a sole proprietor.

[HHM]

First, assuming your state even requires a license, there is usually an online registry you can search somewhere on your state's website (try your states Secretary of State first).

Second, if your State does in fact require a license and this CA is not licensed, you do two things. One, send the CA a letter requesting them to cease all contact with you (a cease and desist letter) and inform them that you are reporting them to your State Attorney General's Office; second, then report them to your State's AG office.

But let's back up for a second, you said they faxed over a bunch of invoices...is this debt by chance a business debt? If it the debt is a business debt, NONE of these rules or protections apply, so you are basically wasting your time.

[lookingforward]

Sorry. I have my head up my rear lately. You did say ONLY.

If they are in Canada and I'm in the US, how can I find out if they are licensed to collect in my state?

[HHM]

From the original creditor, lucky me.
Thanks for your response. Do they at least have to provide proof that they are licensed to collect in my state?

Nope.

That is info you need to find out on your own.

Umm...don't take this the wrong way but what part....

"The FDCPA ONLY requires" did you not understand exactly.

[lookingforward]

From the original creditor, lucky me.
Thanks for your response. Do they at least have to provide proof that they are licensed to collect in my state?

[HHM]

Big picture, what do you really hope to accomplish.

Also, they are not legally required to answer questions that are not part of what is required for verification.

The FDCPA ONLY requires them to provide you two pieces of info in response to a DV request.
1. The name of the original creditor
2. The amount due.

That is it.

Incidentally, how did they get your fax number?

[lookingforward]

I sent a DV letter to RecoverCorp, a collection agency. I used a sample letter which asked for the amount of the debt, the name of the creditor, verification or copy of any judgement if applicable, and proof that they are licensed to collect debts in my state. It also had a statement saying that they cannot add interest or fees except those allowed by the original contract or state law according to the FDCP act, and all the usual stuff.

They responded by faxing over 100 pages to my office showing invoices, etc. They faxed several times, repeating the invoices.

They are supposed to answer my letter by sending verification to me at their expense. Wasting all that paper seems like they did it at my expense. Are they supposed to be able to do that?

So I'm drafting a letter to send back. Since all they did was fax the invoices to me multiple times, I'm asking again for verification that they are licensed to collect in my state, and I'm asking how they came by the ridiculous amount that they are charging me for fees or interest. I'm still getting a statement from the original debtor. It still shows the original amount that I owe them.

The amount that the CA is saying I owe them is 8804.09 more. I was current in September. I can't imagine how that could accrue in less than four months.

Sorry this is so long, but how should I handle this at this point? Send the letter asking for the additional info that I originally asked for? Ignore them?
This is my first DV. I have avoided the other CAs, hopefully we're filing in the next few weeks. I was hoping to gain some time here.

Maybe someone is out there that actually knows what they're doing and can give me some advice, since I'm clueless here.

Thanks