First CA letter - question!

[CCsSuck]

The double dunning letter issue used to happen to me a great deal. Try not to think about it too deeply. Send NCB a DV request or C&D letter also. For about a year, I was probably mailing 2-4 DV/C&D requests per week. While there might be some sort of illegal/strange actions happening, you won't get far trying to force them to explain unless there is some national class-action suit and you are included (very unlikely.)

You now have a second job; writing out DV's or C&D's in your spare time. LOL

Now-a-days I just immediately send an all-out cease and desist. I finally graduated to goingdown's approach. I finally decided that I'm not paying them voluntarily, so why should I keep worrying about the CA's. If you can't, or won't, pay them, then tell them to FOAD.

I seriously doubt BoA has sold your debt as of yet. If you are curious, call the CA's on the phone and ask them. You can have a lot of fun. Better yet, call BoA. Funny thing about BoA is that after they truly sold my two cc accounts, they offered me a checking account. They were very straight forward and said, "No sir, you don't have any debt with us. You are more than welcome to open a checking or savings account." One day you might be a loss, but the next day you could be potential revenue. Very, very amusing.

I love the FOAD part, it totally made my day, lol! I've already got my DV form letter saved on the computer, so that's no big deal. I just wish it didnt cost almost 6 dollars to mail the damn things certified! Maybe that's what they're after? If they can't get us to pay, they might as well get us to spend whatever money we do have sending them mail, haha.

I realize that I caused my debt with a lot of hard decisions and also a lot of irresponsibility, but seriously, BOA is the devil! They turned my bad situation into a nightmare, so there is certainly no love lost there, lol.

[GoingDown]

I have often wondered about the logic of routinely sending of a DV letter to each new collection agency or junk debt buyer.

What do you hope to accomplish?

If it was for a very old zombie debt or for something you truly thought was not your debt or was truly for the wrong amount, then it makes sense.

If it is just a delay tactic for a debt that you are certain you owe, and it is a recent debt that is certain to have recent documentation to support it, all you are doing is making the collection agency or the junk debt buyer get one huge step closer to filing a lawsuit against you with all their ducks in a row-- they will have all the necessary documentation to win against you in court quite easily.

I used to do this, but after think about it, I have since stopped doing it. I want my debts to get sold over and over to junk debt buyers with no documentation, so at some point, if the zombie debt collectors come after me with a lawsuit, they will not have any documents to use against me in court.

All I send them now is a simple Cease and Desist letter to keep them from calling me, my neighbors, family, and any employers.

[GoingDown]

I love the FOAD part, it totally made my day, lol! I've already got my DV form letter saved on the computer, so that's no big deal. I just wish it didnt cost almost 6 dollars to mail the damn things certified! Maybe that's what they're after? If they can't get us to pay, they might as well get us to spend whatever money we do have sending them mail, haha.

I realize that I caused my debt with a lot of hard decisions and also a lot of irresponsibility, but seriously, BOA is the devil! They turned my bad situation into a nightmare, so there is certainly no love lost there, lol.

Why in the world are you sending them by certified mail?

Unless you intend to actually sue them for violating the FDCPA, it is a HUGE waste of money.

A simple 44 cent stamp will almost always work.

I have only had two collection agencies -- West Asset Management and Phillips, Cohen & Associates-- ever actually ignore a letter sent by regular first class mail. And then I sent it to them by certified mail. After that, West Asset Management still ignored my letter, and only after contacting the attorney general's office and having them send a letter to them, did they finally acknowledge my letter.

But the vast majority of debt collectors will respond to first class mail. Most of the time, when they receive a DV letter, rather than getting the requested info and sending it to you, they merely bounce the account back to someone else, and you will never hear from that particular collection agency again.

[CCsSuck]

I have often wondered about the logic of routinely sending of a DV letter to each new collection agency or junk debt buyer.

What do you hope to accomplish?

If it was for a very old zombie debt or for something you truly thought was not your debt or was truly for the wrong amount, then it makes sense.

If it is just a delay tactic for a debt that you are certain you owe, and it is a recent debt that is certain to have recent documentation to support it, all you are doing is making the collection agency or the junk debt buyer get one huge step closer to filing a lawsuit against you with all their ducks in a row-- they will have all the necessary documentation to win against you in court quite easily.

I used to do this, but after think about it, I have since stopped doing it. I want my debts to get sold over and over to junk debt buyers with no documentation, so at some point, if the zombie debt collectors come after me with a lawsuit, they will not have any documents to use against me in court.

All I send them now is a simple Cease and Desist letter to keep them from calling me, my neighbors, family, and any employers.

I actually hadn't thought about it that way, but at the same time, with a google voice number, I have no problem with them calling. I'm actually concerned that if I cut off their ability to call me that they'll turn around and sue me sooner. I guess the whole idea in my mind is to delay things as much as I possibly can by just "playing the game."

Why in the world are you sending them by certified mail?

Unless you intend to actually sue them for violating the FDCPA, it is a HUGE waste of money.

A simple 44 cent stamp will almost always work.

I have only had two collection agencies -- West Asset Management and Phillips, Cohen & Associates-- ever actually ignore a letter sent by regular first class mail. And then I sent it to them by certified mail. After that, West Asset Management still ignored my letter, and only after contacting the attorney general's office and having them send a letter to them, did they finally acknowledge my letter.

But the vast majority of debt collectors will respond to first class mail. Most of the time, when they receive a DV letter, rather than getting the requested info and sending it to you, they merely bounce the account back to someone else, and you will never hear from that particular collection agency again.

I suppose I could try first class mail for DV letters, but I haven't because you only have 30 days to request the validation from their first letter. Yes, I know NOT requesting the validation does not mean you agree its valid should you get sued, but as far as "playing the game" goes, I'd like to have proof that I requested it and was ignored. If they "never receive" the first class letter, I most likely won't have time to follow it up with a certified letter (that they'd still have an obligation to comply with or give up my file) . But, yeah, it costs a small fortune sending certified mail

[ValleYum]

I just used a padded mailer and the 75 cent delivery confirmation service from the USPS. Totaled around $1.50 rather than almost $6.00. Then I just printed out the confirmation from the internet and added it to my file.

[CCsSuck]

I just used a padded mailer and the 75 cent delivery confirmation service from the USPS. Totaled around $1.50 rather than almost $6.00. Then I just printed out the confirmation from the internet and added it to my file.

Nice! I've been meaning to look into what other services usps offers, lol. Thanks for the idea

[jwmc1]

If they are asking fir anything less than the full amount, it has not been sold, it is just a tactic to see if it will their payment.