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Old 11-24-2004, 08:27 AM
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dalrex dalrex is offline
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"collection" letter...

Just received a letter in the mail from "Collection Department" from "Account Management Centre"...?? The only company name on the letter is the MasterCard symbol!! I may or may not know who this is from, according to the account number, but aren't they supposed to say what bank or financial institution??
The letter is a demand letter for payment in 10 days from the date of the letter. (letter was dated Nov 15 and was only mailed on Nov 19, and was received today Nov 24) Do they do this on purpose to scare people into thinking that they only have one day to respond or alternative action will be taken?!!
If there is court action, are they supposed to notify me of a court date, or can they just proceed without notifying me? I am sure it will just be sent to a collection agency, but should I fax something in asking for verification of the debt?? Obviously, I will not call the person on the letter, as I do not do business over the phone!!

Any suggestions?

DR
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Old 11-24-2004, 07:29 PM
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Camino Camino is offline
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Request Proof of Debt

Ask them to provide proof of your debt. Read up on this concept. Your debt will listed as your ALL CAPS COMMERCIAL ENTITY. Then you have to ask yourself.... is this me....did I knowingly with full disclosure (a meeting of the minds) accept this debt? Or was I deceived? Then educate yourself as to your remedies. No One can advise you or act for you, should you retain anyone to act as your representitive to this action. 1) If you need a lawyer.. the court will deem you as incomptent... an idiot. They will proceed against you as any predator would......you will be eaten. (deprived of your cash, as that is all they are after) 2) Proceed Sui Juris, Deny...Deny... Refute. They are offering a contract. Refuse.
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Old 11-25-2004, 08:51 AM
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Quote:
Originally Posted by dalrex
Just received a letter in the mail from "Collection Department" from "Account Management Centre"...?? The only company name on the letter is the MasterCard symbol!! I may or may not know who this is from, according to the account number, but aren't they supposed to say what bank or financial institution??
The letter is a demand letter for payment in 10 days from the date of the letter. (letter was dated Nov 15 and was only mailed on Nov 19, and was received today Nov 24) Do they do this on purpose to scare people into thinking that they only have one day to respond or alternative action will be taken?!!
If there is court action, are they supposed to notify me of a court date, or can they just proceed without notifying me? I am sure it will just be sent to a collection agency, but should I fax something in asking for verification of the debt?? Obviously, I will not call the person on the letter, as I do not do business over the phone!!

Any suggestions?

DR


See Baker v. GC Services Corp. 678 F2d. 775 (1982). This case spells out what is required for a demand letter under the FDCPA. If your letter doesn't meet these requirements, then you can sue the debt collector for damages.

Oh, by the way, if a collector threaten to sue you but doesn't intend to do so - that's another violation of the FDCPA you can sue them for. Definitely read the FDCPA 15 USC 1692.
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Old 11-25-2004, 09:45 AM
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Jerseee Jerseee is offline
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Great research Cute Chick!!! Now you're really doing it!!!
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