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  1. #1
    Join Date
    Apr 2010
    Posts
    3

    Default Debt Verification and FDCPA Violations

    Hi all,

    Need some advice as to how to handle my current issue...

    Long story short, a student loan that I *thought* was consolidated along with my other ones turns out...wasn't. It's not a HUGE amount, but not the kind of money I just have lying around, and I would like to know that the CA (PentaGroup) even has claim to collect for the original creditor.

    It all began when my boyfriend got a call from them asking where I could be contacted. Keep in mind, this was the FIRST I'd ever heard of these people. No letters, calls, or anything from PentaGroup or even the original creditor. He told them that he was not in contact with me anymore and to please stop calling. I then called them to inquire about the matter myself. The woman I spoke to kept telling me that she was just trying to help because "they're getting ready to sue you." (FDCPA violation, no?) I told her that I wanted two things...a debt validation and that I was formally asking that she not contact anyone else regarding this debt, including my employer, from now on. I gave her my cell phone # and current address.

    Fast-forward about a week. I get my 'debt validation', but there are no statements, no promissory note signed, no notice that they even own the debt. I was about to send them another DV letter today asking for those items, until my boyfriend called me telling me that PentaGroup not only called him again, but also his mother. (Another FDCPA violation, correct?)

    My question is this...should I re-write my second DV letter to include the fact that they've violated the FDCPA 3 times now and that I know my rights? Not sure if it's advantageous to to that at this stage in the game or what, but I DO know I want them to stop calling others regarding this debt.

    Any help would be greatly appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Debt Verification and FDCPA Violations

    It's not a FDCPA violation to threaten to sue if it's true. It's only a violation if it's not true.

    How much do you owe? You failed to follow the instruction to identify your state, but if you believe you have bona fide FDCPA violations and the amount they're claiming "isn't huge", a small claims case over those violations may be an effective gambit to get their claim waived or settled. But by the same token, they could counterclaim for the balance due on the loan, assuming it's neither exempt from the statute of limitations nor expired.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Debt Verification and FDCPA Violations

    It all began when my boyfriend got a call from them asking where I could be contacted. Keep in mind, this was the FIRST I'd ever heard of these people. No letters, calls, or anything from PentaGroup or even the original creditor. He told them that he was not in contact with me anymore and to please stop calling. I then called them to inquire about the matter myself.
    The woman I spoke to kept telling me that she was just trying to help because "they're getting ready to sue you." (FDCPA violation, no?
    ) Not if they are.

    I told her that I wanted two things...a debt validation and that I was formally asking that she not contact anyone else regarding this debt, including my employer, from now on. I gave her my cell phone # and current address.
    this is what the FDCPA says to calling your employer:


    (restricted from calling )

    (3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s
    employer prohibits the consumer from receiving such
    communicatio
    Did you tell them your employer prohibited such calls?



    Fast-forward about a week. I get my 'debt validation', but there are no statements, no promissory note signed, no notice that they even own the debt
    those are not requirements of a DV.

    . I was about to send them another DV letter today asking for those items, until my boyfriend called me telling me that PentaGroup not only called him again, but also his mother. (Another FDCPA violation, correct?)
    Depends what they say but it is not wrong under many circumstances.

    My question is this...should I re-write my second DV letter to include the fact that they've violated the FDCPA 3 times now and that I know my rights?
    You can but so far, you have not presented anything that is a violation. A couple things might be but not enough info to know one way or the other.

    Not sure if it's advantageous to to that at this stage in the game or what, but I DO know I want them to stop calling others regarding this debt.
    then pay the debt. While there are limitations to them contacting others, you cannot control who they call as long as they are abiding by the FDCPA.

    Start with reading the FDCPA. There are a lot of misconceptions concerning the FDCPA and you have expressed many of those misconceptions.

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