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Cascade Receivables Management, LLCCollection Tactics

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a verified customer
Verified customer

I received a collection letter from Oxford Law, LLC, for their client Cascade Receivables Management, LLC. This law firm is demanding that I pay the balance of the listed 'debt' in full because "I've had ample time to pay"... This was the first contact from either Cascade Receivables Management, LLC, or Oxford Law, LLC, as illustrated by the 30-day validation notice on the letter that is required on the initial collection letter, per the FDCPA. The 'debt' listed as, originally, a Bank Of America account (type of account not stated), along with the original BOA account number...I've never had an account with BOA, A fact I verified by simply using the 'BOA Account Number" provided.

The FDCPA is interpreted using the 'least sophisticated consumer' standard of reasoning, when it comes to what is considered a violation of the FDCPA. The letter I received, on the law firms letterhead, demanding payment in full, looks, to the unsophisticated consumer, like (A) the debt is valid, and (B) the agency listed has a legal right to demand payment from them, and (C) they are about to be sued if they don't pay up! Devious ploy to bilk an unsuspecting person to pay a debt they may not actually owe? You decide...

RESOLVED

In this case, the 'debt' wasn't real, so, I asked for two pieces of information I knew wasn't available: 1. Proof that the 'debt' is real. 2. Proof that Cascade Receivables Management, LLC has legal standing to demand a penny from me. Do NOT sign the letter*, type it. Keep a copy for your self, and send the request certified mail with return receipt requested. That way you have proof that they received the request. Without the above information, there is no case. They know that, and when you ask them to provide it, it tells them that YOU know it too. When they don't have the proof, they will slink away, which is what they did here. Note: When dealing with a debt buyer, if you recognize the debt or not, do the following, in order, upon first contact by the debt buyer: 1. send a letter stating that they are not allowed to contact your by any other means other than the U.S. postal service. Provide your physical mailing address. Do not sign the letter* Send the letter certified with return receipt. 2. Send a demand for validation letter asking for the two things I listed above. Do not sign the letter* Send the letter certified with return receipt. 3. Become familiar with the Federal Debt Collecting Practices Act (FDCPA). Just because you recognize the debt does not automatically mean the debt buyer has a legal right to your money! Doing these things tells the debt buyer that you know what you are doing and will usually look for another target. *There have been cases where debt buyers use your signature on demand letters, etc to 'proof up' their claim by unlawfully create fake documents and 'paste' your signature (from your letters) on them. This is why you NEVER sign correspondence with a debt buyer.

Responses

  • Always be alert Feb 22, 2013
    This comment was posted by
    a verified customer
    Verified customer

    UPDATE: I responded to the collection letter with a validation request. Since I know the debt isn't legitimate, I requested two pieces of information that I know doesn't exist. I requested proof that the 'debt' was valid, and proof that Cascade Receivables Management, LLC has legal standing to demand a penny from me. Within a few days, I received a letter from Oxford Law, LLC stating that they deleted the account from their records. Know your rights, and you can beat dishonest ### debt collectors!

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