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I'm sure some of you remember the thread I posted not too long back where I talked about how we are suing a CA. Well, we are about to sue another one.

This is a local CA to me. Small-time, mostly medical collections. They contacted me and claimed that I owed them $209. A little checking finds that they reported to my Experian file. So, I dispute with the CB. The very next day, this CA calls me:

"We see that you filed a dispute with Experian because this debt is listed on your credit report, how would you like to pay this off today?"

I told the lady on the phone that I wanted this debt validated. This is exactly, word for word, what she said to that:

"Well, we're just going to stamp this dispute "unpaid collection" and fax it right back to Experian, and thats all youre gonna get on this."

So, when I explained the FDCPA, and validation vs. verification, she again refused to send anything, saying, "I told you, thats all youre getting from me"

So, no validation. They verified the debt as unpaid collection on my report. That was February 13, 2008. I get my new Experian report, and wow, there they are still. She was right--they did verify it. They also didnt report it as "disputed by consumer", and while they claim the debt originated in 2005, the report states that the account was opened when they were assigned the account. Both of those are FCRA violations.

Of course, I contact Experian and dispute it again, informing them that this collector has been asked for debt validation in accordance with federal law, but has refused to provide it. That means they cannot legally continue reporting on my credit report. Experian sends them the dispute notice, and once again, I get a phone call. Wasnt home when it came though. They called twice yesterday, leaving voicemails about how I must contact them "before noon tomorrow" about this "very serious personal business matter"....Well, some of us work for a living, so I was unable to call them before they closed. Oh, thats another wierd thing--they are a collection agency, yet they close at 4 PM each day, except for Fridays, when they close at 1 PM. Wierd.

I checked my Experian file tonight. They already sent the dispute back, verified. So it is still on there.

So far, they have done the following:

1--continued collection calls while ignoring a DV request

2--incorrectly reported the "date account opened" information on the report

3--did not state in their report that "account disputed by consumer", an FCRA violation to leave that out.

4--continued collection activity by updating my credit report entry while ignoring DV request

5--specifically told me that they were not going to/didnt have to validate a debt

I think we have our next contestant!!

Posted: Tue Apr 01, 2008 7:52 pm Subject:

Sick em' Jon!!!!!!!! Laughing

Guest · Posted: Tue Apr 01, 2008 8:57 pm Subject:

GO GET'EM SKY!!!

Posted: Wed Apr 02, 2008 3:56 am Subject:

Looks to me like they just outsmarted themselves. Very Happy

Posted: Wed Apr 02, 2008 6:34 am Subject:

Outsmarted? More like Out-Dumb-Assed themselves!

Posted: Wed Apr 02, 2008 8:26 am Subject:

Nail 'em!

Posted: Wed Apr 02, 2008 9:57 am Subject:

Posted: Wed Apr 02, 2008 10:04 am Subject:

Have you sent them a DV letter certified mail?

New

Posted: Wed Apr 02, 2008 4:12 pm Subject:

I didnt send them anything in the mail, I stated on the phone call that I was demanding validation, and even though it was not sent in writing, that the recorded telephone call would suffice as proof that I informed them of this request. Her response was "I'll make a note of that, sir." and nothing else.

I have consulted with my attorney and I have been informed that even though the request was made verbally, it should still hold up in court, because I have recorded the call, and therefore I can prove that a debt collector from this CA received my request, and flat out told me that I am not going to get the debt validated.

Posted: Thu Apr 03, 2008 5:23 am Subject:

I can't wait to hear the outcome of this one Jon. Good luck!

Posted: Thu Apr 03, 2008 9:19 am Subject:

But I think the law specifically states the request must be in writing. What can it hurt to send a CMRRR? That 5 bucks and some change can only help your case further, since you not only have a verbally requested validation, but an official written one, it will be quite clear they have no intention of honoring the law or your rights..it could only help you. Smile

Posted: Thu Apr 03, 2008 2:45 pm Subject:

the law also allows for no deception whatsoever, and when you ask them, be it by phone or in writing, for validation, it is 100% illegal for them to tell you they cannot, tell you they wont, tell you it isnt allowed, tell you "thats all youre gonna get", or anything else other than "yes, we will do that for you". The law does not allow them IN ANY WAY to deny a consumer their right to validation. So, no matter how I notify them, I have this lady using deceptive practices in an attempt to collect on a debt. That combined with the fact that I can prove that I asked for this validation and they refuse to provide it puts them in one smelly creek with no paddle.

Posted: Thu Apr 03, 2008 2:52 pm Subject:

...especially considering the fact that they "validated" it to Experian.

Posted: Thu Apr 03, 2008 3:47 pm Subject:

verified it not once but twice....

as for the written notice, the law is designed to be measured by the "least sophisticated consumer" standard. That means, when a CA tells someone something, they look at that law, and look at what the CA has done, and then think, "what would the least sophisticated person think as a result of the CA's action/statement?"

A good example of this is in the letter that these idiots sent to me, came in the mail just today. The letter says: