Help! I have something on my credit report
Date: Sat, 08/18/2007 - 00:20
Also, I had posted a while back about a collector trying to sue me. Thanks to all your help, I was able to go to the courthouse and file an answer putting many things about this suit into question. I was wondering what happens next? Do they have a certain amount of time to actually inform me as to weather or not they are going forward? How will I know what the result is, or do I have to just sit here and wait forever wondering if they are going to follow through with suing me? This is stressful. Thanks for your help.
The item must be verified by the CA as well as the credit bureau
The item must be verified by the CA as well as the credit bureau when you are disputing an item that you find is incorrect. You have the legal rights to ask for the results of investigation from the bureaus. If they don't seem to give you proof and you are sure that the item is reported unauthorized, consult an attorney who deals in lawsuits of fdcpa violations.
hi jamie-- ok, you actually have covered your bases very well
hi jamie--
ok, you actually have covered your bases very well so far. Here's the thing--
Anyone who reports information about you to the credit bureau is responsible for the accuracy of that report. There are two federal laws involved--the Fair Credit Reporting Act(FCRA) and the Fair Debt Collection Practices Act(FDCPA). I will address these one at a time.
The FCRA specifically makes a point of saying that they cannot legally report unvalidated information on your credit file. Please know this--verification and validation are not the same thing. When you dispute with Trans Union or Equifax, they send a notice to that creditor, and give them 30 days to respond. They use the term "verification", which is nothing more than verifying your name and address on the account. It does nothing to address any other identifying information, and since a lot of mistakes are made in skip tracing, this will often get you nowhere. BUT--you need to dispute it with the credit bureau to be able to go after the creditor for FCRA violations.
OK, now, on to the FDCPA. The FDCPA requires them to stop any and all collection activity, once you send them a validation request. Validation is not verification--validation means that they must prove thatr you initiated this account, that you did truthfully incur this debt and that you owe the amount they are claiming. The FDCPA clearly states that once they receive your DV request, they are not allowed to continue collection efforts on the debt until they provide you with proper legal validation of the debt. In your case, they didnt even come close. So, they are not allowed to continue any collection efforts.
here's where you need to throw some knowledge at these people. The Federal Trade Commission(FTC) is the agency that enforces the FDCPA. The FTC often publishes FTC Opinion Letters that will clarify what the law means. These letters are admissable in court and have been used plenty of times in court I am sure. There is a FTC Opinion letter that you need to see, below I have posted a link as well as a part of the letter that applies to this situation:
(be sure to include the www before the link)
cardreport.com/laws/fdcpa/ftc-opinion/cass.html
Ok--this is the part you need to review:
[quote] "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in ???? 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.
[/quote]
Any negative reporting on any of your credit files constitutes collection activity under the law. In addition, once you send off a dispute letter, they are required to enter a statement in your credit file that the debt is in dispute. They have not done this, I am certain, because I have not once ever seen a CA do that.
You at this point have the collector on at least two violations of the FDCPA--
--continued collection activity after receipt of a validation request, and without providing that validation.
--failure to properly list the debt as disputed on your credit reports.
You have the option to actually sue them over this. Just so you are aware, the FDCPA allows that if you sue them and win, they will be made to pay you up to $1000.00 per FDCPA violation plus any actual damages. If you have been denied credit with this on your credit reports, you may have a case to argue actual damages, if not, you would just go with statutory damages--the $1000 per violation.
This is also a FCRA violation, and FCRA violations if I recall right carry higher penalties. You can sue them for both, I believe, but not positive on that.
If you have no interest in suing them, you can still send them a certified letter, return receipt, and demand that they immediately cease any and all collection activity, per the FDCPA. You will also demand that they immediately remove any reference to this debt from any of your three major credit bureau files that they may have placed it on. Let them know that if they fail to remove the entries from your credit files within 30 days of receipt of this notice, you will be forced to sue them for violating the FDCPA and the FCRA.
Man, sorry for such a long reply. If you would like, I could do up a complete letter for you to send to them that will include the proper references to the specific statutes within the law and so on. Just let me know, and I will type one right up for you.
Jon
Jamie-- I remember when you posted here before too. It would
Jamie--
I remember when you posted here before too. It would be a good help if you signed up as a member. You can sign up as a member just in the forum, if you do not want tne debt counseling you dont have to have it. This way, we can send things back and forth if need be to help you better.
Thanks so much for the valuable information that you have provid
Thanks so much for the valuable information that you have provided. Skydivr, if you have any sample letters that would be wonderful. I have another question now- the collector that is suing me- in the validation letter I told them to cease all phone calls and that they could only contact me by mail. Well, yesterday they called- it shows on my caller id and they left a message. They also have yet to provide validation and they still won't take the info off my report. Should I call them back? Should I file a complaint somewhere? They are really starting to tick me off!
Here is a copy of the letter that I sent them originally on July
Here is a copy of the letter that I sent them originally on July 21st. They still have not removed anything from my report- they haven't sent me anything by mail- AND they called last night.
Quote:
Date: June 21, 2007 Gerald A. Phillips ESQ. and Associates 10475 Double R. Boulevard, Reno, NV 89521 PO BOX 11400, Reno, NV 89510 Re: Acct Ref. # Unknown To Whom It May Concern: This letter is being sent to you in response to a lawsuit filed by you or members of your staff as well as entries on my credit report. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for ???????verification??????? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. I requested this information by phone on June 18th and received only a letter stating that I owe money. . What you need to provide as the debt validation: ?????? What the money you say I owe is for; ?????? Explain and show me how you calculated what you say I owe; ?????? Provide me with copies of any papers that show I agreed to pay what you say I owe; ?????? Identify the original creditor; ?????? Prove the Statute of Limitations has not expired on this account including proof of the last activity- not just a claim of activity. Especially being as I lived in the state of California during the time you allege that I entered into this contract, where the statute is only 4 years; ?????? Show me that you are licensed to collect in my state ?????? Provide me with your license numbers and Registered Agent; ?????? Proof that the collection company owns the debt/or has been assigned the debt. (That you are legally entitled to collect this particular debt from me.) This is basic contract law. ?????? Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004. ?????? Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark remains on any of my credit reports by your company or the company that you represent: I will not hesitate in bringing legal action against you for the following: ?????? Violation of the Fair Credit Reporting Act ?????? Violation of the Fair Debt Collection Practices Act ?????? Defamation of Character If your offices fail to respond to this validation request or cannot provide proper proof of this debt within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. The lawsuit that you have filed against me shall also be dropped and you shall immediately notify me of this by USPS or I will consult legal counsel about a Defamation of Character suit against you. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission Best Regards, |
Hi Jamie-- OK, first, did you send that letter by certified m
Hi Jamie--
OK, first, did you send that letter by certified mail? Hopefully you did, and that would mean that you got the green card back in the mail that shows they received this letter from you.
On that card there is a date, which is the date they received it. Any collection efforts after that date are illegal unless they provide the validation you requested.
If this is the case, and you sent it certified, you now have grounds to sue them if you choose to. They are legally allowed to continue the lawsuit because it was legal process that was already begun before you sent them the letter, but they still must provide validation because you asked for it. Also, on your credit file, when you send them this letter they are required to make an entry on there that this account is disputed. If you pull your credit report up right now, and it isnt on there, they have broken another law. I would really recommend that you file a countersuit against them for violations of the fdcpa and FCRA--but again, for that to happen, you must have sent that letter by certified mail and you must have gotten the card back in the mail before then. if the receipt card shows, for example, that they got it on the 22nd, and they call you on the 23rd(before the card gets back to you) then you still have them on this point. But you need that card to prove your case.
I have to work tonight, but I will be home for the weekend, so I will work on that letter for you that I mentioned earlier, and I should have it finished up this weekend. Any other questions, just shoot em at me
Jon
Actually I sent the letter via overnight express mail-signature
Actually I sent the letter via overnight express mail-signature required (same idea, right?) According to the post office it was delivered 6/23 and signed for by someone in their office. Today I received a letter from them saying
Quote:
GOOD NEWS!
It also goes on to say
Whatever that means being as I don't own any property. My guess is that by sending this letter without providing the validation that I requested 60 days ago, that they are breaking the law again? I want them to leave me alone! Should I send them another letter stating all the laws they have broken thus far- although the last one didn't seem to scare them at all.[quote][/quote]