Taking Cach LLC to court
Date: Wed, 01/30/2008 - 21:15
Let me tell what I've done then I'll get to my questions for a some thoughts and help...
Immediately after receiving the summons, I sent a DV letter, this was certified and delivered 1/2/08. I waited until shortly before the date I needed to reply, not expecting to get validation, before entering answer to summons of "I don't know anything about alleged 'debt'" to sum it up (of course sending them a copy as well). Well, it is time to go to pre-trial, which is annoying because I planned on moving out of state shortly after that date :(
I advised both in the DV letter (including a follow-up with the reply to summons) and response in the summons on if I am filing a counter-suit in accordance with law (this is all paraphrased by the way..) at $1000 per infraction. Well, I'm trying to find some!
One of the big questions I have is they received the DV letter on 1/2/08, I'm going to pull my credit report on 2/2/08 (I actually pulled it today 1/30 and they are still on there..) don't they have to remove themselves? The fdcpa is not clear on this, maybe it is in the FCRA, but does anyone have any court precedence that says they have to remove from my credit report? Or am I wrong about that? Does anyone have any other thoughts? I'm going to get very vicious about this, and I think I've more than covered all my bases so far...
If I do have to move before this pans out, should I get an attorney who will be here on my behalf, or has anyone experienced this situation?
Oh, and I currently live in Colorado moving to California, if that helps with any details.
hi cougar, welcome to the forum OK, first, they do not have to
hi cougar, welcome to the forum
OK, first, they do not have to remove the entry on your credit report. They do, however, have to amend their entry to state that the account is being disputed. If they do not, then it's a violation of federal law.
This is not specifically stated in the fdcpa, but you will find it in an FTC opinion letter. I will include both a link to it and the relevant text so you have it. Here you go:
debtconsolidationcare.com/collection-agencies/about41494.html (dont forget to add the www. at the beginning)
They do not have to remove an entry, but they cannot continue to update it as a delinquent debt if they have ignored a validation request on that debt. The only two actions they can legally take in regards to your credit report, once you request validation, are to either delete the file entirely from your credit reports, or to add that it is in dispute. Nothing else is legal, even if they simply leave it alone as it is.
Thanks for that info. I was curious of that, I've boned up on q
Thanks for that info. I was curious of that, I've boned up on quite a bit but FTC regulations I think I need to take a full gander at more closely. I'll say that this is NOT reported thus far, but I'll give plenty of time for them to update since I know they never will.
So you answered the summons and then sent in a letter saying you
So you answered the summons and then sent in a letter saying you were going to sue for violations that have or have not yet happened?
Actually, no I didn't. Like I mentioned, all of that was paragr
Actually, no I didn't. Like I mentioned, all of that was paragraphs paraphrased in a couple sentences...
A bit more comprehensive, it was answered basically "I have no knowledge of this 'debt,'" advisory that a request for validation was never answered, advisory that they are continuing collection activity, and if certain pursuits are continued that there will be a counter-suit.
The letter sent to them was a modified form of my DV letter that basically said the same thing, if they want to continue certain efforts, then it will bring forth a counter-suit per infraction. I was more abstract really, however whether or not they will be considered in violation, I had to tell the court that it will be in consideration and of course pay an extra fee...
oh, this is cougar...i forgot to log in before lol
oh, this is cougar...i forgot to log in before lol