(PLEASE help) Is this credit report listing valid? Any FDCPA violations?

Someone will reply shortly, hang in there :)

You need to dispute it on your credit report for one thing. I just wanted to acknowledge your post until someone with more knowledge is available to assist you. Keep checking back for more replies.

Thanks Shazzers. I have disputed it and requested DV. They didn't send me any documentation until 7 months after my CMRRR written debt validation request. When I told them that they waited too long to validate my debt, they said I was wrong. They had owned they debt for 2 years when they were contacted by me for the first time, and therefore, they said I did not respond within the original 30 day window so they are allowed to assume the debt is legal. The credit bureaus are not helping, just "verified" it and moved along. I think I have some FDCPA violations that i can threaten them with but I am just not sure ;(

[QUOTE=Anonymous;514666]I am fighting the scumbags at RJM and I believe the collection they are listing on my account is in violation of federal law. Can the community please look at it and give me some advice? Thanks!!!!!!!

RJM ACQUISITIONS LLC/ RJ #xxxxxx

575 UNDERHILL BLVD
SUITE 224
SYOSSET , NY 11791
(800) 268-0623
Balance:
$1,268
Date Updated:
03/2009
Original Balance:
$1,268
Original Creditor:
xx xxBANK CHECKING ACCOUNT
Past Due:
>$1,268<
Pay Status:
>Collection Account<
Account Type:
Open Account
Responsibility:
Joint Account
Loan Type: Factoring Company Account
Remark:
>Placed for collection<
Date placed for collection: [ 12/2007]
Estimated date that this item will be removed: 01/2013[/QUOTE]

this listing is in violation of the FDCPA.some points here.

1)where is the name of the bank?
2)banks don't charge off and sell overdrawn accounts or default loans
3)you sent proper validation and they respond by doing this which is considered collection activity

dispute the entry.also go to NACA.NET,and find a contingency consumer lawyer and sue this bottomfeeder.that is the only thing that will get their attention.

Thanks so much for replying Paul Mergel. I took the Bank's name out, it is on the report. I have contacted a few attorneys. Some blew me off when they found out it was RJM, not sure why. Not to be a bother, but what specifically do you think is a violation? The Factoring company notation? The fact that it is listed as an "Open Account"? I did not know that banks don't charge off and sell overdrawn accounts. Are you saying that they possibly are not authorized to collect this? Thanks for offering any of your expertise. This means the world to me and I am comforted by the fact that I sort of have people like you on my side :)

i take issue with paul's assertion that you made a proper validation request. the fdcpa states that all validation requests be made within 30 days of the first communication. going only by what rjm is stating (that they had the account over 2 years - did they say they sent an fd letter and when?) it appears your request would have been out of time - under the previous assumptions. nonetheless, there is no set time frame with which they are to supply you with validation - however if it is a properly timed request they do need to stop collections activities.

bottom line - did you ever receive anything in writing from them prior to when you called them?

No, I never received any correspondence from them whatsoever. I found the listing on my credit reported in June and sent a DV in June via CMRRR. They did not respond and continued to report to the credit bureau. I sent them additional requests, no response. I filed complaints with my state AG, their state AG, and their state's BBB. They responded to the BBB complaint, stating that the first time I contacted them was in June with the DV, and that they responded to the DV with correspondence in September. I never received that correspondence and they did not send it with any tracking (their words). So, the debt is not properly validated and they continued to report during the dispute period. Sounds like a solid case to me, I just want to nail them on additional violations in the actual line by line reporting to the bureau.

There are certain states, Texas, for example, that have a time limit in which to respond to a DV request. You can check and see if your state is one of them,otherwise, I believe there is not time limit for which to respond.

I did a bunch with LVNV and have yet to receive a proper validation, about 1 1/2-2 years ago.

File a complaint with the State Of New York Office of Attorney General
Nassau Regional Office 200 Old Country Road, suite 240
Mineola, NY 11501

RJM pulls this stuff all the time, do not let them get away with it