Follow up to "Relative Sticking me with the bill" Part 2

You have done the right thing by disputing the item (AdAstra) with te credit bureaus. Wait for a few days more. As per the FCRA rules, the collection agencies are required to investigate the matter and give you a reply within 30-45 days of receiving the dispute letter.

Now getting back to your main query, I think you should consult another attorney. it is better to take a second opinion. Don't pay any money without getting proper documents.

Thanks for the response. I forgot to say with Adstra I have disputed it and they report as valid. So what are my next steps.

Thanks.

Kim

I'm confused.

Were these 2 separate accounts or one joint account?

Also, did you dispute with the lender/CA or the bureaus?

@Ohio Gal

There were originally two cards with different account numbers under what I assume was the same umbrella account. My aunt and I received separate statements. If you click on the link in my first post it explains everything in detail. I have disputed with the credit bureaus, demanded verification from the creditor and filed complaints with the FTC. The lawyer that got even though I like he's far from committed at least they are giving him information (my aunt's statements from 2005). For years I've gotten nothing from them.

I also wanted to add the account was opened in 1989 when I was a senior in highschool. I never, never signed anything. My aunt presented me with the card before I went off to college. So frankly, I don't even know what kind of account it was since the creditor has failed to send that information.

Thanks.

Kim T.

well, first things first....this should not be on your credit report.

You never signed any agreement to be granted credit. Therefore, this is not your account. Further, you never signed for any of the purchases that your aunt made--she did. Therefore, you are likewise, not legally responsible for those charges. If I were in your shoes I would be suing these people ASAP. There are so many violations here it isnt even funny. Keep this in mind--they are on all three of your credit reports....The FCRA allows a penalty of up to $1000 PER VIOLATION, and they report to all three bureaus. In the case of one deal that I am in the middle of right now myself, the CA in question reported EVERY MONTH to all 3 of my reports. So, each month means an additional $3000 in damages that I am seeking. The SOL for this is one year, so that means if they reported the same error on all three reports, every month, then that's up to $36,000 in statutory damages under the FCRA. Now, here's the funny part--there are two debts they are trying to collect....they claimed that I opened two credit card accounts in two different places around the same time.....so we are now up to $72,000 in damages. That does not include the fact that I have been injured as a result of this--due to their reporting, I have been unable to gain some credit and have had to pay higher interest for other credit. Mind you, they do not have a single signature from me on anything....not on any credit agreement, and not on any single purchase they claim I made on these accounts. They could not produce anything. And yet, when I sent in CMRR request for validation, they tried to play games. First they acknowledged my dispute, and sent me letters back saying "we received your dispute, please provide us with all relevant documentation you have to support your dispute so we can resolve this matter quickly". Then, as the calls and letters increased(more than two dozen calls a day at its worst), they kept claiming that, first, I didnt ever dispute...and second, then they started saying "well, you did dispute but you did it outside the 30 day window, so we dont have to provide you with anything". Of course, I have them cold on this one--the letters they sent me saying "we got your dispute" all have dates on them.

Anyways, back to your situation. Since you informed them long ago that you dispute this and they have failed to produce anything at all that would be legitimate validation, I would move forward with a lawsuit. If this attorney isnt handling this then find another one that will. Demand that they produce an original credit agreement bearing your signature. Demand that they produce individual credit card charge slips showing the signature for the person who incurred these charges. The time for you to wait for them to fix this is past, they clearly will not do anything. I would take this to court and force them to correct their errors. Along the way, you have sufficient information to win a suit that would make them have to pay you for their mistakes.

EDIT--if I recall right, CA's statute of limitations on written contract debt is 4 years, so they cannot sue you legally. I also read what the FTC told you--and that bears no relevance here. You filed a complaint because MIDLAND failed to honor a validation request....regardless of who contacted or didnt contact you years prior, that does not in any way remove Midland's responsibilities under the law. If I were you I would have responded to the FTC with exactly that--as well as to Midland. The spirit of the law regarding validation was to protect the consumer against debt collectors who falsely try to collect debts that they have no legal right to collect, so it doesnt matter if the OC contacted you or not--it is still their obligation to validate. I cannot believe that the FTC didnt go further with that lame excuse....

OMG! Thank you so much for your response. I'll definitely get another lawyer. It's totally messed up my credit. I had to (had to) buy a car in 2007 and because of this ended up with a subprime loan. I also started graduated school and it effected my student loans.

Did you end up winning your lawsuit?

Kim