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CA collecting after C&D letters & reporting after judgement

Submitted by Maximus on Wed, 06/19/2013 - 10:23
Posts: 8
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I was contacted by Credit Bureau Systems debt collection agency on 05/04/2012 about a disputed debt with a veterinarian.

I sent them a Cease and Desist letter by certified mail on 05/25/2012 and the receipt was signed for on 05/29/2012.

On 09/28/2012, the original creditor's attorney filed civil charges against me in the Montgomery County Tennessee General Sessions court.

On 10/03/2012 and on 10/11/2012 Credit Bureau Systems contacted me again by mail trying to collect the debt. I sent them a second Cease and Desist letter by certified mail on 11/01/2012 and received the receipt signed on 11/06/2012.

On 11/12/2012 Credit Bureau Systems reported the debt to Equifax, Experian and TransUnion.

1. Did they violate my rights by contacting me a second and third time to collect the debt after they had been sent and received a Cease and Desist letter for this debt by certified mail?

2. Did they violate my rights by trying to collect a debt that was in dispute in the legal court system with the original creditor’s attorney at the time they were contacting me?

3. Are they violating my rights by reporting the debt to the credit bureaus when there is an agreed judgment on my credit report from the Montgomery County Tennessee General Sessions court for the same debt?

4. What recourse if any do I have?

I have full documentation of all of the above.


1. Did they violate my rights by contacting me a second and third time to collect the debt after they had been sent and received a Cease and Desist letter for this debt by certified mail?


DId they actually contact you? Per the FDCPA "(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

2. Did they violate my rights by trying to collect a debt that was in dispute in the legal court system with the original creditor’s attorney at the time they were contacting me?


Nope..the dispute was sent to the CA...it does not apply to the attorney.

3. Are they violating my rights by reporting the debt to the credit bureaus when there is an agreed judgment on my credit report from the Montgomery County Tennessee General Sessions court for the same debt?


Nope

4. What recourse if any do I have?


Probably none. Did you show up in court???


Submitted by SOAPLADY on Wed, 06/19/2013 - 17:37

SOAPLADY

( Posts: 17315 | Credits: )


DId they actually contact you? Per the FDCPA "(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

I sent a C&D letter in May and they received it in May by certified mail. In October, they sent two different "typical' collection letters.

Probably none. Did you show up in court???
My attorney advised me to show up and I signed an agreed judgement. The judgement is reported on my credit report with the correct balance reported. The CA shows on my credit report showing the full balance owed. It appears as two different negative accounts instead of the same account.


Submitted by Maximus on Wed, 06/19/2013 - 21:22

Maximus

( Posts: 8 | Credits: )