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Fighting a CA in states that don't have good consumer laws

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Ok..long winded title eh? Anyhow I was thinking about people who don't live in Texas and don't seem to have any way to battle these CAs who put everything under the sun on credit reports and ignore DV letters for being outside of the 30 day window.

I am thinking there may be a different way to do this for those people and it may work. It involved using the FCRA namely, this section:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of Furnishers of Information to Provide Accurate Information

(1) Prohibition

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

(B) Reporting information after notice and confirmation of errors. A person
shall not furnish information relating to a consumer to any consumer
reporting agency if

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii) the information is, in fact, inaccurate.

Ok so what someone should do then is send a letter to the CA who is reporting things that are inaccurate like terms, open account, factoring, installment, whatever, past dues, etc...list each one specifically and point out how it SHOULD be reporting. Example:

1. You are reporting a past due balance when I have never entered into any payment arrangements with you to be past due upon.

2. You are reporting this account as type Factoring Company account when it should be reported as a Collection account.

When you get the green card back, you then dispute with the CRAs like you were doing the 1-2 punch. When it gets verified and you have given the CA a reasonable amount of time to correct the problem you send them an ITS letter informing them that since they willfully continue to report these obvious errors, you have no choice but to sue them as there is no way they can claim a bona fide error on this.

If they STILL don't respond (and we all know they likely won't) then you go file in court for the $1000 PER violation. This could add up if they are reporting on all 3 reports and more then one item...say they are reporting open, past due and wrong account type..that is $9000 in violations...plus don't forget the court fees.

Now from what I have seen and experienced, once you file they see you mean business and suddenly they start trying to settle.

I honestly think this would work, and work well.....problem is I live in a state where it works even better then that due to our wonderful state laws....

So...someone in another state should try this method....I am certain it would work....would turn the collection industry on it's ear if people who couldn't DV under normal circumstances could nail them in this fashion.:cool:

So whatcha think?:lol:




The SC BBB

Sub: #21 posted on Sat, 06/26/2010 - 06:50

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4671 | Credits: )

Quote:
Originally Posted by goldenbast
You could. They might be able to snake their way out of it with a 'clerical error', but if you point it out and they still don't do anything, then there is no help for them.

NOT SO FAST!!!!!! first they would have to show that they have procedures in place to avoid these types of errors. so the burden of proof is on them to show that they have procedures to avoid clerical errors and this error was unavoidable.
second of all you should read the supreme court of the united states jerman v carlisle that deals with mistakes of law. they can no longer claim the "bona fide error" defense.

dont let them snake out!!!! they have to prove it all!!!!

Sub: #22 posted on Fri, 08/06/2010 - 04:52

Unregistered


Amazingly, confoundingly, I am being sued by Midland Funding and the case has now gone on for four months or so and I have yet to see ONE SINGLE DOCUMENT which shows they have the right to collect.

An abuse of the courts, imo, but the judge seems to be the puppy dog of the attorney who is seeking default judgments by the hundreds against people they hope won't show up because they have nothing to go on.

The judge keeps continuing the case and I really want to find out how to go after his ass and the attorney for exparte communication and his apparent collusion with the attorney. Nothing is said aloud by the Plantiff Attorney, a slimy lawfirm by the name of Irwin and Frank. Her voice is the judge's voice. how am I supposed to represent myself against the judge. I am really angry this is allowed to go on and its probably my case just the tip of the iceberg.

Sub: #23 posted on Thu, 08/26/2010 - 22:23

Gretchen VonDerhoff Gretchen VonDerhoff

(Posts: 259 | Credits: )

By way of explanation, the reason I posted this here even though its gone past simple collection is because of the failure to state a claim and present evidence.

Sub: #24 posted on Thu, 08/26/2010 - 22:24

Gretchen VonDerhoff Gretchen VonDerhoff

(Posts: 259 | Credits: )

[QUOTE=goldenbast;678106]Ok..long winded title eh? Anyhow I was thinking about people who don't live in Texas and don't seem to have any way to battle these CAs who put everything under the sun on credit reports and ignore DV letters for being outside of the 30 day window.
I am thinking there may be a different way to do this for those people and it may work. It involved using the FCRA namely, this section:
?? 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. ?? 1681s-2]
(a) Duty of Furnishers of Information to Provide Accurate Information
(1) Prohibition
(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
(B) Reporting information after notice and confirmation of errors. A person
shall not furnish information relating to a consumer to any consumer
reporting agency if
(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and
(ii) the information is, in fact, inaccurate.
Ok so what someone should do then is send a letter to the CA who is reporting things that are inaccurate like terms, open account, factoring, installment, whatever, past dues, etc...list each one specifically and point out how it SHOULD be reporting. Example:
1. You are reporting a past due balance when I have never entered into any payment arrangements with you to be past due upon.
2. You are reporting this account as type Factoring Company account when it should be reported as a Collection account.
When you get the green card back, you then dispute with the CRAs like you were doing the 1-2 punch. When it gets verified and you have given the CA a reasonable amount of time to correct the problem you send them an ITS letter informing them that since they willfully continue to report these obvious errors, you have no choice but to sue them as there is no way they can claim a bona fide error on this.
If they STILL don't respond (and we all know they likely won't) then you go file in court for the $1000 PER violation. This could add up if they are reporting on all 3 reports and more then one item...say they are reporting open, past due and wrong account type..that is $9000 in violations...plus don't forget the court fees.
Now from what I have seen and experienced, once you file they see you mean business and suddenly they start trying to settle.
I honestly think this would work, and work well.....problem is I live in a state where it works even better then that due to our wonderful state laws....
So...someone in another state should try this method....I am certain it would work....would turn the collection industry on it's ear if people who couldn't DV under normal circumstances could nail them in this fashion.:cool:
So whatcha think?:lol:[/QUOTE]



Mortgage Uk

Sub: #25 posted on Mon, 10/18/2010 - 12:58

samysanju samysanju

(Posts: 1 | Credits: )

Quote:
Originally Posted by goldenbast
FDCPA does have some ammunition:
?? 807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of???
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
( 8 )Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
?? 808. Unfair practices
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
You can use 807 2 a in conjunction with the FCRA violations. Try using ( 8 ) if they verify with the CRAs...I am sure they count as a 'person' lots of 'persons' in fact.
808 is golden if the original amount owed does not match the 'current' or 'past due' amount, since they have to prove with a contract that they can legally charge the interest or fees.
Just remember that no matter how many ways they violate the FDCPA, the amount you can sue for is only $1000.


IN THAT CASE these Affidavits that seem to be popularly viewed as "proof of debt" are false and misleading. They are very similar to these affidavits in the foreclosure debacle. Someone's job is to sign affidavits. In my case the Legal Expert (that was her title) was working in a taco restaurant last year but now she's a legal specialist and the affidavit says she knows all about how this company works and she knows the debts are mine.

Which is proof of nothing but that they are liars. She doesn't bother too point out that the company she works for is one of the group of companies suing me and its written to mislead thinking that its independent. But whether independent or not it proves nothing.

Presenting it as evidence seems to be to be breaking this rule you're talking about. And that's exactly right.

In my case it was used to get a default judgment against me even though I was going to court faithfully each month they strung it out to frustrate and stall. Then the judge said come back in November trouble is in September he got anxious and had the hearing 2 months ahead.

Hows that for false? I'm filing a complaint.

Sub: #26 posted on Thu, 10/21/2010 - 02:30

Anne Robertson Anne Robertson

(Posts: 8 | Credits: )

Very useful, thank you. I'm currently working on a Memorandum in Support of Motion to Vacate Default Judgment which used an affidavit and no other evidence to get their judgment. this is good info!

Thanks to everyone contributing.:D

Sub: #27 posted on Wed, 12/15/2010 - 22:17

Gretchen VonDerhoff Gretchen VonDerhoff

(Posts: 259 | Credits: )

II am going to rework the original post since there is now FACTA which allows for dealing directly with the OC. There is a whole new method of validation using the FACTA that is quite exciting because now even OCs have to deal with your validation requests.

I had to laugh at the post about the lady who has first hand knowledge of the account despite working in a taco stand a year before...I would have responded with, "What, did she see me swipe the card for a few tacos? Otherwise I don't see how she could possibly know about this account over the years while she was making tacos."

Sub: #28 posted on Sat, 01/15/2011 - 10:33

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

:???: omg, I think someone took my brain out while I was sleeping (sort of) to play with and didn't put it back, either that or one of those quack doctors slipped in overnight and did a lobotomy on me because I'm all confused and turned around. Stuff on my computer is all messed up and now I'm looking at this and stuff I thought I wrote ain't here and stuff I didn't think I wrote is. Or maybe I'm Alice and I've fallen down that dang rabbit hole again. I need to go take a brain pill and start over. :rolleyes:

Clarify: Sort of sleeping, not sort of took my brain out. Far as I know if someone takes your brain out, it's out, there is not sort of to it?

Two Brain Pills coming up!

Sub: #29 posted on Sun, 01/16/2011 - 06:33

Gretchen VonDerhoff Gretchen VonDerhoff

(Posts: 259 | Credits: )


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