I received the initial letter on 2/18/08, but this played out nicely and thought I would share as it is a good reason why the consumer should NEVER roll over to a collection agency.
I’ve posted all the updates.
“Three years ago I switched cell phone providers. I am fairly sure I settled up with the old provider, but it’s possible that I didn’t. When I started my credit repair process, I noticed collection account for old cell company for a minimal amount ($50-100). I sent the JDB an untimely DV and it was quickly deleted. However, a couple of months later I got a dunning from AFNI for the same account. I assume that the old JDB deleted and then promptly sold it off them (no honor among thieves, I guess).
“A few days after receiving the dunning from <the collection agency>, I sent them a very timely DV letter. It was sent CMRRR (certified mail return receipt requested) to the person who is listed as the licensed collections manager with the State of Michigan (I looked it up online). I received my green card back a week later. Never heard anything in response to my DV.
Three weeks later <the collection agency> starts to report to all three CRAs. This time I draft an ITS and send it CMRRR to their COO. I demand that they either respond to my DV (debt validation letter) or cease collection activities within three days of receiving my letter. Again, it’s received and I get my green card back. Still, I never hear back.
A month goes by… still no word, still reporting. Now I send out disputes to each of the CRAs. EQ responds with a letter stating “there is no <the collection agency> account listed on your CR” (look a little harder, you knobs). However, the TL comes back as verified from Experian. I’m still waiting to hear back from Transunion.
I’m tired of spending money on postage and I’m tired of being stonewalled by these jokers. I’ve already filled out the paperwork for small claims and am planning on filing it this week. In Mich, the limit is $3k. I am seeking $2,020.84 for the statutory damages under both the FDCPA (by continuing to report without DVing) and the FCRA (for verfiying with the CRAs, but not me), plus the cost of CMRRRs I sent to the CRAs and the follow-up ITS I sent to <the collection agency>. “
Then I got the following email on 2/19/08:
“I Filed. Let’s see if they ignore the summons as well…”
Another email 3/08/08:
“Just an update…They were served with the notice to appear on Wed or Thur. Yesterday (Fri) I received a call from someone in their office “in regards to some paperwork I sent them”. Since that’s not exactly the conversation I wanted to have while sitting at my desk, I let it roll to VM. I then returned the call and left VM of my own stating that since it is now a legal matter, I refuse to discuss it on the phone; if they had something to say to me, they could write me a letter.
“It’s unfortunate that they completely ignored two certified letters from me. Yet when they get a certified letter from the district court, they jump on it. Also… TU deleted the tradeline, but it still remains on EX and EQ as verified. The court date is a month from now, so we’ll see what happens prior to then.”
Email 3/22/08
“The day after I left that VM, I got a letter delivered via UPS Red to my door. It was a letter from the person I had played phone tag with. She sent me a legal agreement to sign. If I had signed it I would have gotten a deletion. The problem was that by signing it a) I would have been bound by an NDA, meaning that I couldn’t have talked to anyone about the settlement or even the contents of the agreement and b) I gave up my right to sue them for any future violations in addition to the ones they already committed. Oh! Oh! Where do I sign my name?!
“The person also included her email address with the letter so I sent her a follow-up email. It was a rather lengthy email in which I laid out my whole story, including: dates I sent my letters and when they were signed for, and who they addressed to, sections of the law that they violated and that I had rock solid proof, etc. I was polite about it, but told her that I had no interest in settling for just a deletion at this point, especially with it being attached to a Draconian settlement agreement.
“A few days later, I got a voice mail from a lawyer who represents them. When I returned her call, we had a brief conversation about the situation. I once again laid out my time line and explained that I wasn’t going to settle for a mere deletion. She told me that if they couldn’t settle the matter prior to trial that she would have the suit removed to federal court. She claimed it would “be easier” to litigate in federal court. I believe it was an attempt to intimidate me since moving out of small claims would make it much more complex for a pro se litigant. I informed her that doing so so would be detrimental to her client because I would almost be forced to retain an attorney at that point and if I prevailed in my FDCPA suit, her client would be responsible for my legal fees. As a settlement offer, she offered me the fee that they’d supposedly have to pay to move to federal court ($300 and some change). I told her that wasn’t sufficient but that I would be willing to split the damages down the middle and settle for $1000. She said she’d present my offer to her client and get back to me.
“I was expecting to hear back from her yesterday, but did not. My plan is to give her a week and then follow-up. If we can’t resolve the matter then, I will be retaining an attorney. I’ve already made contact with a very knowledgeable consumer credit lawyer whom I’ve consulted before on another issue. With the amount of evidence I have, I believe he would on my case and then just directly bill the defendant once the dust settles.”
Next follow up email 3/25/08
“The original debt they were reporting was a cell phone bill from several years ago for less than $100. It was deleted from TU, but came back verified from the other two. I haven’t named them in the suit because I figured I wouldn’t have to.
“If this gets removed to federal court, I will likely amend the complaint to include the CRAs. Federal court will allow me more room to swing around the FCRA hammer. Or, I just may pass this off to a lawyer and let the defendant pickup the tab when I prevail in the FDCPA suit.
“I am still in negotiations with the defendant’s attorney. However, I’m at the point that I’m done dealing with them. I’ll keep you posted…”
Another follow up email 3/27/08
“Negotiations have gone no where. They are attempting to nickel and dime me over a comparatively tiny amount of money and I standing firm on principle. Their lawyer has indicated that she’s moving forward with the threat to remove federal court. If true, this is going to cost them 5-10x more than it would to just settle with me. I honestly believe she’s accustomed to being on the other side of the table. I keep getting the same bullying attitude, arbitrary deadlines, etc as I would expect if they were the ones suing me. But the more time they waste in court with me, the less time they have to be filing their own suits.”
Email 4/7/08
“I believe that we’ve come to an agreement. However, I will know for certain within the next couple of days. I’ll let you know more information at that time.”
Email 4/7/08
“I believe that we’ve come to an agreement. However, I will know for certain within the next couple of days. I’ll let you know more information at that time.”
Email 4/15/08
“Unfortunately, there will be no further updates to this story. I apologize”
Yes, this guy obviously won his case! And as part of his settlement he had to sign a non-disclosure agreement. Way to go!
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2 responses so far ↓
1 Kenneth Bowers // Apr 28, 2008 at 2:06 am
found your site on del.icio.us today and really liked it.. i bookmarked it and will be back to check it out some more later ..
2 Diana // Apr 30, 2008 at 6:30 pm
Hey, want to fight them for me?
I got a letter from them on a bill for less than $100.00 to.
DV them. they never responded to me, but to everyone else they did.
CD them.
Turned everything over to IL Atty. General.
Am thinking of suit against them too.
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