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Ok, so I filed this motion yesterday with the clerk. We will see what happens? We’ve dealt with this judge on two PRA cases already. They sued twice for the same debt. Both have been dismissed because PRA didn’t show up to court, but we did. When a rent-a-lawyer spoke up and offered to take the case, the judge shut him down immediately. This judge seems to be pretty fair, so far. -
By alwayswinning36 · Posted
Find their mailing address and send a letter via certified mail return receipt requested expressing your concerns and desires to close your account. You'd need to read the terms and conditions of their service, and follow them. I personally would look up their registered agent for service of process, and send any letter I prepared to that person. -
Thanks for the response! I called our local county library yesterday, and they said it’s literally up to the judge if he will honor it. I did turn in the motion to the clerk yesterday morning.
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By alwayswinning36 · Posted
When you say "on its own", do you mean the 7 years passed and the credit bureaus removed the account, or Capital One deleted the account on their own? If the account fell off your credit reports because the time had elapsed the account could be reported then PRA buying the account is moot. If the statute of limitations has passed, then it's passed. PRA is notorious for making calls they may not have your express written consent to make to a debtors cellular phone. That means you could have a claim against them under the Telephone Consumer Protection Act, but only if the number they are calling you is a number that you did not ever provide to Capital One. Any consent Capital One had to contact you by means defined under the TCPA would extend to the debt collectors as well. Being that statutory damages under the TCPA are $500 per violation, if they have called even one time in violation then you could have enough to make them decide not to even continue pursuing that little $443. -
By alwayswinning36 · Posted
If you have disputed the items with the credit bureau, and the items have remained then there is likely proof that would qualify under the FCRA for the inquiry or account to remain on your consumer report. Your only options then are to dispute directly with the creditor who pulled your credit and/or is reporting the account. Continuing to dispute the same accounts because they weren't removed, with or without any proof, isn't going to stop them from viewing your disputes as frivolous. If the inquiries and accounts truly are not yours, then you may have an issue with someone who has attempted to steal or may otherwise be trying to use your identity. Which means you have an issue that pretty much only you can fix. Have you considered freezing your consumer reports? When we think proof, we think they should have something signed by us. In a perfect world, that makes sense. However, this isn't a perfect world and the FCRA has some fairly low standards as it currently is.
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