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ShinerBock

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  1. If all you want is for them to go away and leave you alone all you need to do is send a cease and desist letter. Send it CMRRR. As another poster said, keep these documents! If they contact you after they have rec'd the green card it is a FDCPA violation. I have had numerous collection debts resolved because they almost ALWAYS contact after a C&D and then you have them. In exchange for not suing them for violating the C&D they send you a nice little document saying the matter is resolved and it can't be sold or transferred. Voila! Gone.
  2. I'm sorry that I don't have any information to help with your question. I just wanted to say you should post this in the laywers section in this forum. I would think you would get some help over there because lots of people have viewed your thread but no one has responded so I'm supposing they don't have any answers either. Good luck going forward.
  3. Thank you for your reply, @Credithis. I've had a few days to mull over my plan of action. First, I am going to wait for the dunning notice that I am supposed to receive within 5 days of their initial communication. The deadline is Monday. If that doesn't happen I am going to call them and during the taped conversation casually mention not having received anything in the mail since their first call and see if I can get them to admit it wasn't sent. It may be a long shot but normally all I have to do is let them talk and they shoot themselves in the foot...no baiting required. I love your suggestion about the SCDCA. I'm going to leave that until last so as not to alert them of my intentions. They need enough rope to hang themselves. If there is anything that looks wrong about this plan of attack I'd more than willing to listen to any and all suggestions. Thanks again everyone for the help!
  4. I can't begin to tell you how much I appreciate all this info and the time it takes to type out thoughtful answers. After all this time I am still learning so much and I thank you. I know it may seem from my first post that I am just out to make a quick buck by baiting these clowns but I promise you that's not the case. If you only knew the history behind my rage you would understand why I feel personally obligated to make them suffer for each and every misdeed. If I only knew then what I know now...
  5. @Clydesmom - The CFPB wasn't around during my years of credit repair. I've googled and read a bit but could you tell me what purpose they serve to help consumers in regards to collection companies? I just keep seeing stuff about mortgages and real estate. And thank you for the payday scam information. I googled the number from the voicemail but all it could tell me was that it is from a wireless company in Fargo, ND. It is not the same number that I was called from for the first call. It's funny you mention Mike Arguss because when I was googling info on DRS his youtube video is on the first page of results. I contemplated sending him the info but I was waiting to see if I receive a dunn like I requested from the rep before the 5 days is up before doing anything else. While it is a violation if I don't receive it, I know it would be impossible to prove they didn't actually send it to me. Just keeping tabs on it all. @BV80 - 1) OC didn't have permission to call cell since I did not own my first one until after the card was sent to collections. Yes, the debt is THAT old. 2) The call was not recorded so it's a me vs. them scenario as to what was actually said. I took a screen shot of my call logs which shows phone number/date/time/duration of the call but that's the only proof I have that the call occurred. 3) There is no record of the debt whatsoever on any CRs. The OC TL fell of long ago and I have not had any attempts by a CA to input a TL in a long time as well. The only item that I know of concerning this particular (alleged) debt is the HP on equifax. I do not have a monitoring service for the other two bureaus so I have no idea if they HP'd them as well.
  6. I don't think you're being difficult at all! It's hard to give helpful answers with the usually limited info posters give. I'm very thankful you guys are helping. As to your question, I have my credit monitored through myFico and I get alerts whenever anything on my Equifax report changes. It was definitely a hard pull because soft pulls do not lower your credit score. It was scored as though I was seeking credit.
  7. The HP was done by Dynamic Recovery Solutions. When the first call was made and I actually spoke to someone she only stated she was calling from DRS about a Cap1 card. On the voicemail the case number they referred to began with C-A-P and then some numbers so I assumed (maybe wrongly) that it was for the cap1 card as well. It seems highly unlikely to get a call about the same zombie debt that I havent heard about in years two times in two days and it not be the same company but it's possible. It's been a really long time since my credit repair days so maybe they were just nastier then but I didn't realize there are scammers out there who aren't affiliated with JDB and CAs. Is this a new thing trying to scam people into paying non-existent debt by pretending to be a CA? Wow. Truth is I've dealt with much worse than this voicemail. I'm looking at you, PRA and Midland. I totally agree that my priority is getting the HP removed. I'm not quite sure how to go about yet since I've received no written correspondence as of yet.
  8. @ Clydesmom, I have to run but I will reply in an hour or so. Thanks so much!
  9. Thanks for replying so quickly! I really appreciate it. I haven't received anything by mail. The only contact made is what I described above. Even if it is just a fishing expedition, the damage to my credit report is real.
  10. Alleged debt info: Crap1 cc DOLA either 2000 or 2001 OOS for both Texas and Louisiana and also time-barred for CRA reporting Initial communication: Mistakenly answer call from JDB. After finding out it was this particular (alleged) debt I told the rep that it was too old to place on credit report, that is was SOL, and that she called me on a cell phone and was not to call the number again. I also said since this was the initial communication that I would be expecting a dunning letter within 5 days and hung up. (Note- It's been years since dealing with these types as I've kept my nose clean for 7 years and been a model little debtor. I understand that this is a he said/she said scenario. It's not about what you know, it's about what you can prove. Under normal circumstances I would never have given all that info but I'm a little rusty and was caught off-guard.) The next day... Receive a voicemail on my cell from JDB. The weird human/robo-call combo transcription is as follows: <robot voice> ShinerBock (insert real name here) <human voice> I am contacting you from the process and summons division. I am calling to notify you that there will be 2 charges filed against you in your county. Looks like fraudulent activity has been attached to your name and social security number. <robot voice> ShinerBock (insert real name here) <human voice> I do need to make you aware of your legal rights to address your charges prior to them being filed against you. You will need to do so before you receive your summons at your place of employment or home address. Once you're served, your rights will be forfeited. Your case number is... <robot voice> XXXXXXXX <human voice> Their telephone number is... <robot voice> (XXX) XXX-XXXX (this number is the same one they called from when leaving this voicemail ) <human voice> You will need to speak to someone in their legal department. ***End of message*** Normally I would just fire off a C&D and tell them to FOAD but two hours later I get an alert from equifax. These <insert ugly words here> did a hard pull and dropped my beautiful and hard won credit score below 700! SO... 1) Is this a TCPA violation? Is this message threatening action that cannot be taken thus being a violation of the FDCPA as well? The OC was never given permission to contact my cell because when I became deliquent I had never owned a cell at that point! Also, I want to make VERY SURE that the threat is in no way ambiguous for us "least informed consumer" types. 2) Did they have PP to HP my CR? I know this area is a bit murky as they most certainly DO have PP as a CA but from my POV since the debt isn't valid they do not. Any new case law to back up my assumptions? 3) Where do I go from here? It's not enough to send a C&D. They invoked my wrath when they did a HP. A single action of $1000 will not be enough. I am in a one party state and I own sufficient recording devices. If you were me, how would you go about inflicting as much monetary damage as is legal and ethical in this situation? Any and all forms of advice are encouraged. Thank you for taking the time to read all of this. Shiner
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