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plashes last won the day on March 14 2015

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  1. Yes, I do have proof that I disputed the account. Both disputes went by certified mail. They still have failed to mark my credit report as the account is "Disputed". I have no idea as to if it is being reported correctly because as stated above they have changed the account number and the $$$ amount.
  2. My apologies... should be CFPB. So, if I understand correctly, they do not have to validate an alleged debt if they have no proof of delivery of the initial 30-day correspondence? In addition, what laws do we have to protect us if they continue to manipulate information that they are submitting to the credit bureau? I suppose I should retain an attorney for this one. And last, I thought they still had to mark our credit report as disputed?
  3. I did dispute with Equifax... that is when the account number and amount were updated. I filed a complaint with the FDCPA and that was closed because they said that Equifax is simply reporting what is being provided to them. This alleged debt has never been validated. In addition, no one has ever marked "Disputed" on my credit report.
  4. I never did receive a collection letter that contained the 30-day validation notice. I just recently pulled my credit report and saw it on there... it is only on my Equifax report but not the others. I requested validation in July and August. In September is when I filed a Complaint with the Office of Consumer Protection. That office advised me to retain an attorney to file a small claims suit against them.
  5. Hello All: I need some help in preparing a lawsuit for small claims court. I have a collection agency who has failed twice now to provide me with validation of an alleged debt. I have even disputed this with Equifax and they sent correspondence back updating the account number and amount of the alleged debt. I filed a complaint with our local Office of Consumer Protection. The collection agency sent them a copy of a billing statement with medical procedure listed on it. The Office of Consumer Protection suggested that I obtain an attorney. So.... does anyone have a sample complai
  6. Right now it appears to be status quo. I am disputing the debit on credit report now. Their 30 days is up in 2 days to mark as disputed or remove.
  7. Update: Judge granted my Mtn/Strike Aff in support of P's MSJ and he also denied P's MSJ! YAY! Scheduling order will be issued. Thanks all for your help thus far!
  8. So, this does not sound hopeful for me. Is there somewhere on here that has a form settlement agreement that I could propose to Crap 1?
  9. @BV80 So it appears my only defense would be that there were no paymnets made via my chekcing account?
  10. @BV80 The statements did not show any charges just balance forwards. It did show a couple of payments and i will be checking my bank records this weekend. The SOL defense will not work based on what they say is the last payment.
  11. Thanks @willingtocope. Here is the redacted complaint. Complaint redacted.pdf
  12. So...... someone could have opened a credit card in my name, opted for online statements and then I get screwed and have to pay Crap1?
  13. ARG.... thank you @Clydesmom for the input. Capital One said they assigned the debt from HSBC Bank Nevada through a Bill of Sale so i am guessing that Cap 1 is not the original creditor. The Complaint does not state a claim, it has 1. Plaintiff is a foreign corp authorized to tansaction business in MT; 2. Defendant currently resides in MT; 3. Palintiff or Plaintiff's predecessor-in-inters extended credit to Defendant pursuant to a credit card identified by account number ******* and the last 4 digits; 4. Plaitiff provided Defendant with statements; 5. A reasonable amount of time for D to
  14. Hello All: I live in Montana and there is little to no help for pro-se Defendants in this type of case. I have prepared a response/opp to the Plaintiff Motion for Summary Judgment. When I get frustrated I tend to talk in circles. Would you please take a look at my pleading and give me some thoughts? I have cited one of out state case and am not sure if i can do that. Draft Opp.docx This is due Tuesday, January 27, 2015. If you need further facts, please let me know. Thank you!