creditfix

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About creditfix

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  1. Thank you all SO SO SO much for the information. I have been so stressed out since my mom got the letter just before Christmas. I have one more question that you all may or may not know. Did he violate the HIPPAA as well, since he sent a collection letter regarding a medical bill to a third party? -creditfix's daughter-
  2. http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=78213#78213
  3. Is a "legal assignee of record" held to the regulations of the FDCPA?
  4. Hi. I am creditfix's daughter. I researched Bristol Tracking Company. I found there website at www.enforcemyjudgement.com They state on their website under the FAQ section that since they are a legal assignee of record that they are not affected by the FDCPA. They state: "A collection service may contact the deadbeat and irritate him to death! They may even place a black mark on his credit report. But, they rarely collect! And with the passage of the FDCPA (Fair Debt Collection Practices Act), the debtor has the right to just tell a third-party debt collector to cease all communications. We, as the legal assignee of record, are not affected by the FDCPA. We can investigate the debtor, locate his assets and seize them to enforce the judgment". Is this true?
  5. We discovered this guy checked my daughter's credit two (2) days BEFORE sending me a 3rd party communication about her debt. She still has never received anything from him. She just sent him an ITS letter along with a DV letter. She is calling lawyers on Monday to sue the guy.
  6. Had to go ahead and send it - wanted to wait a little longer to send it but time was running out (leaving town). We tweaked it a little bit.
  7. It seems to me that it would be TUs problem that the attorneys they hired didn't pay attention then filed the papers in the wrong court. Unless, they can file to vacate the judgment they owe you $5,000!!! Keep us posted - would love to hear you have money in hand!
  8. Auntnana, I think a little more info is needed here for anyone to answer your question. Good luck
  9. For background info on this you can read the posts under "Isn't This A Violation of the FDCPA?" Please read this letter and advise me whether or not it is strong enough or if I have left anything out. Thanks! Dear _______, I have been made aware that you have contacted my mother (a third party) regarding the above-mentioned debt. Please be advised that by doing so you are in clear violation of the Fair Debt Collection Practices Act. You have made at least two violations by doing so. You have also defamed my character by sending out communication concerning any debt you say I owe. You have created a very embarrassing situation for me. I am an adult and was an adult at the time I saw Dr. _____. Although you are attempting to have my mother make arrangements to pay this debt, she is not now, nor was she ever, responsible for this alleged debt. You have never contacted me regarding this matter. In fact, I was unaware that I owed Dr. _____ any money. My attorney told me she paid Dr. _____. Please be advised that I intend to sue you in a court of law for these violations. In addition to other violations of the FDCPA, you may also be in violation of the HIPAA act because you have disclosed medical information about me. As you stated in your third party communication to my mother, “This letter is also to advise you that I mean to pursue this debt legally to the full extent of which the law allows”, I want you to know that my intentions are to pursue these violations and the defaming of my character to the full extent the law allows. The FDCPA states: § 804. Acquisition of location information [15 USC 1692b] Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer; (2) not state that such consumer owes any debt; § 805. Communication in connection with debt collection [15 USC 1692c] ( COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Further, I have never owed Dr. _____ the amount you state in the 3rd party communication to my mother. I am demanding at this time that you validate this debt. (See second letter enclosed) Sincerely,
  10. I need help with an ITS letter regarding this case. If any of you have time to help I'd surely appreciate it.
  11. Congrats! The CRAs must give you written notice 5 days prior to reinsertion or they are in violation of the FCRA. It is doubtful they will reinsert. Keep chipping away at it. That was quite a jump in your wife's score!
  12. WAY TO GO!!!!!! C O N G R A T S !!!!!!!!!
  13. Thanks calawyer and Ladynred. I will send him a letter by CMRR. Now, what should my daughter do about this. One thing she is going to do is go to the bar association and see if she can get any money from the fund to help her pay whatever her attorney did not pay. I'm assuming this Bristol Tracking Company is a collection agency. Should she send them a DV letter and at least hold him off from doing anything for the next 30 days? She has a new baby and is not working right now and her husband is in the middle of changing jobs and going back to school. She had thought all this was behind her. Should she wait until he contacts her? Can he do anything to enforce the judgment before he notifies her? Thanks again for your help.
  14. This is a long story, so here's the Reader's Digest version: The lawyer WAS a friend of mine. She skipped the country and stuck it to a lot of her clients including my daughter. Another attorney checked into this for me and said that the attorney has since been disbarred. The doctor tried to sue my daughter for a lot more money than was owed. He had a contract with the insurance to accept a flat rate for services. The attorney went to court with my daughter and the judge would not allow the doctor to be awarded the amount he was asking for. He was asking for over $4,000.00 and the judge said he was only entitled to collect the $600 per the contract. If the "tracking company" could find me I don't know why they could not find my daughter. I will reread the letter and see if there is anything "untrue." But, the letter is asking me to work something out with him as evidenced in Paragraph 3. I am not in any way involved in this case other than being the mother of my daughter. My daughter is an adult, she was an adult at the time of her accident, an adult at the time she went to court. Doesn't the FDCPA say something about a collector not being able to present someone's debt to a third party? So, as I see it, they are trying to collect someone else's debt from me. I know I don't have to pay it. But I am really mad because I believe my daughter's rights as a consumer have been violated. Who else will they try to collect her debt from? If Burger King owes a vendor, McDonald's is not liable for it nor is it any of McDonald's business what Burger King owes.
  15. I received a letter today from "Bristol Tracking Company" regarding my daughter who is an adult. They say they are trying to collect a judgment (her attorney told us she was paying this doctor bill years ago). The letter has the mini miranda at the bottom of it. The body of the letter states: "This letter is to notify you that I have been legally assigned the right to enforce and collect a judgment entered against your daughter (name withheld for the purposes of this discussion board) at _______ Court in favor of Dr. ______ on February 10, 2000, Small Claims Case Number _______ in the amount of $626.00 plus interest. I am contacting you because we were unable to immediately determine ____'s whereabouts, although we have ordered postal records and will soon have it. This letter is also to advise you that I mean to pursue this debt legally to the full extent of which the law allows. Any legal fees incurred on my part necessary to obtain satisfaction of this judgment will be added on to her debt along with daily interest charges of $.17 per day (total amount to date: $867.14). I would like to avoid taking further legal action to remedy this debt, since it seems to me as if she may be having some financial difficulties at this time. I am willing to work it out, if you and she are, including the possibility of waiving the interest that has already accrued on the amount due. _______'S CREDIT IS NOT BAD AT THIS POINT IN TIME, AND I HAVE NOT YET FILED THE UNSATISFIED JUDGMENT WITH THE REPORTING AGENCIES. I WILL NOT HESITATE TO DO THIS, HOWEVER, SHOULD SHE CONTINUE TO EVADE PAYING THIS DEBT. If you wish to contact me to arrange for alternative solutions to satisfy this debt, I may be reached at: (he lists the phone number here) This debt has been legally assigned in a court of law. Any and all correspondence or payments made in this matter will be handled through this office. If you would like to contact the court where this matter is filed to verify the validity of the assignment of the judgment, please feel free to do so, or upon request I will provide a copy of the acknowledgment of assignment for you. Let me again assure you that I would prefer not to take further legal action against her, but I will not hesitate to do so if i feel it is required to resolve this matter. Please contact me within 10 days of receipt of this letter. Thank you for your help in this matter, James Rounds" We are in the State of California. Ladynred, Calawyer - what should be done from here? Does my daughter have a defamation of character case? Thanks in advance for your help!