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About dloran

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  1. This is the only other area that I could come close to saying 1K per violation and at that it really doesn't say per violation. 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or ( in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; (2) such amount of punitive damages as the court may allow; and
  2. This is what I found. D.
  3. So if I only had one Collection account being reported to EQ for 2 years from a CA who says that I have 18 accounts with them (that I have been trying to get validated for 1 year). I dispute the tradeline w/EQ that the account is in debt validation, 30 days later EQ sends me a letter stating that the account was deleted then in the envelop is a new crdit report that still has the one account plus 9 more from the same CA. Would this be concidered, punish/harass/intimidate you, etc...? D.
  4. Contingent means after they revue the info you send them and they feel you have a case. Then they will let you know what their fee is whether it is a percentage of the settlement or court ordered payment, or an hourly rate that may or maynot be added into the suit. Most will work for a percentage of your settlement or court ordered amount. Yes it is good to get an attorney for this case, both RJM and TU are in clear violations of the FCRA. Good luck D.
  5. If I am reading things right your last payment on the car was Sep. of 1997, and you called the OC to try and work out a deferment or a late payment schedule and they would not budge from the scheduled payments. Then in Jan. of 98 they repoed the vehicle. I am assuming they where alowing you time to make payments, possible even defered the on in Oct of 97 then waited 90 days then repoed the car. If this is the case then DOLA would be OCT of 97 that would put you at Apr. of 05 as the 7 1/2 year mark. Did you pay the OC with a check? If so you might be able to contact the bank that had your checking account and see if they still have it on micro. If so you can get a copy of it showing the last time you paid this account. Do you remember the name of the company that came out and repoed the car? Was it someone other then the OC? If so contact them to see if they still have records. Any paper work you can collect will support you in any court action that they or you take. I also agree with Methuss to send a C&D informing them they are in violation af the FDCPA and the FCRA and if they still try and collect and don't remove the tradeline take them to court. Good Luck and Best Wishes. D.
  6. Already planned to file in US District Court. There is alot that I have against this CA and they have cost me alot of money so far. My wife was told today by a loan officer at our local credit union to go to the local police department and file fraud against the CA and the OC as well as contact the fraud department for each CRA they are reporting to. Can and will fraud charges stick? Or is it a waste of mine and the local law enforcements time? D.
  7. Washington state allowes up to $4000 in a small claims, but what about a civil action suits. How much can I go for?
  8. Thank you all I have done nessecary changes to the letter and am planning on sending it tommorrow. Recovering Attorney, sort and sweet is nice and I like it but I want to see them running around trying to find where things went wrong. D
  9. I am planning to send this letter to the OC about what is going on. Any feed back on it would be great. May 19, 2005 DLoran 123 Murphy BF, WA 12354 The Privacy Coordinator XXXXXX Medical Center 123 Fort Miss Road Miss, MT 12345 (406) zzz-xxxx Dear Sir or Madam: I am writing this letter to inform you that the collection activity of Collection Professionals Inc. for the accounts that your billing department say belong to me, DLoran. They are in violation of many FDCPA and FCRA laws as well as HIPPA laws, Montana and Washington State Medical Information laws and the big one, Medical Billing fraud. The FDCPA and the FCRA violations may not be your concern, however the other ones are. Your billing department provided Collection Professionals with a form letter stating that these accounts were mine, signed by Betty H. and Deb F., and provided Collection Professionals with medical information which they in turn passed on to me. If these debts were mine it wouldn’t be a problem. However, these debts are not. They belong to my ex-wife and her partner’s daughter. Your billing department gave Collection Professionals permission to give me medical information on two people that I am not responsible for or signed anything stating I was responsible for. This violates HIPPA laws and Montana and Washington state Medical information laws. S. P. is my ex-wife. I am not responsible for her or for anyone else she signs for. Case in point, Ms. C. N. was a 17 year old minor at the time of services. I have never been her parent or legal guardian, nor is she related to me in any way. However your billing department has told Collection Professionals that I am responsible for her bills. I have recently spoke with my ex-wife and she informed me that Ms. N. was covered by medical insurance at the time these debts were acquired and they should have been paid by the insurance company. Now your billing department and Collection Professionals are trying to collect payment from me. If I am not mistaken, this constitutes medical billing fraud. I am seeking legal council at this time and have told my ex-wife to do the same. If you do not want to find yourself in court over these matters, I would suggest that you break your ties with Collection Professionals concerning these accounts or at the very least inform them that all accounts signed for by my ex-wife are not my accounts and to discontinue trying to collect from me and remove them from my name immediately. If not, I will be forced to get an attorney and file suit on these violations with you named as a third party defendant. I expect prompt action concerning this complaint. Sincerely, DLoran
  10. I think I found something after all, when I first wrote I state that the CA was trying to collect on my ex's partner's daughter's medical bill some one that isn't even related to me or that I in any way agreed to pay for her bills. Well the one account that they are reporting to the CRA that I could find the origianal amount owed, well I found it by looking at the dates it was turn over to the CA and it is one of the daughter's medical bills and it is on my report even after I told them in writing that she isn't related to me not even by marriage. D.
  11. Well that just bits I was hoping for something to grasp. Going from 670 to 680 down to 599 really hurts. Oh well I get paid tommorow and it is off to file in District Court against them for other violations, then maybe they will listen.
  12. So any time during that seven and half years from the date it was first delinqent they can report it to the CRAs?
  13. Can a CA report a collection account to the CRAs after the SOL is up? The reason I ask, is that in response to me challenging there trade line with the CRAs they now report ten collection accounts not just one and all are past the SOL. The origianal was reported before the SOL was up.
  14. In most states life essintials (ie. food, medicial and housing) are concidered both partners debts whether you know about them or not, and the fact that the paper work you signed for your husband when he was admitted to the hospital probable stated somwhere that you would accept responsability for the bill. But all is not lost did you have insurance at the time? If you did contact the hospital tell them that you where unaware that the insurance didn't cover what the CA is trying to take you to court for, because you where to busy taking care of your husband. Then find out if they have a low income waiver program, most hospitals do. If not contact your local help center they may have leads to programs that can help pay part if not all of amount for medical bills. If you are religious and are part of your local church talk if them they may have ways to help as well. just a few suggestions. Remember just because you ask for help doesn't mean your weak, lower class or less then anyone else, you are just going through a rough time at the moment and need a break to turn things back around. Good luck and best wishes D.
  15. I called one of the CAs that show two payed collections on my EQ report, and asked them in good faith to not report to the CRAs. He asked why he should do that, I replied that I am trying to clean up my reports and that these collections had been reporting for five years already and that they didn't have to report. He said I know we don't have to report them but we do, if they are showing paid then there shouldn't be a problem. I said there was a problem even if they showed paid it still brings my score down. He stated if we do it for you we have to do it for everyone, whoe flash back to grade school. I told him at the time that I paid this I didn't know that I could dispute them and just paid to get them off my back now if they wanted the paper trail I would send them a DV for both accounts, he said it was to late for that because on of the accounts was a bad check that they recieved a judgment on in 1998 and if I was going to dispute it it should have been done then. I asked him if it was in a judgment in 1998 why was it showing on my report as first reported in 2000 he said that is when I paid it I said no that was 2001. he sated try and get them removed you won't be able to do it. I said ok I was just calling on good faith, he said I will note that in your file and goodbye. LETS THE GAMES BEGIN!!! Any bets on when they will be dropping the tradelines from my report? D.