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About creditdave

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  1. I'm not too concerned about checking with the court every month to see if they have filed the suit because the court will notify me if they do. I know that they have until the end of the SOL. My point is that I thought it was illegal to threaten to sue someone when there is no intention to sue. I would think that sending official court documents that you obviously didn't file with the court and acting like you are going to sue would be threatening to sue. If it's not making it look like they are going to do something that really aren't going to do or at the very least have done, then what
  2. I did check with them in September and they had no record of the documents ever being filed. Like I said, I think they filled out the paperwork and sent it to me either forgetting to file a copy with the court or just trying to see if I would contact them to settle "out of court." I plan on following up with an attorney but thought I would see if folks here thought it was violation penalty worthy or just a new tactic. I tried that site that you recommended and I received errors when trying to search for an attorney.
  3. Yeah, all the information including dollar amounts, reason for the claim, etc. It was as if they typed up the regular form and just sent me my copy but never filed it with the court. They either blundered and are trying a new tactic.
  4. I hope this is the right forum for this or if it needs to go to the legal forum I'm hoping a mod can move it, if need be. Back in May I received a packet from a collector that included copies of forms used to file a small claims case. These were official court documents and I expected to receive the corresponding notice from the court with my court date. However, I have not recieved that notice. In the past this notice has come withing 30 days. It appears to me that the collector was trying to force my hand by "pretending" to sue me when they hadn't actually filed the paperwork with the
  5. The FDCPA may not apply (that still amazes me because it is debt collection) but CT does have regulations. They define a creditor as any person to whom a debt is owed. I'm also going to look at Mass. law because they did send the fax to Massachusetts and their may be some application here. The CT law states that a creditor can't contact the debtor in a manner known to be embarrassing or publically annoucing that I have a debt. I have to read it in more detail but it is interesting. There's no mention of monetary damage so I need to look into that. I apologize but I cannot post a link to the
  6. One other question related to this, I'm a resident of CT but the faxes were sent to a Massachusetts employer (and phone number - I work out of state). Since that crosses state lines, is there a federal law that applies or does MA law take over from CT laws? I appreciate the input that everyone is offering!
  7. It's not that they sent faxes, it's that they sent faxes telling everyone that I owe a debt to a public fax machine. So if I'm understanding this correctly, an OC does not have to follow the FDCPA? They can call at all hours, send post cards, tell everyone that you owe a debt or anything else that the FDCPA forbids? I really find that surprising but I'll look into what CT may have for laws.
  8. They are the OC but I would think that collections laws would apply to anyone collecting a debt, no? I owe them about $650 now and it's a long story how they one. They got tired of me sending $200 a month to them and I was a day late with one payment so they filed in small claims. They screwed it up because they made me the plaintiff and themselves the defendant. I sent them a letter stating that there was no need to go to court to have them confirm what I've agreed to all along. They agreed to hold off the action and I would continue to pay. I even go something from the court saying it
  9. I have a debt that I owe to a small local business and they have been acting as their own collection agency. I'd like to know if some of their tactics have been legal and what my options might be. Despite my best efforts to persuade them otherwise, they took me to small claims and surprise, they won. I kept telling them it wouldn't change anything. In terms of their collection efforts to date, they have misused my credit card by making charges that I did not authorize and I've had to have them reverse the charge and they have sent faxes to my employers fax machine. This machine is shared f
  10. I have a court date in the next few months for a law suit against Midland Credit Management and TransUnion for a listing on my credit report from many years ago that is still listed on my credit report. I'm hoping for some case citations that I can use. I originally sent out letters to all parties (certified mail) in 2004. After 30 days I sent TU a letter stating that MCM had not validated the debt and so they should remove the listing. I also wrote MCM and said the same thing. I told them that I would bring suit if they both did not comply. I wound up filing suit 30 days later for $3,500
  11. Midland bought the debt from the original creditor...they just sent me a copy of their purchase contract as validation of the debt, which it isn't. They also attached a copy of the last statement on the account before they bought it and so if they think they have validated it (which they stated they had in their answer) they are wrong. If Midland now owns the debt and claims I owe them, doesn't that make them the creditor now? If they are listing something on my credit report doesn't that make the FCRA applicable? I guess my real question is that according to them private persons can not bri
  12. I filed a suit against a CA (Midland Credit Management) and TransUnion for violations of the FCRA & the FDCPA last month. I received the answer from Midland's attorney's the other day and one of their responses caught my eye. It said that "There is no private right of action against the defendant Midland Credit Management under the FCRA". Am I reading this correctly that I do not have a right to sue them for their violations? Can someone cite a case for me in case they bring this up in court? Everything I have read on this site says that I can sue someone. Take a look at http://www.c
  13. I started visiting these forums several months ago as I was in the process of cleaning up my credit because I needed to purchase a new vehicle. My scores back in May were in the upper 500s. Now they are all around 700 or higher. I just validated everything and most things could not be validated so they came off my credit report. I was approved for every loan I applied for (a new experience for me!). The one thing that I thought was interesting was that the finance manager said all he needed to see was one score above 720 and I could get the special financing deals. He happened to check my
  14. I'm wondering if someone knows whether or not a CRAs refusal to investigate inquiries is a violation of the FCRA or not. I have 18 inquiries that I have asked TU to investigate but they have refused and said that I must contact the listing company and ask them to send TU a letter asking for their removal. I asked the TU rep that if the company illegally obtained my report then why would they admit that to TU? I also pointed out that the FCRA states that they can only report non-employment related inquiries for one year and that its been over that. I wrote to the FTC and they wrote back that
  15. I don't think that's great news for me. The one 'bad' debt I have left on my report is an auto loan that I took out in 1994 and paid off in 1998 (1 year left). I made a payment every month, but some how in 1996 I missed a payment and could never make up for it. So, I was 30 days late every month. I came into some money in late 1998 and instead of paying it on time until the end of the loan I paid the loan in full and so now it stands that it was paid in full but 30 days late. I wish I knew then what I know now! Since it's legit and they did validate it in 2001 (it used to say something d