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About musiqdefunk

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  1. thanks for the catch I posted it without realizing it.....
  2. Here is a list that I got....... • Penalty For failing to respond in writing to my debt validation letter .Thus you are in violation of Section 392.202( of the Texas Finance Code .No later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual, • Penalty for Misrepresentation of your businesses (because I can prove unequivocally that Worldwide is just a DBA name for West Asset Management) , Thus you are in violation of Section 392.304( of the Texas Finance Code failing to maintain a list of all business or professional names known to be used or formerly used by persons collecting consumer debts or attempting to collect consumer debts for the debt collector; • Penalty for continuing collection efforts after your failure to validate the alleged debt. Section 392.202(a) of the Texas Finance Code (and FTC opinion letter from LeFevre). FTC claims reporting a collection account to the credit bureaus after no validation response is considered further collection efforts. § 392.202. (a) An individual who disputes the accuracy of an item that is in a third-party debt collector's or credit bureau's file on the individual and that relates to a debt being collected by the third-party debt collector may notify in writing the third-party debt collector of the inaccuracy. The third-party debt collector shall make a written record of the dispute. If the third-party debt collector does not report information related to the dispute to a credit bureau, the third-party debt collector shall cease collection efforts until an investigation of the dispute described by Subsections (-(e) • Penalty for reporting to the Credit Bureaus wrong information under FCRA 623 Responsibilities of furnishers of information to consumer reporting agencies (a) Duty of Furnishers of Information to Provide Accurate Information (1) Prohibition (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. • Defamation, financial injury for reporting inaccurate information to the Credit Reporting Bureaus, with a fine for the extent of damages incurred by the wronged party as deemed by the courts, as established by US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan.
  3. Give me your opnion on this answer to my BBB complaint, should I assume they will delete. Oh answer back with the information I have.... And should I just sue...... RECEIVE BUSINESS RESPONSE : I am a Compliance Manager for West Asset Management, Inc. ("West") and this consumer complaint has been forwarded to me for reply. I have thoroughly investigated West's collection activities regarding this consumer's complaint through the interview of West employees with personal knowledge of the matter, and through the review of West's collection notes. My investigation reveals an account in the amount of $2,148.75 in Mr. name was placed with West, a collection agency, on or about April 4, 2007. West's client, Worldwide Asset Purchasing[They are the same company], had indicated that the account was due and payable. Worldwide Asset Purchasing is the current owner of Mr. Name account and not a collection agency[Again they are the same company, I have a recording from a gentlmen in compliance stating WAP is a division of WAM]. Worldwide Asset Purchasing placed with account with West for collections. West sent its initial collection notice to Mr. Name April 6, 2007. West made contact with Mr. Name April 23, 2007. Mr. Name acknowledged owing the debt and promised to work on obtaining funds to settle his account after discussing it with his wife. [i did not speak to them my dad did, this is actually a Bank of America account owed by my dad] West was unable to reach Mr. Name since that time. West received a letter of dispute and request for verification from Mr. Name on November 19, 2007. Although well outside the 30 day validation period, [i live in Texas so validation period is not justified]West complied with Mr. Name's request and requested verification of the debt from its client. West placed Mr. Name's account in a cease communication status pending the receipt of the verification. West received a second request from Mr. Name on December 4, 2007. The information requested was not received and Mr. Name's account remained in a cease communication status. [This is actually true I did not recieve any other letters] Mr. Name's account was recalled from West by its client on February 20, 2008 for non-payment. West is no longer handling Mr. Name's account, however has notified its client of Mr. Name's dispute and received confirmation that the information will be deleted from his credit bureau. It should be noted that West is a fully licensed and bonded collection agency. Should you need any additional information you may contact me at the address or telephone number listed above. Sincerely, Compliance Manager
  4. can i sue a collection agency that is housed in georgia if I am in texas... what if they have a business in texas but I have never spoken to them, do I sue them, it is the same company....
  5. Wow, this would be amazing if in 2 days they give me response without even attempting to contact the JDB, I explained in great detail the procedures I took and the complete ignorance of the JDB and even quoted the violations they committed. I have all documentation. I also sent a complaint to the BBB and my AG. Hopefully one of them at least try’s to help me out.... If that is the case with FTC is there an agency I complain to about FTC. LOL!
  6. Is it normal procedure to send an automatic response to your complaint within one or two days. The reason I ask is because I sent a complaint to the FTC on a JDB and they sent me a response explaining to first send the CA a validation letter. I truly hope they are not done with the investigation just in 2 days.......
  7. The fico score only calculates your last 12 month history of inquires, while your actual credit report shows you your last 24 months .
  8. You do a request for validation per FDCPA on collection agencies and a 623 investigation on the original creditor. So you wouldn't send this letter to the CA.
  9. You are correct international risk management does have a bond but they only made a hard inquiry on my credit report the collection account actually showing shows Worldwide Asset Purchasing in Nevada, when I attempt to look for them I see no bond except one they had in Georgia back in 2004.Plus the first letter I got from West Asset Management was not from Sherman TX but Georgia. I think being able to bring this information on the table might not get me this violation but does add to the deceitfulness of this company. How they use multiple DBA names to make it believe it is another CA attempting collect, this manipulation is not called for. I have attempted to call WAP on 3 different numbers and none work. I believe I have solid case; I have all paper trails, phone documentation and references from their own website stating they are one in the same.....
  10. I agree with you to Krash, there has been one account that they say is mine that keeps getting sold or assigned to another CA. Every time they try to collect I call and say do you realize the CA you got this from tried already and failed, what makes you any different, none of you can prove this is my account. So they go ahead and send it to some one else. I mean this debt must be worth about 20 dollars for all the scum buckets who have tried to collect on this.Oh and about the gas thing, yeah it's getting bad specially that I have an SUV but I guess were just going to have to live with in our means now....something this country has done in 30 years.....
  11. Validation is a right afforded to you under the FDCPA section 809. That section also states that if a request for validation is received within 30 days of initial contact, the collector MUST cease all collection activities until validation is provided. Continued collection activities include, but isn’t limited to, reporting the alleged debt to the CRAs, sending dunning letters, phone calls asking for payment, or reducing the debt to a judgment (suing you). If you request validation AFTER the initial 30 days, the collector MAY continue collection activities under that section; however, if they report it to the CRAs, they may be in violation of the FCRA for reporting a debt that they know, or should know, to be inaccurate, incomplete, or unverifiable. They also MUST mark the item as “consumer disputes” on your CRAs if they report it. Just marking it as “in dispute” doesn’t get around reporting information that’s known, or should be known, to be inaccurate, incomplete, or unverifiable. It would just add an additional violation if they DON’T report it as in dispute. This would also include if they verify the information with a CRA. Another possible violation of FDCPA would be if they sent a dunning letter AFTER you have requested validation beyond the initial 30 day period, as they’d then be misrepresenting the status or nature of the alleged debt. Remember that getting it off your credit report is only half the battle, they can easily sell it to another CA and they will come after you as well.
  12. The way it works is actually quite simple. Once you recieve a letter from the CA or a collection account appears on your credit report. You immediately DV the CA(do not let 30 days go by). At this point they have 30 days to respond in writing their results on your validation request. During the course of this time they must cease all collection efforts.That also includes reporting the debt to the CRA however it is hard to prove a case when there is a statement showing the account is in dispute.So if it is after 30 days you send them a second letter in reference to the first one, saying it's been 30 dirty days since you signed for my first letter, now you must remove all negative remarks on my credit report etc.... but if they did not respond to your first letter they most likely will not respond to the second. So you wait another 15 days and if the account still appears on your credit report. You send them a ITS letter, letting them know they are in complete violation of FDCPA etc. After that you get no response you sue. By than you have enough paper trail and proof you tried to resolve the circumstance before going to court, and that the CA failed to acknowledge you efforts. I will point out that most CA's know the rules but do not follow them because they are aware we are scared to sue.... (remember even if you owe the debt and they can prove you do in court, it still does not neglect the fact they still did not validate the debt, which is still a violation.....)
  13. i am writing in ITS letter and i remember someone in here writing a non disclosure agreement statement to prevent from selling or even giving out information on their account to anyone else. if some can point me and the OP to the right direction it would be helpful because this is the only part I have left in writing.
  14. well this is what i got so far... Texas Finance Code violations Section 392.101, which prohibits a third-party debt collector or credit bureau from engaging in debt collection in Texas unless the third-party debt collector or credit bureau has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State. Section 392.202( No later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual Section 392.304( failing to maintain a list of all business or professional names known to be used or formerly used by persons collecting consumer debts or attempting to collect consumer debts for the debt collector; FDCPA FDCPA 809( continuing collection efforts after failure to validate the alleged debt Let me know if there is anything else or are these even reasonable.....Thanks!
  15. ok, well i found some interesting information about worldwide asset purchasing, this company is part of a group of companies under the worldwide name, however in 2004 was bought buy the west cooperation for 178 million dollars...west actually merged multiple collection agencies in what we know as west asset management. on west asset management website explains the merger, which means they are one in the same. Plus on the BBB website it shows under West Asset Management additional information stating Worldwide Asset Purchasing as a DBA name. Neither have a bond in Texas and of course now I have them for further collection efforts buy putting this collection account on my report. My question is this can I file suit in Texas for federal violation or do I have to go to federal court to sue under the FDCPA.