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  1. I have picked these up over the years and would like to post them in one place. Hopefully they will prove as useful for someone else as they have been for me. If you have more stuff like this, please post it to this topic! Some are written by consumer attorneys (Edelman, Combs and the like) and others are written by the attorneys from the dark side as ways to weasel out of FDCPA liability (it's always a good thing to know what the other side is thinking). Pro-Consumer: Defending credit card cases, 2009.pdf Ethical issues of JDB suits.pdf FDCPA CASE LAW, NCLC.pdf FDCPA, Edelman Breakdown-2011.pdf From the dark side: FDCPA Defense Guide #1.txt FDCPA Defense Guide #2.txt
  2. I’m settling a debt with a Bank. The lawyers for the bank state the Bank will agree to request with the CRAs to delete my trade line in exchange for me dropping a federal suit I have against the bank. However they say they are not guaranteeing the CRAs will delete the trade line when requested. Is this BS? Under FCRA for a consumer account aren’t the CRAs required to delete the account if the Bank requests so?
  3. Good afternoon I disputed a MCM/Credit Ine on my Equifax CR several weeks ago. I received a letter today at my correct address with a copy of Credit One statement that was sent to a wrong address. The letter states they had received the disputed item from Equifax and ask what are you disputing? Our records... In reading another forum it states the shady tatitics MCM will go thru to collect a debt. The original Credit limit is/was Less than half of what they are saying I owe. That being the case I do believe that I would have paid such a small amount. The forum states to file a claim in Small Claims Court for violating FDCPA and FCRA. It also says they will NOT accept a "pay to delete" The Pay To Delete with an offer of 25% is something like $60 more than the court cost. It's such a small amount and is 4 years old. I just need it gone but DO NOT want a Small Claims suit backfire. A sample form from my county ask the amount I am suing for. What figures should i use if I decide to go this route. I just want it deleted. Not settled Deleted. Thanks for any advice or experience in dealing with them. M
  4. I have hired an attorney to file a lawsuit against a company regarding identity theft/FCRA violations. The problem is that we don't have much information on the company other than address & phone number. According to their website URL, they were an online catalog, but no longer selling items, just maintaining existing customer accounts prior to discontinuing sales. They are obviously actively reporting to CRA's, so is there a public resource to get more info about them? Seems like there is very little info available on them, even general info that can usually be found online. Their activity on my credit reports started in 2013 until recent. I am willing to pay if necessary to get a report on them due to the nature of violations, and would like to get a better idea of who/what we are dealing with, also if they have similar complaints from consumers. I know this would normally be public record if there was civil action taken, but don't know if they always did business under the info we have, or something else. Based on their reporting to the CRA's, it appears they know little to nothing regarding their obligations under the law, or they simply don't care. That is not just coming from an angry consumer, but based on facts. Thank you in advance for any suggestions or advice.
  5. I have a couple of accounts on my credit report which are reporting incorrect information. One of them, the apartment complex illegally evicted me and took possession of the apartment. I paid rent for that month and they took it, but still reported that I owed them over four thousand dollars; although they rented the apartment the next month. Which would have constitute that I did not owe them a cent. They keep the deposit and the rent I paid and still sent a incorrect balance to the collection agency. A year later, I contacted the property management company and they corrected the balance after finding out the property manager did not apply the rent I paid to my account, instead she put it in Miscellaneous payment received bucket. She also deliberately did not update the amount owed before she sent it to collections. The apartment was rented the next month, so that relieved me from the responsibility of the balance and I had already paid June rent and they took my deposit. However, she reported the full balance would be owed for the remainder of the lease. So it is clear, she deliberately violated the FCRA and I need to find out what my rights on this. What can I sue them for? The balance is still on my credit and I am getting ready to file for breach of contract, because it is too late for illegal eviction since this happened in June of 2013. Any suggestion on dealing with the collection agency also, who is reporting the false information. If they report inaccurate information, is that justifiable cause to delete, or do the Credit Bureaus just update and leave on there? What does the FCRA say about this? Any help I can get on this will be helpful. Thanks,
  6. About a year and half ago my credit monitoring agency alerted me that Comcast Cable had done a credit check on me in Georgia. I was stationed in Georgia about 9 months prior before retiring from the Army, but I had never had Comcast and at this point I had just recently moved to Colorado. I contacted Comcast to find out why they had run my credit and it turned out someone had used my name and SSN to get cable in a trailer park nearby my prior military post. I filed an identity theft report with the FTC and with my local police department and faxed all of these documents, along with proof of address and ID, to the Comcast Fraud Department. Comcast told me that they had closed the account and removed all the charges from it so I would not be responsible for anything. About 2 weeks ago I received another notice from my credit monitoring agency that a collections account for that very same Comcast account showed up on my credit report. A fraud investigator from my credit monitoring agency called Comcast and the debt collector with me to try to help resolve the situation. Comcast sent us around to about 5 different people, each time saying they were transferring us to their fraud department, until we finally got one rep who put us on hold for about 20 minutes while she looked into the account. She came back and said there were notes in the system about me calling in about the identity theft and that the representative put down that they were closing the account and removing the charges, but for some reason it never happened. The account wasn't closed until several months later after failure to pay and had something like $800 in charges on it. She said she had no idea why it was never closed and that I had done everything I needed to do. She then said she was going to make a detailed note and send us to the fraud department (!), because she had no power to reverse such a large charge. The next transfer took us to a slightly confused gentleman working at the FTC's identity theft hotline. He told us that Comcast has been sending a lot of their customers to the FTC and telling them that it was the Comcast Fraud Department. Next we called the debt collector that appeared on my credit report. We informed him that the account was related to identity theft and that we were disputing it. He said that he send the dispute over to their fraud department who would verify it with Comcast. All of these phone conversations were recorded, after informing the relevant parties, by both the Credit Monitoring Agent and me. Several days after I disputed the debt over the phone with the collector I received a collection notice from them for $633.12 for this disputed Comcast account. They don't state the results from my dispute, just the standard boilerplate collection notice. I don't know if this is a violation or not since they are attempting to collect on the account after I've disputed it and before they sent me any kind of notification that the debt is valid. It seems like dealing with Comcast's customer service is a dead end and now I am intending to file suit for violations of the Fair Credit Reporting Act and possibly the Colorado Fair Debt Collection Practices Act. I have been contacting attorneys to discuss a lawsuit, but so far the ones I've spoken with feel this claim is outside their area of practice, they are too busy to take another client or they felt they were too inexperienced to handle this type of claim. I am still waiting to hear back from some other attorneys in the Denver area that practice consumer law in the Federal District Court there. I am about as far from Denver as you can be while still being in Colorado so taking this to Federal Court pro se would be extremely difficult for me. Instead I've contacted my local small claims court to discuss whether or not I'd be able to bring claims under the FCRA pro se. The court clerk wasn't sure and she directed me to the pro se office, who also had no idea. I informed them both that the law states: § 1681p. Jurisdiction of courts; limitation of actions An action to enforce any liability created under this title may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by the plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which the violation that is the basis for such liability occurs. However, they weren't sure if the judge would allow it to proceed in this court or not. She suggested I speak with some more attorneys about whether I could bring this to court myself. Of all the attorneys I've asked only one said that it should be no issue bringing it to small claims court. The others said they honestly had no idea about the jurisdiction issue. I am thinking that taking this to the County court pro se might be a better compromise. I've been reviewing the text of the FCRA and the FDCPA as well as the Colorado FDCPA. So far I have identified the following violations of the FCRA: § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] a) Duty of Furnishers of Information to Provide Accurate Information (1) Prohibition (A) Reporting information with actual knowledge of errors. (B) Reporting information after notice and confirmation of errors. (2) Duty to correct and update information (3) Duty to provide notice of dispute. (6) Duties of Furnishers Upon Notice of Identity Theft-Related Information (B) Information alleged to result from identity theft. If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. (7) Negative Information (A) Notice to Consumer Required (i) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. I believe that due to their admitted knowledge that the account was opened as a result of identity theft and their decision not to close the account immediately after being notified, then later sending it to the debt collection rises to willful noncompliance as defined by the US Supreme Court in Safeco Ins Co of America v Burr (06-01-2007), where they state: "Willful failure covers a violation committed in reckless disregard of the notice obligation. Where willfulness is a statutory condition ofcivil liability, it is generally taken to cover not only knowing violations of a standard, but reckless ones as well." Even if they did not intend to violate the FCRA and it was just a series of mistakes it was reckless not to close the account immediately and to send it to collections despite being notified it was related to identity theft. Then despite being notified and confirming their mistake they took no actions to correct it. Something that I haven't been able to find a clear answer on is whether each FCRA violation incurs separate statutory damages of up to a maximum of $1,000 or are all violations together a maximum penalty of $1,000? I've found both answers on the internet without any definitive references. My personal reading of the statute makes it sound like you can only get one statutory penalty. I'd love to hear everyone's opinion on this matter and would greatly appreciate any references, suggestions, etc. Thank you all.
  7. So, here is my issue. I received an Alias Summons via CMRR from our county clerk. Seems that Asset claims to have purchased a Beneficial retail account that has an outstanding balance of 9377.00. The affidavit from Asset's Heather Andrus goes along the lines of: 1. I, HA, am an employee of AA,LLC and am competent to testify to to the matters stated herein. 2. I am familiar with the manner and method by which AA, LLC creates and maintains its business records, including computer records of its accounts. 3. AA,LLC business records demonstrate that AA,LLC purchased the receivable at issue in the case from Beneficial or its successor in interest. 4. The original creditor in this matter is Beneficial and the original account number is XXXXXXX. 5. The business records associated with the receivable demonstrate that our claim against Defendant is in the amount of $9377.23 together with the interest at the statutory rate of 8.00%. /s/ HA The affidavit's only date is that of the Notary and it is stamped in as being MAR 07 2013 (HA's name is rubber stamped in on the blank in #1). The initial complaint is dated as filed 4/23/2013 with our County Clerk. Green and Cooper are the lawyers for the plaintiff. Alias summons has a new "First Amended Complaint". Still G&C with different attorneys listed. FA is dated 7/8/2015. Both complaints are the same except the amended deletes some language in # 3 claiming accrued interest and statutory interest at 8% in the original. First Amended: Comes the plaintiff, by counsel, for its first amended complaint as follows: 1. The Defendant(s) is indebted to the Plaintiff under and agreement or account. 2. AA, LLC purchased this account. The original credit grantor is Beneficial. 3. Defendant(s) has failed to pay the Plaintiff the remaining balance of its account in the sum of $9377.23. Plaintiff demands ... 12% per annum from the date of entry til satisfied. Can someone help me: 1 - understand the effect of the alias summons 2 - figure out the SOL, I believe it would be DE's 3 years. 3 - How many FCRA and FDCPA violations do you see and 4 - Case law to help me here in Kentucky. I believe Fulk v. LVNV funding and Conway v. Portfolio will help me, but need your help please. - CommoSGT
  8. Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking about...no reference numbers or anything. I did recently do requests for verification with all 3 major CBs. Anyone seen this sort of thing before??
  9. Trying to see who we have and where they are from when it comes to attorney. Anyone??
  10. I received a 1099-C last year for a closed business credit card from an original creditor (account closed in 2009). Despite the issuance of the 1099-C, the full amount of the charge off is still reporting on my credit reports. My understanding of 1099-C's and credit reporting is if the original creditor intends to report to the credit bureaus, it should now be reported as: "Balance Due $0." I had one other account fall into this scenario and that bank changed its reporting to "Balance Due $0". I plan to dispute the legitimacy of the charge off, the amount stated on the 1099-C, and how it is now reported to the credit bureaus. I am considering litigation or arbitration of the dispute. I think the 1099-C / credit reporting issue may be an FCRA violation, but having a hard time locating the correct rule or statute to support me. Can anyone advise what rule or statute states that post issuance of a 1099-C the credit reporting amount should be $0 ? Thank you.
  11. Hi, In late 2010 I had a negative item appear on my credit reports from "Advanta Bank." Advanta Bank failed in 2009 and was shut down by the FDIC and State of Utah. They were heavily fined for deceptive and unfair business practices (ie. offering a 0% introductory interest rate and then rate jacking their customers to 38%). Advanta Bank ultimately declared bankruptcy. As far as I could determine, the FDIC was set up as a receiver for their deposits, and any debts owed were sold off to junk debt buyers. The former owners of Advanta have been individually sued for breach of fiduciary duty and other misconduct by the FDIC in relation to their ownership and management of Advanta. I disputed in writing to the three credit bureaus, providing proof from the FDIC that Advanta Bank no longer existed and could not be the reporting entity. I also disputed what was reported, because it was purely false and erroneous information. Equifax and TransUnion immediately deleted the info. Experian refused to delete the information and has continued to refuse my written disputes for the past four years. I have been turned down for credit as a result. I recently invoked arbitration over this and multiple other issues based upon the credit monitoring contract I have with Experian, which states clearly it covers FCRA disputes. I have yet to hear back on my arbitration demand, however, today I received in the mail a postcard advising me of the class action Michael Dreher v. Experian, specifically on this issue of Experian falsely reporting data from "Advanta Bank." The class action lawsuit properly states that the company known as "CardWorks Processing" is possibly the owner and reporting entity of past due debts emanating from the defunct Advanta Bank - but is reporting as "Advanta Bank" today and for the past four years as if they are the bank. Trying to resolve any reporting issue becomes a three ring circus and/or shell game between Experian, Advanta (which has no legal present address or contact) and CardWorks, making it impossible to correct incorrect negative information on Experian credit reports. If Experian were truly conducting meaningful investigations when consumers dispute as required by the FCRA, they would learn "Advanta Bank" is not reporting anything since 2009 or 2010 at the latest. Here's the class action lawsuit: http://www.advanta-experian.com/ http://www.buccidix.com/blog/experian-must-disclose-company-reporting-credit-report-debt.cfm http://www.cardworks.com/ When I eventually figured out the "Advanta Bank" address on my Experian report led to "Cardworks Processing" - I disputed in writing to "CardWorks Processing." I received a letter back with the name "Advanta Bank" rubber stamped at the top of the letter (not Advanta's original logo, but what appeared to be a rubber stamp pressed on an ink pad created for this purpose). What is interesting to me is Experian will do everything possible to avoid a class action, and uses arbitration clauses in their credit monitoring contracts to do just that. Now that a class action has made it to the trial stage, they are trying to lump me in with the class - to avoid the cost and expense of arbitration. My instincts tell me to opt out of the class action (which is a clearly spelled out option) and pursue my own individual case through arbitration or litigation if necessary, especially since my dispute has elements other than the Advanta issue. Any feedback on this issue is appreciated here. Please note I'm also posting this info for anyone else who has had a similar experience with Experian / Advanta. I think CardWorks Processing is committing fraud, violating the FCRA by knowingly reporting inaccurate information, and violating the FDCPA by misrepresenting the status of an alleged debt. I want to take legal action against them. If you agree, please feel free to post comments here or contact me via PM. Thank you.
  12. Ok so I have a very confusing situation that I hope someone will be able to help me solve or at least point me in the right direction. Sorry for the long post! I took out a school loan from a University I attended in Spring of 2011, the loan was to be repaid from my federal student loan for summer courses I was taking. My loan came in and was credited to my account ( it said I owed nothing and was actually due a refund). When my grades for the Spring semester came in they did not meet the schools academic standards and I was dismissed. The only redeeming thing I could think of from that experience was that I had a bill in my hand from the school for $0.00. Fast forward eight months later, I get a bill from the school for the Spring 2011 loan that I believed and had documentation was paid off. Turns out the school said I was not eligible for the loan because of my Spring grades ( which do not come in until two weeks into the Summer Semester). I called and tried to talk to the school, which had added on a late fee before they even sent me notice of the bill. I have argued with them for years because they say they were supposed to return the entire loan and I have researched school loan policies and the school's policies and have found nothing. I have even talked to an attorney who has sent two letters offering to settle the matter for the original amount ( not the massive late fees they've added to the bill) which they have not answered. They have reported the debt to a debt collector that has in my opinion reported the matter in a fraudulent way. So I am disputing it as paid in full. What chance do I have at getting this removed from my reports? Didn't accord and satisfaction happen when it was paid? Experian said it was just an intermediary in the dispute process, which really isn't true because the debt collector can put their information up, but I get a small sentence saying I dispute the bill, I don't get to show where the bill has been paid. Anyway I know this is a long post, but hopefully someone has some advice for me! Thanks in advance!
  13. Hi, A question for my CIC friends: When a credit card issuer does not have typical retail bank operations, but is primarily an issuer of credit cards, and issues a credit card through a standard retail bank, who is the proper reporting entity listed on a credit report? For example, lets say First National Bank of Omaha (who has no retail locations) issues all credit cards for First Community Bank (who has retail locations), who is the proper party to be reporting on a credit report? Thank you.
  14. Hi, About two months ago, I noticed a few inquiries on my credit report that I did not recall authorizing, so I disputed each one with the companies listed on my credit report, CMRRR. Over 30 days has passed since each company has received my dispute letter; of the six or so companies that have received the letters, only two have responded. I thought that they were required to respond within 30 days after receipt of the letter or they could be sued. An attorney I spoke with stated that I had to dispute through the credit bureus first, but that doesn't do anything because they just check eOscar or whatever and confirm it without proving that anything actually transpired. I wanted actual proof that I authorized these inquiries aside from the companies simply stating "Oh, you did." Do I have any right to sue at this point? What should my next step be? Thank you
  15. Does anyone have the recent NCLC FCRA book and no longer needs it? My responses to the Midland and Equifax motions for summary judgments are due in couple weeks and I don't have an extra $250 right now. Could possibly trade for the current FDCPA books as I doubt I'll need them until I appeal, which will be a while if their motions for summary judgment are denied.
  16. Hi, I disputed an entry on my credit reports approximately four years ago and the credit bureaus all removed the entry. After ordering my updated reports this week, I see that one of the credit bureaus added a new creditor's account to my report, shown in a delinquent status. I had never heard of the party, so I looked them up online. It looks like either the party I first disputed had a name change, or they were acquired by this new party. It's hard to be 100% certain thus far, but public corporate records on file with my state show a simple name change. My question pertains to to the Fair Credit Reporting Act, Section 611, which states: (ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. I never received notice of a "reinsertion." My belief is this is a reinsertion, as it shows similar account details that I disputed 4 years ago, and an alleged creditor's new name. However, the credit bureau is likely looking at as a new party, therefore a new entry is appropriate in their eyes. How would you go about disputing this, as a "reinsertion" - or......?
  17. I got NOTHING but boilerplate objections from Midland Funding and MCM, not a single document or meaningful response and they denied my requests for admission without explaining why or providing any supporting docs for their denials. My 7/8 email to one of their attorneys got no reply and we just received a new case management order, requiring a joint motion not exceeding 3 pages re. discovery disputes. So I just requested their portion of the motion by Monday so we can file it on Tuesday. Can't afford the NCLC FCRA manual right now and don't know where to begin. Only have about 1 page for my side of the dispute and I doubt that any attorney has ever had to argue this as Midland would be sanctioned if they pulled this crap on an attorney and they'd have to pay his fees for the motion. Of course I get nothing but stress and mental anguish. Anyway, appreciate any suggestions for my 1 page to the new judge. I bet he'll be thrilled.
  18. I am in a dispute with one of the three major credit bureaus. In my research for case law and supporting documentation for what I believe are numerous FCRA violations, I came across this very helpful report from the National Consumer Law Center entitled: "Automated Injustice: How A Mechanized Dispute System Frustrates Consumers Seeking To Fix Errors In Their Credit Reports." The report breaks down the process by which Experian, Equifax and TransUnion handles consumer disputes for investigation or re-investigation, how and where they outsource the process to, the automated systems involved, non compliance issues with the FCRA, how banks largely parrot the credit bureaus poor process with a similar if not identical process thereby gaming a broken system, numerous case law examples, deposition testimony, and Congressional testimony that support the report's conclusions. I thought I would post and hope it provides useful info for others. Please see: http://www.nclc.org/images/pdf/pr-reports/report-automated_injustice.pdf Also see: www.consumerlaw.org Comments and thoughts are most welcome!
  19. Gathering evidence for pending FDCPA and FCRA actions. Since my credit is damaged, where are some of the best places to apply for credit, in anticipation of being denied - or receiving higher interest rates
  20. Hi Guys, How to classify these violation? JDB put 6 negative tradelines on my 3 credit reports, + they did not notify me within 30 days,... Will it be under FDCPA: 805 Communication in connection with debt collection [ 15 USC 1692C] Or will it be under FCRA: 1681s-2(a)(7): Financial institution must provide notice to the consumer when submitting negative info to a credit rating agency, must be within 30 days, must be in it's own writing. In conjunction with 616 civil libaility for willfully non compliance [ 15 USC 1681n] / or 617 for negligent noncompliance [15 USC 1681o] I was told earlier, that there is NO Private Right on FCRA !?! Or would it be under something else ? Thank you in advance !
  21. Ladies/ Gentlemen, I will need to some info and steps as to: How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ? Here are some background info: -Location: Los Angeles, California -FDCPA & FCRA case -Reason why I file my claim at this court house: ( what I wrote down on small claim court paper) –Where the violation(s) took place AND Jurisdiction of Court; limitation of action *618 [ 15 U.S.C. *1681P] See: www.ftc.gov/os/statues/031224fcra ANDwww.ftc.gov/os/2011/07/11-720 fcrareport.pdf (page 89) " Any action to enforce any liability created under this title may be brought in any appropriate US district court, without regard to amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which violation that is the basis for such liability occurs. " Now the details: 1 months ago, I filed the FDCPA and FCRA violations case at the small claim court Vs. JDB, but still with the Superior Court of California, Los Angeles county platform. The court date set 2 months roughly from the filing date, now, 1 month to away from court date. I just received a letter from JDB’s attorney, suggesting that my case has been moved to Federal level & they even provided with a case #. However, when I checked my own case at lasuperiorcourt.org, my case summaries does not stated it has been moved. Still court date is the same, at the same superior court house. How do I check the case summaries at the federal court level ? The JDB’s attorney is asking for a telephone “meet & confer”, pursuant to Local Rule 7-3, can anyone tell me what is Rule 7-3? How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ? They indicated their intention to file a motion to dismiss the case, (I am sure they will try ! ), I guess, I would need to reply the motion when I see it, right? And how many days ( time dead-line ) that I need to reply? Due to that fact that it is only 1 month away, I take it they are under pressure / deadline, right ? So how play this to ensure I get the most advantage when it comes to counting dates and most benefits for my case? Do I immediately file a motion in ( at which court) to stop their attempt to move my case? Or to move it back at Small Claim Court ? Million thanks
  22. I have to join Equifax and amend my complaint by Saturday (I think, would like to file tomorrow eve) and I posted my DRAFT amended complaint at http://creditsuit.org/litigation-forum/baker-v-midland-funding-mcm-and-bursey-associates/101713-draft-proposed-amended-complaint/ I've made so many changes and my head is spinning, so I'll appreciate any comments regarding: Does it make sense? Do I have the right sections for the FDCPA and FCRA violations? Thanks, Christine
  23. I am posting for a co-worker. She was in the hospital for kidney infection while pregenant. The bill was $28,000 and insurance only covered 90%. She tried to work it out with the Hospital but they got rid of the Debt and now PISA is sending her the bill. They called her and told her that they were collecting the debt and she needed to pay it off immediatly. They also informed her that she could just use her Credit card that has $XXXXX creidt available on it. She told them no and has sent off at least 2 $100 checks to them. I informed her to stop what she was doing and I would get her some help on this. My main question is did they pull her Credit illegally to gain the info on her credit card and its limit? She is going to be pulling her reports in the beggining of June to see what they are reporting. I told her to see if there was an Inquiry from this CA. I have also directed her to this site and am trying to give her a hand on getting this sorted out. What would yall sugest she do in the terms of letters being sent off? Thanks, Dwright19
  24. Hello Everyone, This is my first post and I will try to make it short and clear. I have been disputing accounts with experian and right now I am at the Methhod of Verification stage. I sent letters certified mail and shows they have been delivered. My question is ths: How long do they ACTUALLY have to supply results back to you? is it 15 days or 30 days? The reason I ask is because their website states: "We ask the source to check their records to verify all of the information regarding the item you questioned, and report back to us within 30 days of the date that we received your request" However, the FCRA FCRA, Section 611 (a)(6) and (7). The credit reporting agency must give you the method of verification information within 15 days of your request. Was this changed to 30 days in favor of credit bureaus? Or is Experian just trying to buy themselves more time? I searched for this topic but I couldn't find it with the search option for this board. Im sorry If it was answered somewhere else and I may have overlooked it.
  25. I am sending a pre-suit demand letter to a Bank for damage to my credit standing. The item they are reporting should not be on my credit report at all. Multiple written demands to correct the problem were ignored. They have no proof to back up their reporting, the error is theirs, and the damage prevented me from being approved for credit cards. The incorrect reporting continues. I have two questions about how to value my damages. First, it is my understanding that FCRA damages are $1,000 per instance. Are they stackable? I have read conflicting comments on this, so if anyone can clarify it would be very helpful. I'd like to include a punitive damage demand in my letter. The amount I have in mind is $2500 per instance of denied credit. I choose this amount because its equal to the civil fine amount the FTC can levy, and an amount low enough to open up a pre-suit discussion and correction of the overall problem. Any thoughts on how to value this aspect of my damages? Thanks for any feedback you can offer!
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