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  1. @BV80 This was filed yesterday in US District Southern District of California. https://files.consumerfinance.gov/f/documents/cfpb_encore-capital-group-et-al_complaint_2020-08.pdf Consumer Financial Protection Bureau Sues Debt Collectors and Debt Buyers Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp. WASHINGTON, D.C. — Today the Consumer Financial Protection Bureau (Bureau) filed a lawsuit against Encore Capital Group, Inc. and its subsidiaries, Midland Funding, LLC; Midland Credit Management, Inc.; and Asset Acceptance Capita
  2. Commack, N.Y.-based Forster & Garbus LLP sought to collect on more than 99,000 debts through lawsuits between 2014 and 2016, relying on “nonattorney support staff, automation, and both a cursory and deficient review of account files” to file those suits, according to CFPB complaint filed on 5/17/19. Federal district court case Forster & Garbus, LLP The Consumer Financial Protection Bureau today filed a lawsuit in the federal district court in the Eastern District of New York against Forster & Garbus, LLP, a New York debt-collection law firm. The Bureau’s complaint all
  3. I was sued by a JDB, and properly filed a MTC arbitration. Before the motion could be heard, the JDB filed for a default judgment. Eventually the MTC was granted. Did the JDB violate the FDCPA by filing for default once they knew I was demanding arbitration?
  4. 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
  5. Barclays Bank Delaware is one of five defendants with the others being a law firm & attorneys who sued me in small claims. I sued all five defendants under FDCPA & FCCPA. The law firm has retained counsel & filed a motion to dismiss for failure to state a claim. Barclays Bank Delaware is a Defendant under FCCPA only. They were served on April 9th and had until April 30th to answer. They still have not answered my complaint nor retained counsel. Should I file a motion for default on the OC before dealing with the law firms motion to dismiss?
  6. Here is the scenario: Sued by JDB and during the lawsuit, the JDB lawyer has emailed me several times and has not provided the required FDCPA disclosures. Prior to litigation, this lawyer sent me a dunning letter that did contain the required notice. The fact that he was attempting to collect the debt and identified himself as a debt collector (IMO) subjects him to the FDCPA. (I have no doubt he "regularly" attempts to collect debts). Also, JDB is vicariously liable for agents attempting to collect on its behalf. Also, during discovery the JDB has admitted they applied interest to the ac
  7. I got served by a JDB, for a debt of an amount under $3,000 and am working on making my response. Thanks in advance for help!
  8. Kind of a long story, but here goes. I knew what I should of done to make this a stronger case, but I was lazy and didn't copy the letter I sent in response because I didn't have access to a copy machine, and sent it off before I could copy it. That being said here's the story. In 2015 I joined Golds Gym. January. I wasn't using it like I should, but I was paying month to month (no contract) for my son to go too. He used it all the time. So I asked them if I could transfer my contract over to him, and they said yes. That was the end of March. I didn't realize it was a whole
  9. Hello, Years ago my wife had a judgement against her that lead to her bank account being emptied and wages garnished until the judgement was satisfied. It happens. The collection company failed to report that the judgement was satisfied in 2014 and we are just now realizing it in 2016 because it is holding us up from buying a house. We have called them asking for it to be taken care of and are always routed to a messaging machine or promised that it'll be faxed where we asked only to have it not happen. To me, from my research and according to the FDCPA, they responsible
  10. 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 ad
  11. Okay...so now I am really confused. Should I be happy or concerned or ??? Last week I received a Motion for Dismissal which was written by the Plaintiff's Attorney that was mailed on 23 February. I was in court around the 10th of Feb where I managed to get the judge to take a look at the Encore Consent Order and felt this was the resolution of that case based on that hearing. Fast forward to yesterday, I received a dunning letter on the same account. Same attorney, same account, same amount, everything and it was dated 11 February but it was mailed on 25 February. I think
  12. Hi, All. Midland has been harassing me with phone calls and settlement offers regarding an alleged credit card debt for some time now. I've never responded. They're also reporting on my CR and I'd like to find a way to get it off, particularly since they entered the start date for the purported account 4 years after the alleged OC default. I believe that they've avoided filing a lawsuit because in California, this alleged debt would now be about a year beyond the SOL. I've read elsewhere on the site that reporting on my CR without listing it as "disputed" may be an FDCPA violation. C
  13. I received two debt collection letters (attached here) from NCB Management Service Inc. allegedly on behalf of Barclays Bank Delaware. Collection letter #1 dated 7-7-15 states that a Barclays Bank Delaware account ending in 0328 is delinquent and all correspondence and payments are to be made to NCB. Collection letter #1 was received 7-14-15. The 30-day dispute period required by FDCPA started on 7-14-15. Collection letter #2 dated 8-6-15 was received during the 30-day dispute period. The subject of the first two paragraphs of letter #2 are a request to contact their office regarding
  14. I had cancer when I was 20 and was on disability/SSI and almost died during this time. I had a small bill that my parents did not pay of $700(I had no income). Apparently worldwide asset purchasing opened a lawsuit for collections on this $700 when I was 23(2003). My mom signed for the paper when it was sent and I never knew about it. They didn't pursue anything however. I am now 35(2015) and out of nowhere they opened the case back up, sued me, and garnished my wages for $2000. Is this legal?? The statute of limitations is 6 years in NJ. I have a lawyer going after them for the violation of
  15. 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 f
  16. Trying to see who we have and where they are from when it comes to attorney. Anyone??
  17. I've seen quite a few questions about Advanta, but I didn't see any like my situation where business credit card debt was sold to Carson Smithfield. We went through the closing of Advanta and the sudden increase in our interest rate like everyone else. We worked on paying it for years then started fighting the interest rate increase and did stop paying. We weren't getting anywhere then the account was charged off and sold to Carson Smithfield. We started paying the offered payment terms by Carson Smithfield, thinking we had no alternative. But recently I've started doing some research.
  18. 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
  19. This is a must watch behind the scenes video for anyone receiving debt collection calls: http://www.insideedition.com/videos/3437-watch-dirty-secrets-of-debt-collectors
  20. 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 eO
  21. Hi All, So I have been working on fixing a couple small errors on my CR the past month or so and have found some major mistakes I am taking action on. During this process I received a notice from Experian in the mail with two new accounts on it that were added to my CR that were not previously on there. Two very small old debts (almost 7 years). After doing some research under the FDCPA it looks like I should have received some communication from the furnisher within 5 days of putting this new data on my CR. 15 U.S. Code § 1692g - Validation of debts (a) Within five days after the in
  22. Fred Hanna files a motion to dismiss and CFPB files its response. I recommend clicking through to read the CFPB's response: http://www.insidearm.com/daily/debt-collection-news/debt-collection/cfpb-gets-testy-in-latest-filing-in-debt-collection-law-firm-enforcement-action/ (I apologize in advance if this has been posted here already. I didn't see that it had been.)
  23. Great reporting on a difficult subject. Debt collectors are bad enough, but to be harassing the family members of people who just passed away is awful. Thankfully, this end of the industry is beginning to clean up its act. Please see: http://www.vox.com/2014/8/27/5978351/inside-the-practice-of-collecting-money-from-dead-people-deceased-collections?utm_medium=social&utm_source=facebook&utm_campaign=voxdotcom&utm_content=wednesday
  24. Fascinating story regarding the seedy underworld of debt collectors, debt brokers, and those who finance them. Paper Boys: Inside the Dark, Lucrative World of Consumer Debt Collection Source: New York Times, Aug 15 2014 http://www.nytimes.com/interactive/2014/08/15/magazine/bad-paper-debt-collector.html?partner=rss&emc=rss
  25. Hi all, I received a debt collection notice from a JDB for an alleged debt with Comcast. The notice was dated 7/4/14 with an offer of settlement at 80% of the alleged debt. It should be noted that I rarely if ever mention the name of a party in my posts. In this case, for this particular company, I'll make an exception. I responded with a debt validation request pursuant to the FDCPA, and sent it CMRRR. The JDB received it 8/1/14. They provided no information from Comcast that validated the debt, no proof of any account - not even dates of service. Instead, the JDB responded with an identic