Search the Community
Showing results for tags 'violation'.
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 account for an 18 month period following charge-off in which they did not own the debt. The situation here is that prior to filing the lawsuit I was provided a statement of account that showed that interest was applied. Going by the date I received this statement, the FDCPA SOL has expired. However, the fact that the JDB is the one that applied the interest was revealed through responses to my RFA's in July of last year (still within SOL). I was reading this thread and the discussion starting here: http://www.creditinfocenter.com/community/topic/320695-suing-bursey-associates-for-filing-suit-on-midland-account-with-expired-sol/#entry1249949 I wanted to get some feedback on the "last opportunity to comply". Specifically, whether or not violations committed during litigation create their own SOL clock. Also, in the case of the interest, the SOL is well past going by the date the JDB applied the interest, but since I was not made aware of the violation until much later (and 5 months into litigation), does the SOL clock on this violation begin to run when I became aware the interest was in fact applied by the JDB? Does the date they filed the lawsuit play into this one at all?
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 !
Hi all, I posted another thread a couple days ago asking for lawyers in town. I get some great tips and I will consult the recommended lawyers in a few days, but I would like to do some homework first. Quick summary: It is my wife's Discover card, opend in 2009 and went default in early 2012. Amount is ~8000. The plaintiff's attorneys are Bishop, White, et all., of Seattle. We are in Oregon. Highlighted Events: 1. On July 2012, received a letter from Discover stating "Attorney Placement Pending". They wanted us to contact by Aug 31. 2. Within 2 weeks I sent Discover the following letter via CMRRR. Received the receipt a week later. ------------- x --------------------- x ------------------- My wife's name Address Discover Address Re: Account # This letter is being sent to you in response to a "Attorney Placement Pending" letter sent to me on July XX, 2012. I dispute this debt. As listed in the Card Member Agreement, I elect the arbitration with JAMS. I also request that you advance my JAMS fees directly to JAMS, per the Agreement. I would also like to request, in writing, that no telephone contact be made by your offices to my home or the homes or places of employments of my family as it is very inconvenient. Signed My wife's name ------------- x --------------------- x ------------------- 3. Never heard from Discover again 4. Sep 2012, first letter from Bishop et all. arrived, stating "Unless you dispute the validity...". Standard collection letter. 5. Sep 2012, about a week later, second letter from Bishop et all. Stating "Please call us..." 6. Within 2 weeks, sent DV letter to Bishop et all. via CMRRR. Received receipt in a week. 7. Never heard from them again. 8. A few days ago (Apr 2013), served by complaint filed by Bishop et all. Questions - Did we do anything wrong in our arbitration election letter to Discover? - Did they validate anything, as we did elect it but they went ahead and sued us? - Can this law firm ignore DV letter? Other Miscellaneous Note - I pulled my wife's credit report. Only Discover is listed, but is charged off. - Even after the letters from 1, 4, and 5 above, Discover sent her statement until Jan 2013. Thank you so much for your answers in advance. You didn't have to help but decided to do it anyways. I cannot thank you all enough. Sincerely, suite800