I'm back with another question!

[Deliahsdad2]

Hiya everyone. Took some time off. Got my scores to around the mid 600 ranges (up from the mid 500's) however let me list my sticky prob. I have one Collection account--listed with all 3 CRA's. I have disputed as not mine (don't believe it is) well as sent DV's to the OC and CA, with no response back. I did receive a letter from a lawyer stating the amount is owed to him, but he will give no further information than that, i.e. he represents the OC or the CA. But the CRA's continue to state valid account, after "Investigation" Not to mention the amount owed has increased $50 since I requested validation. Anyone got some advice? As to next step, oh yeah been 3 months since DV's were sent to OC and CA and no response but they continue to validate the so-called debt. Thanks folks--I love this board!

[ADSOFT]

Hiya everyone. Took some time off. Got my scores to around the mid 600 ranges (up from the mid 500's) however let me list my sticky prob. I have one Collection account--listed with all 3 CRA's. I have disputed as not mine (don't believe it is) well as sent DV's to the OC and CA, with no response back. I did receive a letter from a lawyer stating the amount is owed to him, but he will give no further information than that, i.e. he represents the OC or the CA. But the CRA's continue to state valid account, after "Investigation" Not to mention the amount owed has increased $50 since I requested validation. Anyone got some advice? As to next step, oh yeah been 3 months since DV's were sent to OC and CA and no response but they continue to validate the so-called debt. Thanks folks--I love this board!

How much is the debt for?

My opinion is that if they don't validate the debt you might be able to sue first for violation of the FDCPA. Plus they can't get a judgement from you without validation.

If the bill is over $1000 then they might figure they are willing to risk the $1,000 violation because your bill is greater. You might have to sue for more than $1000. Try FCRA Violdations, did they put the account in dispute, and DEFIMATION of character, did you get turned down for credit or maybe could not get a job.

If you have a DV letter and they verified w/o putting in a dispute you have them on a violation hands down.

... Just my opinion, I would talk to legal counsul, this is not legal advice

[horns]

What do you mean when you say "dont belive it is" ?

You dont KNOW if this your debt or not?

Do what I did yesterday, call the OC and tell them a SOB story that you moved and never received mail from them and "forgot about it".

Negotiate a rate and pay them off, be sure to get a written statement from them saying they will update w/ the CRAs as paid in full or paid as agrees======and remove the CO or collection statement...

It worked for me today!!! YIPPEPPPEPEPPEPPE

[Deliahsdad2]

Hard to give all the information here on the board--as I don't know who visits-----

Horns--"don't believe it is"--thats my story and I'm sticking to it--if I dispute as "not mine"--can I say otherwise? And yes I did move before the letter came in but to give further information it was taken to court--I was found in default as I was not in the state (due to military reasons--no proof though) not to mention the OC will not return calls nor respond to a DV letter.

AD

For around 900 to 1 grand is the total amount actually it started at 899 and now its at 941 and in the great state of Michigan you can't sue for Defam because of info on CR's--there have been legal findings on this type of thing. Thas why I'm looking for other's advice. I just don't want to give out more information than I have to on the board. As hard as it may seem to understand where I am coming from.

[ADSOFT]

AD

For around 900 to 1 grand is the total amount actually it started at 899 and now its at 941 and in the great state of Michigan you can't sue for Defam because of info on CR's--there have been legal findings on this type of thing. Thas why I'm looking for other's advice. I just don't want to give out more information than I have to on the board. As hard as it may seem to understand where I am coming from.

I hear you on the confidentiality stuff.

I don't undestand why you can't sue for defimation of character: In this case it would be getting turned down for a loan by them reporting incorrect information.

Of course this is not legal advice but FWIW this is what I would do if I were in your situation.

I would send a DV letter stating you are disputing the debt and you want the CA to prove you have a contract with them. Usually, even if the debt is yours unless it states that it is assignable the contract will always be between you and the OC, PERIOD.

Now, I'm not a lawyer, but if they can't properly validate I beleive they can never get a judgement on you.

Also, if they don't put your account in dispute, then you have the on a FCRA violation, and if they don't validate you might have the on a FDCPA violation. ... That's $2,000 BUCKS.

I would send a 30 day validation letter and in 15 days after that send them a DEMAND, ITS letter to remove (if any of the following: 1) didn't put it in dispute, 2) The contract is not assignable 3) if they could not validate) and settle the debt(cancel it) otherwise you are going to take them to court and send a letter to the FTC.

Of course this is only what I would do and it's not legal advice. I would also look into how ASSIGNMENT CLAUSES fit into the equation. ... So, you still have a few aces up your sleeve.

Now, regarding the DEFIMATION OF CHARACTER, I find it hard to believe that you can't use it as your defense. I was watching one of these TV law shows( Judge Wapner(sp) stuff). Although some of that stuff is entertainment the JUDGE diid say that to sue somebody for defimation of character you must prove that somebody "COMMUNICATED SOMETHING IN WRITING(MAYBE ORALLY??) THAT WAS NOT TRUE AND IT CAUSED DAMAGES". I have read on othe boards were people have gotten turned down for house loans and credit cards and used the denial letter as proof.

Anyhow, are you sure that you can't use DEFIMATION OF CHARACTER????