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Three Strikes


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Sent in validation request to a collection agency. Waited 30 days and received no response.

Sent in follow up letter stating that they were in violation of FDCPA. Waited another 30 days and received no response.

Called CA to see if I could get fast resolve since I had them dead-to-rights on failing to validate (copies of letters, return receipts, etc.) They tried several utterly lame attempts at diversion and outright lies, all of which I immediately called them on and completely blew out of the water.

The manager’s final response?

“Look, I’ve got better things to do than sit here and argue you with you about X amount of dollars. If you want to sue us, go ahead.” And then she hung up!

Well, sue them is exactly what I plan to do. A couple of questions first…

1) When I contact CRAs, on what grounds should I ask to have this deleted from my records? “Failure to validate?” Also, should I include language stating that I expect more from the CRAs than “verbal confirmation” from the CA since the latter has blatantly failed to honor my requests for acceptable validation? I will, of course, be including copies of the letters and return receipts.

2) On what grounds should I sue CA? And also, as this will be a civil case, what should I be asking for? Removal of record? Monetary damages?

3) Finally, I would seriously like to file criminal charges against this CA as well. In my mind, what they are doing is no less than extortion: they are attempting to collect money, when they have not one shred of evidence that I owe them ANYTHING, and they are using intimidation tactics – namely, “if you don’t pay us, we are going to continue to harm you by reporting you as delinquent to CRAs” – in order to do so. They cannot reasonably contend that this was “all a mistake” because I have proof that I have asked them to a) provide proof that I owe them money – which they refused to do - and B) in light of that refusal, I asked them to remove these listings from credit reports, which they have also refused to do. Does anyone have any thoughts on this?

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<blockquote>1) When I contact CRAs, on what grounds should I ask to have this deleted from my records? “Failure to validate?” Also, should I include language stating that I expect more from the CRAs than “verbal confirmation” from the CA since the latter has blatantly failed to honor my requests for acceptable validation? I will, of course, be including copies of the letters and return receipts.

Well, you've broken the first rule of debt validation: don't EVER CALL THEM ON THE PHONE. And you were handsomely rewarded for your efforts.

2) On what grounds should I sue CA? And also, as this will be a civil case, what should I be asking for? Removal of record? Monetary damages?

File a suit against the CAs under the FDCPA for continuing to report on your credit report. This is considered continued collection activity after a request for debt validation. (Look up the section on the link above.)

Read up on the debt validation techiques again, it will tell you all, and do a search on this board, this topic has been covered many times.

3) Finally, I would seriously like to file criminal charges against this CA as well. In my mind, what they are doing is no less than extortion: they are attempting to collect money, when they have not one shred of evidence that I owe them ANYTHING, and they are using intimidation tactics – namely, “if you don’t pay us, we are going to continue to harm you by reporting you as delinquent to CRAs” – in order to do so. They cannot reasonably contend that this was “all a mistake” because I have proof that I have asked them to a) provide proof that I owe them money – which they refused to do - and B) in light of that refusal, I asked them to remove these listings from credit reports, which they have also refused to do. Does anyone have any thoughts on this?

</blockquote>

The lawsuit I suggested above will cover it.

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