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CA stall tactic?


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DH sent a CA a DV letter they answered by sending some lame printout that meant absolutely nothing to us. We used the DV sample letter contained on this site with a few small changes. DH said that he "may" have been a victim of identity fraud.

DH followed up with a 2nd letter:

"[TAB]Enclosed please find a copy of my letter to you dated September 27, 2002. You will also find a copy of the signed postal receipt dated October 2, 2002.

[TAB]Please be advised that you have not complied with the Fair Debt Collection Practices Act, Section 809(B) and you are now in violation of the act. You did not provide satisfactory proof that this debt does belong to me, nor did you respond to my letter within the 30-day time frame required by the FCRA.

[TAB]You need to immediately remove the collection listing from my credit report or I will have no other alternative than to file a lawsuit against you because you are in violation of the FDCPA, Section 809(B) as I have already stated above.

[TAB]I do look forward to an uneventful resolution to this matter. Thank you in advance for your cooperation in this matter."

Today the CA followed up with a ridiculous letter totally ignoring the 2nd letter. They enclosed forms from the FTC and want him to sign an affidavit saying that he is a fraud victim AND they want him to enclose proof of residence, etc from almost six years ago!

Where do we go from here? I think he should send them one more letter saying time's up - I'm gonna sue. What do you suggest?

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<blockquote>Originally posted by creditfix

No, no, no, Pammila. I must not have been clear on my posting.

</blockquote>

Actually, it was pretty clear to me the first time around, just had to watch the bachelorette before responding ;)

<blockquote>Originally posted by creditfix

Right now he is a victim of the CA who will not properly validate the debt. Why should he pay something that he doesn't even owe? Why should he have to fill out their papers when THEY are the ones in WILLFUL non-compliance?

</blockquote>

He shouldn't pay, he shouldn't sign papers, he doesn't have to give them jack sh**. Just like you said yourself, the burden of proof is on the CA who is the party reporting negative information on DH. He's not reporting anything on them and doesn't have to fill out paperwork so that they can use that information against him.

<blockquote>Originally posted by creditfix

The SOL has passed so they cannot sue him. But, they are defaming him by keeping this on his credit report. DH should not have to prove where he lived 6 years ago in order to get them to obey the law and validate the debt.

</blockquote>

Just remember that it's DH responsibility to bring up the SOL defense should legal action be taken from the CA.

Who is the CA? I'll see if I have some "stuff" on them. If they ignore this second request, I would send a 48 hour letter stating the they have that time to delete since they obviously can't validate and that if they don't comply, you will file complaints with the BBB/FTC/AG and Planetfeedback and seek the advice of your attorney to proceed with legal action. You obviously have to file all the complaints should they not remove.

If they don't remove at that time, you can always obtain and fill out the forms for a small claims suit, don't file the suit but send it and state that "you now have in your possession your next communication from me regarding this matter. should you not comply with the laws i will be filing this suit on xx (date) in xx (city, court). this is your LAST chance to settle this matter.

I assume that your goal is to get rid of derogs outside of court. By showing the court that you have on MANY occasions attempted to settle this matter without involving the court and showing a solid papertrail as proof, the judge can only look favorably on you.

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Thank you, Swede. The CA is American Agencies. Please let me know if you have anything on them. I've never been to Planetfeedback but plan to check it out now. Thanks again. And, yes, we just want the derogs removed. We don't want to have to sue anybody - they just need to obey the law.

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Swede, one more thing. He already sent a second letter demanding validation and that is when they sent the FTC forms. Should he follow up with a 3rd demand letter and then the 4th should be a copy of a small claims form filled out. Or...should he send the small claims form now?

[Edit by creditfix on Wednesday, January 15, 2003 @ 09:25 PM]

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<blockquote>Originally posted by creditfix

Thank you, Swede. The CA is American Agencies. Please let me know if you have anything on them. I've never been to Planetfeedback but plan to check it out now. Thanks again. And, yes, we just want the derogs removed. We don't want to have to sue anybody - they just need to obey the law.

</blockquote>

I'll check my bedroom walls for it ;) (Kimber thinks I sleep w. case law...)

<blockquote>Originally posted by creditfix

Swede, one more thing. He already sent a second letter demanding validation and that is when they sent the FTC forms. Should he follow up with a 3rd demand letter and then the 4th should be a copy of a small claims form filled out. Or...should he send the small claims form now?

</blockquote>

Forgot to ask but think I assumed, has this been disputed with the CRA's? I meant sending a 3rd letter giving them 48 hours to cure. Then after 48 hours, filing complaints threatened in the letter and thereafter sending the form. So in essence, there would be 3 letters, complaints and finally "intent to sue".

This is provided you have disputed w. CRA....otherwise, you should do that asap while they're in validation.

[Edit by Swede on Wednesday, January 15, 2003 @ 09:37 PM]

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Yep - disputed with the CRA several times. It was deleted on TU and EQ. EXP keeps saying verified. In fact, EXP is in violation because they removed it then they put it back on a couple of months later without notifying DH.

DH will send the cure letter off on Friday along with the copy of the Small Claims Form followed by filing complaints with BBB, AG and FTC. Right? :D Thanks for your input! I'm ready to get rid of these jokers - we need to refinance our home and this is definitely not helping! :p

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