DiamondJade Posted October 7, 2003 Report Share Posted October 7, 2003 I am really steamed about this CA. They are trying to collect on a debt that was never mine to begin with, and they sent a scary letter on August 6th. I replied on Aug. 27th, cert. mail, RRR... asking them to validate. No response as of Oct. 6th. I just FINALLY got our Equifax files (me and dh) and they've reported this debt without validation!!! They reported the debt AFTER I sent the letter requesting validation. I'm so mad! I want to sue. Anyone have advice.... should I hire an attorney or do it myself? Their previous letters contained no mini-miranda, they did not allow me the 30 days to dispute the debt, and they completely ignored my request for validation. I have not heard from them since the Aug. 6th letter. Help. grrrrrrr - Jade Link to comment Share on other sites More sharing options...
kb9tbq Posted October 7, 2003 Report Share Posted October 7, 2003 Sorry to hear that Jade... and you say this was the 1st communication, then they should of responded.You will need to send a 2nd letter, pointing out that they have not responded as you have requested - for validation of debt.Also follow up and file a complaint with the FTC & BBB. Heck would even suggest sending a letter directly to the original creditor of complaint! Now you say this is not your account? What was your relationship to this account.. need to know this part exactly to see if something can be done here.Just sit on the reporting which is a violation for later use... just address the fact that they have not responded to you. Link to comment Share on other sites More sharing options...
Swede Posted October 7, 2003 Report Share Posted October 7, 2003 I am really steamed about this CA. They are trying to collect on a debt that was never mine to begin with, and they sent a scary letter on August 6th. I replied on Aug. 27th, cert. mail, RRR... asking them to validate. No response as of Oct. 6th. I just FINALLY got our Equifax files (me and dh) and they've reported this debt without validation!!! They reported the debt AFTER I sent the letter requesting validation. I'm so mad! I want to sue. Anyone have advice.... should I hire an attorney or do it myself? Their previous letters contained no mini-miranda, they did not allow me the 30 days to dispute the debt, and they completely ignored my request for validation. I have not heard from them since the Aug. 6th letter. Help. grrrrrrr - Jade LOL, morons.........sounds like a good case for www.edcombs.com or you can go to www.naca.net to find a lawyer in your area. They are definitely violating big time. Link to comment Share on other sites More sharing options...
DiamondJade Posted October 7, 2003 Author Report Share Posted October 7, 2003 There were two different CA's, one sent letters in 2002, one sent their first and only (so far) contact on August 6th of 2003. My son attended a daycare "school" until mid-Jan of 99. The renewal is up at the end of the calendar year, and I did not sign a new agreement for 99, since I had quit my job and I was just easing him out of the routine of going, he went less and less each week. I paid IN FULL for all the days he attended, in Dec. and the few days he went in January. I notified the school in person and in writing that he would no longer be attending. I also called to make sure they had this in their records, since they were a bit snotty about having to have it in writing. Then about 6 months after he had stopped attending I got a bill from them for a few hundred $$. I don't remember the exact amount, and I called and they said, oops, billing error, just ignore it. So i did. This was around June of 1999. Then in Feb of 2002 2 1/2 years later!!! I got a collection letter from Cline and Carmack... no mini miranda, other than this sentence at the bottom "This is an attempt to collect a debt. Any information obtained will be used for that purpose." That's all it said. It references an earlier letter that I never recieved, saying... "You have failed to respond to our previous notice advising you of the delinquency of your account. It is our intent to pursue... blah blah blah....." They listed the total as $3,904.54. Outrageous! I can't imagine how they arrived at this figure, since my son would have to have attended for 11 more months to ring up this much tuition, and obviously they wouldn't have let the bill lag for over 11 months!!! I can only guess that they added enormous fees, interest and who knows what else to their initial sum. What I figure happened is they did not stop his enrollment, although they knew he was not attending, and at the end of the "year" in June, said.... Oh... you owe from Jan to June... which, if it was billed at full time rate would have been about $1800. I am fine with going to court over this.. they have no record of enrollment since I didn't sign anything that obligated us past Dec. 98. and there would be no record of attendance (sign-in sheet) past two weeks into January, if they even kept those. My guess would be they don't even have those, since they're not a requirement, state-wise, and just a tool to make sure only the parent or authorized person takes the child home. I'm mostly pissed that they put this on our credit after I specifically sent a letter requestion validation and specifically said in the letter DO NOT report this without validation!!! I need to get it back off our credit, as we want to move to another rental house now, and want to buy a house in June of next year...... - Jade Link to comment Share on other sites More sharing options...
kb9tbq Posted October 7, 2003 Report Share Posted October 7, 2003 Do you by chance have a copy of the letter they required you to send in writing notifying them that you canceled service?That would be just great to shut them down... would seal their fate.If you don't... like you said they that you know they would of had a sign in sheet and new contract signed to be sure to bring this up.As well if you can remember the date the first time they tried collecting that you spoke with their office & having been told to disregard the collection bill. That would be great too.Best of wishes on this matter - that is a pretty increadable amount they deem collectable. Link to comment Share on other sites More sharing options...
DiamondJade Posted October 7, 2003 Author Report Share Posted October 7, 2003 No, I don't have the letter cancelling service. It was actually just a hand written quick note... that's all they required and I, at the time, never imagined I'd need a copy of such a thing. I remember just writing it on a piece of paper they had available in the office when I went in to cancel it. But I probably wouldn't have kept it anyway, not for more than 4 years! I remember calling them in June of 99 about the bill, but there wouldn't be a record of it, they're not a very large business and they didn't do all their paperwork on computer, at least then, so I'm quite sure there's no way to prove that I did call back then. But, doesn't the burden of proof lie with them? I mean, they're the ones claiming I owe them money. Don't they have to have proof that I owe them? Paperwork that I signed agreeing to a certain amount of money? Some kind of contract? How do I prove a negative anyway, prove I don't owe something. I thought it was on them to prove that I do (which they can't, cause I don't and never did owe them anything). Well, what I'm going to do today is write the CRA that is reporting this account in error and send them my letter, the CA's letter, my RRR and a demand to delete. It's totally outrageous. Any other advice would be appreciated. - Jade Link to comment Share on other sites More sharing options...
kb9tbq Posted October 8, 2003 Report Share Posted October 8, 2003 Yes, burden of proof is on them... it just drags it out longer for you chasing them off is what I had meant by asking. It is funny that for me... I aways save all paperwork, but could never find it with my filing system here!!!You are on the right track... to dispute and send them request for debt validation. Will just have to see what comes of this matter, as you go. Link to comment Share on other sites More sharing options...
DiamondJade Posted October 8, 2003 Author Report Share Posted October 8, 2003 So, I faxed the CRA tonight with the letter of validation I sent the CA in August, along with the rrr and a letter to the CRA asking them to immediately delete the account. I'll keep you posted on the results. I'm still steamed about it, but the good news is I got two other accounts deleted, one account deleted from Eq and one deleted from Ex. TU is taking it's sweet time, although it is past the 30 days. I also faxed Ex and TU about another account that they have had 30 days to investigate +5 days and they have not responded other than to send me a copy of the report... no corrections yet. More later. - Jade Link to comment Share on other sites More sharing options...
retmar Posted October 8, 2003 Report Share Posted October 8, 2003 First off, Welcome aboard DiamondJade!!Now, sit down and relax. Look at your CR. It should tell you what the DOLA is. If it is more than 4 yrs, breathe a sigh of relief. This CA and the Daycare have no legal recourse to the debt. The SOL has expired and there is nothing they can do. The only thing they can do is send a dunning letter each month, period. It cannot threaten in any fashion. Now, for the better news. In the State of California, it is a violation to even attempt to collect on a timebarred debt. You will find this in the FDCPA at the top of the page. It is under Section 807(2)(A). As to the State law, you would cite California Civil Code 1788.17 as it best identifies the Federal. While you are here, go to the "Credit Repair" Section and click on the "sticky" at the top of the page regarding the laws in California. It is full of information.Now, to have more fun, if the Daycare is still in business, go down there, do not call. For IRS and other reasons, they should still have your file. Have them pull it in front of you. All or most of the proof you mentioned should be in there. Get copies. Before you walk out of the office, make sure you talk to whoever is in charge. Make them quite aware of what is going on. And, be absolutely sure that you tell them, that, in the State of California, a creditor is liable for the actions of the CA. You would also remind them that, at times, it is considered Extortion/Fraud under California Penal Code 518-527, to even attempt collection on a timebarred debt. In this State, it usually only happens if they sue, but, they don't need to know that. You want to do this so as to maybe cause the daycare to recall the debt from the CA. I think you get the picture. Lastly, you will compose a letter advising the CA that the debt is timebarred and that they are in violation, etc. There are samples here at this site. You will not be polite in any fashion. You will be direct when you say that they must, upon receipt of your letter, postmark a letter to you within 5 days that states they have closed account, removed all negs from CR's, and will not sell, transfer, or reassign to anyone. You will also tell them that you are filing complaints with the AG, FTC, and the BBB. Be sure to include copies of all items you received from the daycare that prove the debt is invalid. If you can't find one that fits your situation, create one here and we will critique it for you. Just be sure to leave out all personal info. Use X's or whatever to hide that info. Now, here is a kicker. Do you have all of the correspondence they have sent? If so, read all of them. What you are looking for is a sentence that says they are going to place this info on your CR's. If you find one, then forget it. BUT, if you don't find one, cheer. They have also violated California Civil Code 1785.26(. What that clearly says is that they must notify you, in writing, within 30 days before or after they report the negative info. When I read your post, it appears that this entry was just recently made. Call the CRA and see if they have the exact date. I know EQ does not list the day, only month and year. I say this only for the reason that you want to be sure they are beyond the 30 day window. So, if you don't get an exact date, use the date of your current report. Add 30 days plus at least 7 days for snail mail, then hit them with it. Or, you can save this part for your clincher if they decide to play games. You have the upper hand now. Link to comment Share on other sites More sharing options...
calawyer Posted October 8, 2003 Report Share Posted October 8, 2003 What county do you live in?Any denial of credit based upon the inaccurate reporting? Link to comment Share on other sites More sharing options...
LadynRed Posted October 8, 2003 Report Share Posted October 8, 2003 Jade - I know of a lawyer in CA who may take your case. PM me and I'll give you her contact info Link to comment Share on other sites More sharing options...
DiamondJade Posted October 9, 2003 Author Report Share Posted October 9, 2003 No denial of credit, yet. It just happened and I haven't applied for any new credit since it was put on, BUT I want to move and they will check my credit then, and that mark will certainly not help. I have a few other neg's but the rental company requires that you have 80% pos, 20% neg max, and I think this account makes it like 40% neg instead. I hope it will be resolved soon, I want to turn in the application next week to move.Thanks for the extra info. - Jade Link to comment Share on other sites More sharing options...
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