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BBB didn't exactly help...


efish
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Ok, I am about as frustrated as can be about now. First things first: I sent THREE validation requests to RMA and Pinnacle Credit Services, each more threatening than the last. I received absolutely nothing in return. Not a phone call, a letter, profanities, nothing. All the while after each try disputing to the CRA's, all come back verified. In the meantime I get fed up and I send complaints to BBB. They send responses back to the BBB:

RMA sends some stuff with my signature on it, cool, fair enough, however, does this prove that they are authorized to collect on the behalf of the OC??

Pinnacle sends back a letter stating that they have proof, but don't send anything???

I disputed through the CRA's, nothing. Came back verified? Was it? I don't think so. What for the love of God, do I do now??

Lastly, there is Crap one that was charged off a million years ago, ok, Oct of 1998, past SOL. Both TU and EQ delete due to no response from Crap one, but good 'ol EX somehow gets it verified. So I send them a letter, CMRRR asking for a procedural request, 45 days later nothing.

I have been disputing for two years. Please ANYBODY help a sista out!!! I don't know what to do.

Thank you please. :D

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BBB is only a mediator. They have no authority whatsoever, and in all honesty, a waste of time. There is no law against lying to the BBB.

Any issue you have of wrongdoing needs to be documented with the FTC and the Attorney General for the state the offender is located in.

You also have the right to sue under the FDCPA and FCRA.

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DocDon,

What exactly do I tell the FTC and the AG? How would I find out exactly what violations there are to sue. because I am now in the process of gathering all of my paperwork to take to the courthouse to file my complaint. These people have not responded to me and the are still reporting verified to the CRA's

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BBB is only a mediator. They have no authority whatsoever, and in all honesty, a waste of time. There is no law against lying to the BBB.

they have no authority, but i dont feel they are a waste of time, its good fodder for showing you tried to sort this all out before being forced to bring legal action.

also i'm not so sure theres no law against lying to the BBB, if what they write to the BBB is a false or misleading representation of the debt, i think the FDCPA would still apply. the representation is to a third party.(working hypothesis for me right now)

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§ 809. Validation of debts

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Verifying the information with the CRA's is 'continuing collection activity'.

Copy and paste the violation into your complaint.

EX doesn't answer Procedural Requests. You'll end up having to sue them, which while a pain in the rear, can be done.

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Go to the top of this page and click on the FDCPA and FCRA. Read through both of them to determine exactly which sections they violated. Then you will compose your complaints by referring to each one. Make sure you have the necessary evidence to back up your complaint. An example would be that they did not validate as described in FDCPA 809(B). You would also note that if the CA tries to use the excuse they did not receive a written in the 30 day period, it does not matter as

FDCPA 807(Eight) clearly states they must acknowledge your dispute and act accordingly. Then you would refer to the sections of the FCRA regarding their not reporting as disputed. This will get you started.

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somebody correct me if I am wrong.

When you send the DV to the CA they are to cease all collection activity, including reporting the debt on your credit report.

After you DV the CA CMRR, and receive your green card back, you send your dispute to the credit bureau.

If the CA verifies the account they have violated the FCRA.

The reason they have violated is because the have continued collection activity without proving you owe the debt.

If they do this (and it sounds like they have) send them a letter letting them know they have violated the FCRA and demand they delete or face a suit for $1000.

Ms. Efish if I were you I would send them notification that they have violated and demand deletion and see where that gets you.

JMHO.

Mrs Potatohead

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they have no authority, but i dont feel they are a waste of time, its good fodder for showing you tried to sort this all out before being forced to bring legal action.

also i'm not so sure theres no law against lying to the BBB, if what they write to the BBB is a false or misleading representation of the debt, i think the FDCPA would still apply. the representation is to a third party.(working hypothesis for me right now)

I agree it shows you are at least attempting to sort it out, but given the BBB has no authority to do anything if there is a violation of the FDCPA or FCRA, you've wasted a step.

All I'm saying, is that if there is a violation of the Acts, then why mess with the BBB? Take your complaint to the FTC and the appropriate AG's office.

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Thank you all so much for responding! Now maybe I can get some where. I will read through the FDCPA and FCRA find all violations and send them one last letter stating where all of the violations are. If I hear nothing back, I will take my complaints straight to the FTC and the AG, then court if necessary. Again thanks for your wealth of knowledge and help.

Efish

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