reno2360 Posted October 8, 2004 Report Share Posted October 8, 2004 I have a good case against a CA who admitted they were in error to report an account to the CRA's. It was from a medical group who was billin me the wrong amount in the first place. Someone has simply switched a "3" to an "8" therefore making the amount due wrong. I have the EOB with the correct amount. However NO ONE would correct it.They then sent it to a CA who was horribly rude when I contacted them, they hung up on me and never looked into my complaint. They did not verify the amount. I then had to do all the work and contact the OC and fax the EOB numerous times to the CA before they would do anything about it. At that point they stated they would remove their tradeline from my credit report on TU. Over a year later I find out when I bought a car that they never did and they also still showed the wrong amount.I sent them a letter threatening to sue them for knowingly reporting erroneous info to a CRA and they fell all over them selves to remove it and of courst make all sorts of excuses. They stated they made the request but it was not honored. They however could not come up with any evidence that they did and eventually I was informed that they did not until I sent them that letter.They then pulled up my credit report to "review" it to make sure it had been deleted, a non PP. Interesting as the report they pulled up was fromone of the credit bureaus that DID NOT show their tradeline in the first place. I now sent them notice that I would sue them for that also.Sorry this is so long, but I then received a letter from their attorney - mailed to my place of employment but not labeled personal and confidential - informing me that if I am foolish enough to file I will be liable for their fees, etc... Now, what I find curious is that I have nevergiven these people my work address and even the CA up until one week ago had only mailed me correspondence to my home. I believe the attorney used my employment as a veiled try to intimidate and embarrass me at my place of employment. As with most companies all mail goes to a central area where it is opened, read and distributed. By intentionally doing this to me wasn't this rather unethical? He purposely sent it there and did not if confidential. I want to report him to an ethics board - do I have grounds? Also do you agree that he is just trying to intimidate me as he and the CA know I do have a case otherwise even if he is on retainer to them, they would never bother paying him to try to scare me? Link to comment Share on other sites More sharing options...
anti-something Posted October 8, 2004 Report Share Posted October 8, 2004 GO FOR IT!! i certainly would, they had no business sending something like that to you at work, specially since you can prove they know a good home address for you. it really sounds like intimidation, like the bozos who informed me they knew where i lived (i have a PO box for my mail) so i invited them over to meet my 120lb four legged friend.and while you are there report the CA to the FTC, your AG and theirs, ACA (if they are members) the BBB.And then file your suit! Link to comment Share on other sites More sharing options...
Methuss Posted October 8, 2004 Report Share Posted October 8, 2004 I agree that sending the letter to your place of employment when no other correspondence from you came from your employment location is wholely designed to intimidate and embarass you. If any letter you sent prior to the CA included a C&D of communication at place of employment, then this would qualify as a FDCPA violation.By the way, they got your employer info from the non-pp pull they did of your credit report. So in addition to the statutory claim for the non-pp pull, you have defamation since they used info obtained illegally with the intent to harass and abuse. Link to comment Share on other sites More sharing options...
reno2360 Posted October 8, 2004 Author Report Share Posted October 8, 2004 Is this the kind of thing in legal circles that would be considered unethical? I would love to file a complaint with the state BAR in California but the site I read made it seem as if this may be deemed frivolous, and that would harm my own credibility. I am most definately going to shoot off a letter right back to him, I am waiting to cool off so I don't include something I may regret.I have one more question- I was intending to go to small claims here in California where I understand there can be no attornies. He threatens that I will need to pay his attorney fees but even if I lost in small claims that would not be the case, right? Or do you think maybe they would try to bump it up to the next level in order to be able to use an attorney? Link to comment Share on other sites More sharing options...
Methuss Posted October 8, 2004 Report Share Posted October 8, 2004 I'm not sure if a bar association ethics committee would consider this un-ethical. It is certainly agressive. But as I stated, if they sent something to your place of employment in defiance of the C&D then they broke the law...plain-and-simple.If you make any FDCPA or FCRA claim without tethering it to a State law (Cali has good State consumer protection laws) they may try to remove it to Federal court. Sometimes small-claims judges will allow the removal simply because they have no experience dealing with FDCPA/FCRA law -- they just dump it to a different court. I had a Ca try this on me once and found a good way to short it out: I objected to the removal to federal, quoted the FDCPA which says plaintiff may sue in any court of competent jurisdiction, and then based my objection on the defendant claiming the court currently hearing the case was not competent. It was a gamble but the judge's pride was ruffled enough by the suggestion that the defense believed he was not competent to handle the case that he denied the motion to remove. Link to comment Share on other sites More sharing options...
reno2360 Posted October 8, 2004 Author Report Share Posted October 8, 2004 How do you "tether" it to state law (California) - do you mean use file using both the state and federal laws? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 8, 2004 Report Share Posted October 8, 2004 I would sue them, but I do not think the attorney has been anything but rude. The FDCPA allows a court to give the prevailing party fees. Most state court rules allow for sanctions if the court finds a case was frivilous. Sue. And save teh letter. If the attorney continues to be disrespectful, go to the grievance committee. Link to comment Share on other sites More sharing options...
retmar Posted October 10, 2004 Report Share Posted October 10, 2004 What you need to do is read our "Sticky" near top of this page about "The Law in Calif". It will give you most of what you need. I would not cite both laws in the same complaint. Not even a reference. Reason being is if you lose, you will not be able to bring another suit. Since FDCPA 816 says that State Law takes precedence if it offers more protection, you would cite the State Law. California is more stringent than Federal. Besides, Federal says one action, no matter how many violations, while California allows you to file on each, which means you can sue on each violation on it's own merit in one suit. I'm sure you will agree that up to $2500 per is more "eye catching" than up to $1000 as a whole. Link to comment Share on other sites More sharing options...
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