hendu Posted February 7, 2005 Report Share Posted February 7, 2005 I've got a CA on a FDCPA violation. Is it wise to write them a letter educating them on their violations and giving them a chance to delete their entries on my report before going straight to court and filing suit? Hope that wasn't a stupid question.... Link to comment Share on other sites More sharing options...
DocDon Posted February 7, 2005 Report Share Posted February 7, 2005 Sounds a lot like an ITS letter.... Link to comment Share on other sites More sharing options...
hendu Posted February 7, 2005 Author Report Share Posted February 7, 2005 thanks Doc....the ITS letter is already in the works! Just didn't want to jump the gun! Link to comment Share on other sites More sharing options...
c m chase Posted February 7, 2005 Report Share Posted February 7, 2005 Something to know about ITS though...don't send one unless it's 1) your last resort before suit and 2) you REALLY intend to sue.And a little something about suing...don't do it if you only have one violation. Get more dirt. Are they reporting? Have you disputed? You possibly have some FCRA violations too. Link to comment Share on other sites More sharing options...
DocDon Posted February 7, 2005 Report Share Posted February 7, 2005 I usually point out their violations and then simply state I will be investigating my rights for civil remedy.But yes, do not threaten an outright suit unless you intend to sue. Link to comment Share on other sites More sharing options...
c m chase Posted February 7, 2005 Report Share Posted February 7, 2005 Link to comment Share on other sites More sharing options...
hendu Posted February 7, 2005 Author Report Share Posted February 7, 2005 Hey CM, I know you know about filing suit....GOOD LUCK on your cases! But about my situation....I have already written the ITS letter. They are STILL reporting the item, and they HAVE NOT listed it "disputed" with the credit bureaus. Believe me, I DO intend to sue, but I asked this about giving them a second chance because the item is with NCO. I have sent them a DV letter in the past and they even sent me a letter telling me that the item will be deleted because they don't have the requested documents. Actually, I have done that twice and they have deleted twice, and even notified me. In this case they have not! Is that a total of 2 violations? FDCPA and FCRA? How many should I get them to accumulate until I go through with suing? Link to comment Share on other sites More sharing options...
c m chase Posted February 8, 2005 Report Share Posted February 8, 2005 Shoot...I didn't realize all that had happened. You have a letter saying it will be deleted from the reports, correct? Well....get that together with a copy of everything...every letter to you, every letter from you, every CRA dispute regarding this account, every CRA response saying it was deleted (if available), and a copy of a credit report you have showing that's it on there yet again.The letter saying it was deleted will prove your case. The letters of all other times you've had to have it deleted will show a pattern of malice on their part.Draft a complaint. If you need an example, I have a few. Write them an ITS letter and give them a copy of the complaint. Tell them if it's not deleted within 5 days of receipt of letter, that you will file in federal. Also tell them if they delete once again and it EVER appears on your report again under any form, you will sue them without further notice.Now....we need to work on violations. How EXACTLY is the account reported? What's the open date, status date, reported since date, type, etc? If you don't feel comfortable doing it online, you can PM me. Also...is it on all reports or just one? Does your state have any consumer protection laws or a state FDCPA you can add in there? Link to comment Share on other sites More sharing options...
hendu Posted February 8, 2005 Author Report Share Posted February 8, 2005 Shoot...I didn't realize all that had happened. You have a letter saying it will be deleted from the reports, correct? Well....get that together with a copy of everything...every letter to you, every letter from you, every CRA dispute regarding this account, every CRA response saying it was deleted (if available), and a copy of a credit report you have showing that's it on there yet again.................. I think I didn't make myself clear CM. Sorry.....what I mean to say is that I have DV'd NCO in the past. They did delete the item because they had none of the documents I asked for. This is a new listing I am speaking of. I'm wondering why they aren't as quick to cooperate with me as they were in the past. That's why I mentioned that I didn't want to jump the gun by filing suit. Link to comment Share on other sites More sharing options...
hendu Posted February 8, 2005 Author Report Share Posted February 8, 2005 Now....we need to work on violations. How EXACTLY is the account reported? What's the open date, status date, reported since date, type, etc? If you don't feel comfortable doing it online, you can PM me. Also...is it on all reports or just one? Does your state have any consumer protection laws or a state FDCPA you can add in there?this account is only listed on my EXP report. It is listed as:Date opened/Reported Since 7-2003/3-2003Date of Status/Last Reported 3-2003/1-2005Type/Terms/Monthly Payment Installment/NA/$0Responsibility IndividualCredit Limit/High Balance $349/NAReported Balance/Recent Payment $349 as of 1-2005Status details Collection Account. $349 past due. Acc History (gives about 11 dates) This item was verified and updated on 1-2005 Link to comment Share on other sites More sharing options...
c m chase Posted February 8, 2005 Report Share Posted February 8, 2005 Ahhhhh....so this account was never deleted. I totally didn't read it that way.Ok...in that case: you've sent them a DV. You've disputed and it was verified on 1/2005. So I see these violations so far:FCRA §623s(2)( : reporting false information to a bureau after notice of disputeFDCPA §807(2) : by saying it's an installment account, falsely representing the character of the debtFDCPA §807(8) : by giving the bureau false information/not listing it in disputeFDCPA §807(10) : by using false representation/deception to attempt to collect a debtFDCPA §808 : by using unfair and unconscionable means to collect a debtNow....is the amount right? Did they tack on a lot of interest or do you argue with the amount due? If that's wrong, you have more violations.I think even at this point, a good nasty letter to them would kick them in the nuts enough that they'd go away, no questions ask. NCO is usually a big fat weenie and they disappear quickly. Especially if they have this many violations and they're only asking for $350. Heh. Link to comment Share on other sites More sharing options...
hendu Posted February 8, 2005 Author Report Share Posted February 8, 2005 Yes I know.....as I mentioned they failed to validate about a year ago and kindly deleted the item they couldn't validate. However, they won't go away so quickly this time!Are you telling me that I have them on 5 violations? I was under the impression that we are allowed to claim one violation per case ($1,000)under the FDCPA even though they have 4 violations....What about failing to validate a debt and still reporting it to the bureaus? Link to comment Share on other sites More sharing options...
Recommended Posts