round #2 DV letters

[shafted]

Well, I sent the first round DV validation letter to Cavalry which recieved no response. Then Cavalry broke the law and verified the debt with EQ and TU. They also did not report the debt as in dispute to either CRA. Thats 2 violations.

Everyone here says to send another DV letter Cavalry to have any chance of a successful lawsuit. Do I send the exact same letter, or do I escalate it, list their violations, and ask for immediate deletion? Do I threaten a law suit yet, or just send another benign DV "Im requesting VALIDATION etc.. etc.."

Should I call them on the phone and bait them into another violation? (they dont know my phone number). If so, should I just be like, did you guys get my letter? What do you intend to do about it?

[c m chase]

You shouldn't threaten suit yet. You can get more violations than that. I would suggest writing another letter (the escalated one). If they don't respond, SIT ON IT. Don't jump to the lawsuit. If they return the collection, fantastic....what will probably happen is they will wait for a bit and then start trying to collect again. That's more violations.

You can call if you want...but have a recorder ready. Don't do it without a recorder because you WILL forget what all was said. And if you call, don't let on that you know what's up because they'll behave at that point.

[shafted]

what will probably happen is they will wait for a bit and then start trying to collect again. That's more violations.

Hmm. well, Im not going to wait too long because the SOL of FDCPA is one year... How many viloations do you need to get an unvalidated item deleted? I dont want money, I'd pay five times the balance due of $200 for total deletion. Breaking the law twice is not enough leverage for this kind of arrangement?

All I want deletion with the stipulation the debt will not be resold.

If they return the collection

I dont want them to return the collection, I want full deletion with the stipulation it will not be sold..

You can get more violations than that.

I dont want more violations, I want the un validated off my credit report.

More vilolations will do nothing for me, I do not want money. If they have any vilolations, surely any court in their right mind would make the CA remove the collection account from my Credit report..

Ar you telling me the judge is going to say, well... yeah they BROKE the law, but not enough times for us to enforce it. That unvalidated account is just going to have to sit there on your credit report, because you dont have "x" number violations.

In any case, if what you are saying is true, some one may want to update this flow chart: http://www.creditinfocenter.com/rebuild/debt_validation_workflow.shtml

[c m chase]

For a debt of $200, this is a different story. A couple of violations should be all right.

If you can get a letter that is strongly-worded and to the point, you can get results. Read the letter I wrote to a CA (below). I just got to send it yesterday, so don't know the outcome...but something along those lines should suffice to get this removed. Change it to fit your situation and your stipulations. If you don't want money, don't ask for any.

The point here is to be serious, professional, strong, intelligent, pissed, and above all, threatening to their company. Make them want to get rid of you. If you want to, you can add in the letter if they don't remove the tradeline within xx number of days, you will also be filing complaints with the BBB, FTC, Attorney General, ACA, etc etc. Even a CA likes to keep their company out of the red spotlight.

I'll repeat here what I said in my response to you PM about the flowchart:

"...suing that soon isn't necessarily wrong. It's possible to win a case with just 1 violation. What I advocate is getting more so you can 1) be more intimidating 2) get more money 3) offset any debt you owe. IF you win $1,000 and you still owe the company money, they are going to be PISSED...and then be a lot more likely to sue you. Wouldn't it make sense to get more violations? You'd have a hell of a lot more leverage.

Another thing is...if you get 1 violation and you take it to court, the judge will be like "hmmm...technical violation...woopty-doo"...but if you get 5 or 10 or 20 violations...the judge is going to be more "holy ****, these guys are breaking the law!" Ya see?

CAs are, for the most part, easy to get violations on. I advocate waiting it out and letting them roll in.

Kristy is great at what she does....I just advocate a little more patience and trap-setting."

Here's the letter I sent to my dear ol' CA:

CMChase

6969 DocDon Ave.

Tulsa, OK 12345

Idiot, Inc.

123 S. Stupid Lane

Tulsa, OK 12345

Re: Account # xxxxxxx, Account # xxxxxxxx, & Account # xxxxxx

To Whom It May Concern:

This letter is a notice of probable legal action against your company for willfully reporting false information on my credit report, violating the Fair Debt Collection Practices Act (FDCPA), violating the Fair Credit Reporting Act (FCRA), and violating the Oklahoma Consumer Protection Act (OCPA).

On [DATE] I sent a notice to your company (certified mail # xxxx xxxx xxxx xxxx xxxx) telling you of the false information. Idiot, Inc. signed for the letter on [DATE]. The accounts are listed with such erroneous information including but not limited to a false ‘reported since’ dates and all accounts listed as an ‘installment’ account, which collections are clearly not. A reporting of such is often done to purposefully lower a consumer’s credit score.

I disputed with the credit bureaus and, on [DATE], I received a notice from Experian stating the accounts were updated. However, the update not only included the same false information, but also showed the account was not listed in dispute. I disputed the accounts again with Experian on [DATE], and again, the accounts were shown verified with the same information. My credit file also shows where Idiot, Inc. updated and listed the false reporting on [DATE], [DATE], [DATE], and [DATE].

Please note I have kept strict and accurate records of all transaction between Iditot, Inc. and myself, and the credit reporting agencies and myself. I am fully prepared to present this undisputable information to the court if necessary.

Idiot, Inc. has violated the FCRA by failing to conduct a proper investigation upon notice of dispute and/or by failing to report the findings of such investigation to the credit reporting agency; and by failing to report accurate information to the credit reporting agency. FCRA liability holds statutory damages at $1,000 per violation. Each account is considered a separate violation.

Idiot, Inc. has violated the FDCPA by engaging in conduct that is meant to harass, oppress or abuse a person; by falsely representing the character of a debt; by falsely representing the legal status of a debt; by failing to note the account in dispute to the credit reporting agency; by using false representation or deceptive means to attempt to collect a debt; by using unfair or unconscionable means to attempt to collect a debt. FDCPA liability holds statutory damages at $1,000 per action. Each account is considered a separate action.

Idiot, Inc. has violated the OCPA by using deceptive trade practices and; by using unfair trade practices. Each violation of federal statue is considered an unfair and deceptive trade practice. OCPA liability holds statutory damages at $2,000 per violation.

Statutory damages alone in this case are $27,000. If no reasonable negotiation can be made, I will file this case in US District Court, where I will also ask for a jury trial, maximum punitive damages, declaratory relief, injunctive relief, and any other relief, monetary or otherwise, the court finds acceptable.

In an attempt to keep this matter civilized and out of the courts, I am making the following offer: I will drop this case in its entirety if Idiot, Inc. agrees to all of the following stipulations:

· One of the accounts in question has an alleged balance of little more than $2,500. I ask that this account be closed for good, where no further collection activity is taken on this account, including phone calls, written correspondence, reporting it to any credit bureau, or selling, transferring or assigning it to any other collection agency.

·Each account listed above (#xxxxx, #xxxxxx, & #xxxxx) be removed from my credit files in their entirety and not reported again.

·Idiot, Inc. issue a check, payable to CMChase, in the amount of $3,500.

I believe this is more than fair, considering the magnitude of the violations committed by Idiot, Inc.

Please note that the FDCPA is a strict liability statue and one only needs to show a violation occurred in order to be awarded statutory damages. Even if Idiot, Inc. simply removes the information from my credit files, remedy is not complete - provable infractions have taken place and are still subject to damages payable to the consumer.

If the listed stipulations cannot be agreed upon or negotiated, I will file this case in the US District Court, Northern District of Oklahoma. A federal complaint is being drawn up at this time and, unless communication is received from Idiot, Inc., service of said complaint and attached summons will be my next correspondence with your company.

Also, please note a representative from your company (Ms. Bitchy Hoho) has been attempting to contact me via telephone. The number she is using is a cellular phone and calls from your company on that line incur charges to me. This is a notice to your company that, after your receipt of this letter, calls from your company to that number will no longer be welcome. This includes calls from the representative’s cellular phone (number listed as 918-xxx-xxxx), which she recently used in an attempt to contact me. Please inform your representative(s) of this. Only communication made in writing or via email will be acceptable.

I expect a quick reply to this notice.

Best regards,

CMChase

bitememorons@irule.net

[c m chase]

And, actually, you probably have more violations than that. How are they listed on your credit report exactly? If it's listed as "open", "installment", "factoring company", has the wrong dates, etc....those are all violations.

And having them verify AND not list an account in dispute on 2 bureaus is 4 violations.