Paladin_Roden Posted February 23, 2005 Report Share Posted February 23, 2005 Is there any case law that I can reference stating that if I DV a CA, and then dispute with CRA, and CA verifies with CRA but doesn't respond to my DV letter. I have DV'd West Asset Management twice about bogus collections from a hospital I have never been to. I have also disputed twice with with CRA's during both times I DV'd. I have copies of all my Credit Reports from the last three months. I have all the Returned Reciepts that I got back from both the West Asset Management and all the CRA's. I also have the results of all the disputes wih the CRA where West Asset verified the collections.Now according to my credit report these collections date back to 2001, but I have never been notified of such collections. The only reason I know about them is because I first checked my credit reports for the first time in my life back in Dec. 2004. Here is what I have done so far.1. DV'd West Asset (CCRR)http://www.creditinfocenter.com/forms/sampleletter9.shtml2. Disputed with all three CRA's (CCRR)http://www.creditinfocenter.com/forms/sampleletter1.shtml3. CRA's Verified....sent them a request for method of verfication letter along with copies of returned reciepts and copies of DV letters I sent to West Asset.4.DV'd West Asset a 2nd time after 45 days of first DV. (CCRR)5. Initated a second investigation with CRA's (CCRR)6. CRA's Verified 2nd time....sent them a request for method of verification along with both copies of DV letters, and both copies of Returned Reciepts showing that I tried to get West Asset to Valadate.7. Filed a complaint with the BBB against West Asset Management at www.dallas.bbb.org that services West Asset Management area.8. Filed a complaint with Texas Attorney Generalhttp://www.oag.state.tx.us/consumer/complain.shtml9. Filed a complaint with FTChttps://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU0110. Sent ITS letter to West Asset Management demanding deletion and referencing FDCPA Section 809 (,I gave them 15 days to respond, they have until next Monday. I'm wondering if I have a case and if I can reference case law dealing with the same situation. Things I'm worried about:The collection account is almost 4 years old (though I never knew of it until recently) and my right to valadation is void, giving them rights to verify with CRA without responding to my DV. Let me know if I can do something about this. I know in my heart these debts are not mine. One is for 174 and another is for 174.20.One more thing, I did get one letter from West Asset stating that OC sent them a notice of "paid in full" meaning the collection will be paid yet remain on my Credit Report. I find this odd, because I didn't pay it, nor do I know what the debt was for.Do I have a case? I only want these bogus collections deleted, I'm not out to seek money. I'm afraid after all that I have done, sueing them will be the only way to get them to delete it, yet at the same time these guys have had the balls to stand up to the FTC, BBB, State Attorney General, and many letters of DV's, ITS, and I'm afraid they may have the balls to come to court packing heat and scaring the crap out of me, showing they can go all the way to court without an ounce of fear and willing to take the chance of losing money just to prove a point. Any help would be appricated. Thanks in advance. Link to comment Share on other sites More sharing options...
gdouglaslee Posted February 23, 2005 Report Share Posted February 23, 2005 If the mailman brings you a notice of an IRS audit are you going to go postal and shoot the mailman? Why? He didn't do anything wrong. Your problems are with the IRS, not the postal service.One of the purposes of validation is to make sure they have the correct person. Now that you know you are not the correct person, Congress intended you to take up that issue with the creditor, since they excercise control over the situation, not the CA. Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted February 23, 2005 Report Share Posted February 23, 2005 Well, as you know I had the same problem with AttentionLLC/West asset. How long did you wait to dispute with the CRA's after you DV'd? You have a case under Texas FDCPA because they did not "perform an investigation or delete" in the proper timeframe. That is why I am suing. Plus TFDCPA gets you more money.... Link to comment Share on other sites More sharing options...
Leadhead Posted February 23, 2005 Report Share Posted February 23, 2005 You have a cause of action with both the CA and the CRA.If this is not your debt and you properly disputed it and the CA verified it, you can file against the CA for violating FCRA 623(.You can also go after the CRA's. From Cushman v. Trans Union:The FCRA evinces Congress's intent that consumer reporting agencies, having the opportunity to reap profits through the collection anddissemination of credit information, bear "grave responsibilities," 15 U.S.C. § 1681(a)(4), to ensure the accuracy of that information. The "grave responsibilit[y]" imposed by § 1681i(a) must consist of something more than merely parroting information received from other sources. Therefore, a "reinvestigation" that merely shifts the burdenback to the consumer and the credit grantor cannot fulfill the obligations contemplated by the statute.If this happened to me, I'd have already filed suit. If this is truly not your debt, you need to protect your rights. Link to comment Share on other sites More sharing options...
Paladin_Roden Posted February 23, 2005 Author Report Share Posted February 23, 2005 If the mailman brings you a notice of an IRS audit are you going to go postal and shoot the mailman? Why? He didn't do anything wrong. Your problems are with the IRS, not the postal service.One of the purposes of validation is to make sure they have the correct person. Now that you know you are not the correct person, Congress intended you to take up that issue with the creditor, since they excercise control over the situation, not the CA.I did take it up with the CO as well. They could not find my SS# anywhere on there system. And can not talk to anyone but the patient about an account. I informed them that West Asset has a collection on me, and they replied that my problem is with the CA not them. They refuse to talk over the phone and refuse to respond in writing. There are lots of small stuff I done in this situation that I failed to list. I'll make a quick short additional list that I have done....1. Contacted CO in writing, and by phone...according to some medical laws they can not speak to me on said account if its not mine.2. Wrote(CCRR) the parent company WEST, that runs West Asset.http://www.west.com/about/index.asp3. Done some research on the company that explains how bad they are....http://www.budhibbs.com/Attention,%20LLC.htmhttp://www.atlanta.bbb.org/commonreport.html?bureau=atlanta&compid=11000691&code=GF4. Phone recorded converstations with West Asset about the situation. Link to comment Share on other sites More sharing options...
KentWA Posted February 23, 2005 Report Share Posted February 23, 2005 1. Contacted CO in writing, and by phone...according to some medical laws they can not speak to me on said account if its not mine.Did you get it in writing that they will not talk with you because it is not your account? If you do not have it in writing, write them and ask again, place in your letter something to the effect that if it is not my account simply respond that it is not my account, give them an easy out. Then use that to beat the CA over the head with. Link to comment Share on other sites More sharing options...
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