MDub Posted February 24, 2005 Report Share Posted February 24, 2005 Hi. You all have been plenty helpful so far and I could use your help again. CRB (Credit Reporting Bureau) from Ohio claims they bought a debt from a place called Horizon. My first notice of this was a letter they sent in January. I received a phone call that week from someone who claimed the charges were for a 900 number made on my cell phone. Well that's impossible since you can't call 900 numbers from my cell phone. I sent a validation request (and a request that all communication be in writing), very similar to the sample found on this site, to CRB and heard nothing from them until mid February.A CRB employee called me, saying that they had received the letter. He said that if I didn't pay them by the end of the day they would report this to the credit bureaus. Again I asked for validation, he refused telling me that I knew what the debt was for. Then told me that the debt was for a 900 number and then he claimed it was for internet service. When I asked for more information, he hung up on me. So it seems that they have violated at least one part of the FDCPA by calling. I assume that if they report it to the bureaus, they would be violating another part of it.What would you all suggest I do? I don't think they have reported it to the bureaus yet. And I don't want them to. Do I write the company again? Do I send a preemptive letter to the bureaus? Do I file a claim in small claims court for FDCPA violations? Do I get an attorney to sue them for violating FDCPA?Any advice would be appreciated. BTW, does anyone else have experience dealing with CRB?MDub Link to comment Share on other sites More sharing options...
DocDon Posted February 24, 2005 Report Share Posted February 24, 2005 Report them to the FTC and their state Attorney General. It is illegal to use a name to appear to be affiliated with a credit reporting agency. They also continued collection activity without providing proper validation.§ 807. False or misleading representations [15 USC 1962e](16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act. "Credit Reporting Bureau" more than covers the violation.Feel free to sue the crap out of them. Link to comment Share on other sites More sharing options...
Champion80 Posted February 24, 2005 Report Share Posted February 24, 2005 If you had also sent a DV letter and they report the debt on your report without it showing disputed by consumer you will have another violation right DOC? I am curious to know the outcome of this odd situation, I have never tried to make a 900 call on my cell so I do not know of the possibilities. Of course the DV letter demands that they identify the OC, of course it looks to me they like violating the law, so you might not get back the info on the OC, if and when you do, I would bombard the CEO and chairman of the company that orignally charged you until you get an answer. Link to comment Share on other sites More sharing options...
DocDon Posted February 24, 2005 Report Share Posted February 24, 2005 If you had also sent a DV letter and they report the debt on your report without it showing disputed by consumer you will have another violation right DOC?That is correct. Link to comment Share on other sites More sharing options...
retmar Posted February 24, 2005 Report Share Posted February 24, 2005 Be sure and keep track of these calls and comments, including date, time, name, and conversations. If they are calling you on your cell, be sure and keep your records as this is illegal due to your being charged for the call. Link to comment Share on other sites More sharing options...
MDub Posted March 1, 2005 Author Report Share Posted March 1, 2005 So I have already filed complaints with the Ohio and California attorneys general and the FTC. Then CRB sends a printout (to the wrong address -- I got it a week later than I should have. I should have sent it back RTS) that doesn't list the services, doesn't list the date purchased and nothing saying that I agreed to the charges. Two days later they send another letter, this one saying that they have exhausted all their attempts to satisfy this debt. My next step is to start filing court papers, right? I have an appointment with an attorney tomorrow, but I really don't want to do this in the courts. Why won't they just send me the proper info? Should I give them another chance to validate the debt? Maybe if I write a real nice letter and make it sound reasonable? (Look, would you send someone $400 for a debt you never authorized?)Or could I do this on my own? Do I send them a letter saying that they have violated the FDCPA and can send me $1,000 for each violation or do I simply let the lawyers handle it?Thanks for the advice so far! Link to comment Share on other sites More sharing options...
KentWA Posted March 1, 2005 Report Share Posted March 1, 2005 Send them the letter, but don't be nice, be firm. Tell them their response is not satisfactory and they must provide proof of the original debt and how all charges were accrued and calculated. Until they properly validate, the debt remains in dispute. Link to comment Share on other sites More sharing options...
Champion80 Posted March 2, 2005 Report Share Posted March 2, 2005 Just curious but what is the total debt they say you owe??Your probably headed in a good direction with all your complaints, and if they are violating laws they shouldnt get a dime, but just to let you know, I had a CO that was being reported by the OC as a very late Installment and a chargeoff on another CR, but the point was, I didnt rack up the debt, the CO director and I agreed to terms and they deleted with $75 payment, now I read that at the end of the month, CO will take less money than usuall for the highest # of paid CO's possible for each month, so if it is already on your report you may be able to get a delete with a negotiated settlement, if its not there you can prevent it from going on your report by negotiating before they report and a letter of no reporting. But if they do report it and you do not negotiate or get them to budge by enforcing your rights and sending ITS letters, and possbly going to court, they will eventually sell the debt, probably around 9 months to another CA, then you have another chance to settle for a lesser amount before the new CA reports it. These are just random thoughts. GOOD LUCK!! Link to comment Share on other sites More sharing options...
MDub Posted March 2, 2005 Author Report Share Posted March 2, 2005 It's $405. I'm writing the CA again with a reminder that they are violating the FDCPA by not sending me the verification info I have requested. If I really owe the money, then I want to set something up and pay it off. But they won't even tell me what its for. If they don't respond with the info I am requesting then I'll just take it to a lawyer and collect money from their violations of the FDCPA. Link to comment Share on other sites More sharing options...
Champion80 Posted March 2, 2005 Report Share Posted March 2, 2005 Do you know if the CO has just been assigned to the CA? I had a similar case with a long distance company added to my home bill, my roomate added a long distance carrier to my account after I moved, they didnt pay a bill the outstanding balance was $408, I emailed the CEO and all he chairman of the company after all other efforts we learn of here on our favorite site, I got a quick response, 1 day, director of CO for the OC called me, talked to him explained the situation, I figured out during the call what had happen, but in the end he asked me if I would take some resposiblity since it was in my name, I agreed to do that with a letter of Deletion, he faxed me the letter an hour later, and I payed them. Deleted 3 days later.If in fact it was sold to the CA, I think you can still work with the OC and have them notify the CA of the settlement, I know of mine, the OC was the one reporting but there was a CA trying to collect, and they cited the CA would be notified of the settlement and it would be recinded. Is the SOL on court action up? Even if it isnt, they probably wont waste the time and money to file, I woud think it would cost them more than your debt to do so. But anyway, your disputing may cause them to sell it quicker than they normally would, so once that happens and you get the letter from the new CA, call them up immediately send a letter right away and tell them the debt is not verified and you are disputing it, if you wait it out and they do not report your dispute, you have leverage, but after the letter to dispute them, call them up and try to feel out your rep and tell him you really cannnot pay a debt of $400 that your not sure of, feel him/her out, see if they are more interested in at least getting some money from you, and offer the guy a payment of $75 and on the grounds that a letter be sent to you stating the payment is considered a full settlement of the account and the debt will not report to the CRA's. If it is already there, make sure it says the account will be deleted from all CRA's. This is all stuff you have seen before ovioulsly, but I think putting the pressure on them and keeping it them through each process helps get the best outcome. So if you already have them on violations, send your ITS letter, citing their stupidity, and give them a very short window of time to reply. I think others might agree with me, you are filing in small claims right, so you will not be able to use an attorney, I do not know the filing fees and etc., but you can file it rather quickly, and I know its cheap in Cali. Link to comment Share on other sites More sharing options...
MDub Posted March 16, 2005 Author Report Share Posted March 16, 2005 OK, now these fools have me really upset. They have responded to the Ohio AG with a completely different printout of my alleged debt. Then they tell the AG that they have validated and verified with me. Oh yeah, they chaged the amount owedfrom $404.97 to $299.98. And they changed the number of charges. Now they say I have one charge for $199.99, but my total owed is $299.98. Where did tht other $100 come from? What gives with these people? Yet they want to say they have exhausted all attempts to collect this debt.Sorry just wanted to vent. I'll leave them alone if they don't report to the bureaus. But if they do, then I'm suing everyone in sight. Link to comment Share on other sites More sharing options...
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