Need help finidng a violation

[Carlos]

Telephone Debt was paid off at 70% to a CA who I assumed was legit long before I came across the info on this site.

Stupid JDBs come back at me re-listing and opening acct for a balance of $130.45

Successfully DV Sherman/Allegis and sadfasdf to remove this account They sold to DRS in Aug of 2004. DRS list acct as "placed" in Nov 2002. (Could this be considered re-aging, if so I have them).

After DVing DRS they promptly listed account as disputed by consumer, and continue to list it that way month after month.

(so it appears that they are legal by letter of law here).

DRS has also listed the same account twice with CRA. Can I get them on a viloation for "misreprensatiation" or "reporting credit history inaccurately" ?

Also,

their, VERIFICATION, seems to meet the criteria for validation.

1) old bills list OC (name and address)

2) old bills have account activity via account number (last call 1998)

this should be at least equivalent to a signature (signed agreement)

3) The cryptic printout which I assume to be a Junk Debt listing

may loosely pass as a payment history.

SO at this point, unless I can uncover some sort of viloation, it seems that there is nothing I can do to prevent them from listing this on my CR.

[willingtocope]

Hate to see you hanging there with 0 replies. Not sure I've got answers for you but here's some thoughts...

Whats the Statue of Limitations for GA on such things? Maybe its uncollectable. If so, then if they list an uncollectable item on your CR, that might be a violation.

Did you get anything in writing from the original CA?

Listing the same debt twice is indeed a violation of the FCRA...read up on that using the link at the top...

[divemedic]

Last call in 1998? When did you go delinquent on this? The reporting period may have run and they have reaged.

[Carlos]

yes the last call occured somewheres about Sep of 1998.

The agreement was with a long distance carrier which is now defunct (they actually went under before the end of the 90s boom/bust)

in any case through trickery they did not apply my calling plan to my account and turned about 160.00 of long distance calls into nearly a thousand bucks.

I respectfully paid what I thought I owed disputed the rest and immediately cancelled the account. The company noted my dispute and pretended that they reduce the bill while mildly attempting to collect.

The while in the middle of this effort I learned that the company went under on the news. I was even sent notice of a class action against the company a few months later. I decided to opt out because I was happy enough to be free and clear.

After about a year I went to apply for a CC and autoloan. Both were denied and I soon discovered that US Sprint was attempting to collect against me.

On my phone set up the long distance carrier contracted independently to provide long distance service. US sprint provided local service through a merged bill dileneated as separate payouts.

I told Sprint to shove it since the long distance carrier had already gone under, and dealt with the consequences of holding off car purchase and a new CC.

I was later contacted by a JDB, who appeared to be a saint at the time becuase he offered to liquidate the date for 70% off the price Sprint was trying to collect. For an unburdensome price I could get both the car and the CC. Seemed to good to be true, but I did it. The payment was sent off in Mar 99.

All was fine until my next attempt at credit. Another car (2004) and a mortgage (this year) which is being blocked. I found out that other JDBs where leaching off of the same account that I had suposedly already paid. fortunately I discovered this website and sent them packing. Then comes DRS, I gues they are so persistent because the operate out of NY which has the longest SOLs (6 years across the board).

Their trade line is listed twice for the same account and they list the date "placed" as Jul 2002.

I just need one GOOD vilotation so the I can sue these cretins and be done with this nasty account which was awry with corruption from the very start.

medic

The purpsoe the last calls is not so much to determine date of delinquency nor dola, but since I recognize the numbers it does establish that fact that someone provided me service via "some" type of agreement.

WTC

My best interpretation of SOL as I read it on this board is that is an affirmative defense, ie it is not automatic, you must elect to use it when a creditor of CA comes after you in court. I can not seem to figure any way that is violates any law to list a SOL debt as long as it meets other statutory requirements for listing debt (ie 7 yrs).

please adjust me if I am wrong.

If listing twice is a violation then that is the song that I will sing. I would also like to get an angle on Re-aging. However this JDB has only listed with TU. and the CR that I bought from TU does not list DOLA, instead it only list date placed.

[divemedic]

I thought last call was the last time they called you to collect.

When did you:

1) last pay anything and

2) when did you go delinquent and stay that way?

Do you have anything in writing that says the account was settled?

[Carlos]

last time I paid long diatance carrier in Oct 98. when I also disputed with them about the ripp off rates and how they ignored my calling plan.

In mar 99 I paid off JDB to liqudate acct with Sprint (even though I felt I never owed Sprint anything).

All went quiet for a while, and I thought that I was doing good because I had no knowledge of the type of info found on this site.

If you count the JDB as payment activity then Mar 99 would be the date.

I did not keep anything in writing because I purged it with my 3-yr files (tax returns closed accts, etc). Just a few months later Jul 02 it pops back up on my CR.

The new JDBs have charged various different amounts for this debt. The lastest DRS, even shows a bill, suposedly from Sprint that equates the amount they are trying to collect. It may be falsified (boy would that be a good settlement for both me and Sprint).

I just wonder how this amount was lowered? did the other JDB I paid in 99 notify Sprint, if so why didn't they liquidate the account as promise.

[Carlos]

Another interesting point DRS also list itself as

"11 Sprint Ltd"

on the TL.

I searched on the net and could find no connection with Sprint. Do they have some type of Service contract with Sprint or are they just capitalizing on Sprints name to enhance their collecting posture?

[willingtocope]

Well, you're going to need some documentation...letters, canceled checks, etc...but if you can scrape together some proof of what you've said, I'd suggest an ITS to the latest JDB plus Sprint and whoever else you can identify. The fact that they're reporting incorrect data has cause you to be denied credit is definitely actionable. You might even want to see if you can get a lawyer involved.

As for the SOL...yes...it is an absolute defense you can use if you are sued...but...you can also use it to scare away JDBs. Most JDBs are looking for the low hanging fruit and simply don't want to get involved with people who know their rights.

And...the DOLA is measured from the date the account first went delinquent. So making a payment to a CA at a later date should not reset that date, at least as far as your CRs are concerned. However, in some states, it may reset the SOL for suits.

[divemedic]

OK, the SOL would have run from last payment at the absolute worst, so Mar of 99. Longest GA SOL is 6 years, so you should be OK there, out of SOL.

The reporting period runs 7 1/2 years from the date that the account went into delinquency and stayed there. Oct of 98 would mean the running of that period would be march of 2006.

DV them, try for violations and use that as leverage for delete. You are protected by SOL, so you have nothing to lose.

[Carlos]

WTC

unfortunately the info is gone. I am somewhat of a pack rat but I simply dont keep paid records that long. Also, since I was ignorant to reality back then I trusted who I dealt with to be genuine.

Medic

"nothing to loose"

that is some of the best advice yet. Only problem is that I can not take some one to court based on that. I am certain that if I had one clear violation that I could file in small claims and get a default judgment against them. They would have no ROI to show up here nor pay someone here to represent them.

Ireally need a violation to make this work.

I think that I am going to stick to the follwoing.

(1)DOLA

once I claim it and show how the account is "placed" in 2002 when it went deliquent in 98. Burden of proof will be on the CA to proove that they have not re-aged.

(2) Mis-representation, False reporting

listing account twice on my credit report makes the debt seem worse than it would be if listed only once. Once again burden of proof will be on CA to proove that they are not in viloation.

While I am sure that one of these would stick even if they showed up to court, I would like to get another or at least one crystal clear viloation to ensure my victory. Also, I could use the 1000 bucks.