Feel violated Posted August 12, 2005 Report Share Posted August 12, 2005 As someone totally green as to my rights, I did telephonel the collection agency when I got their welcome as a new client letter.---contact us within 30 days and other fine print.I did call the CA rapidly and got a rude agent and someone clearly totally ignorant about the account in question. Thankfully I admitted nothing and gave the CA no ammunition they could use against me. More by luck than I care to admit, as others have been doomed at that step. But I did verbally request debt validation. Twenty twenty hindsight, telephoning the CA was something I should not have done given my ignorance of my legal rights. But that telephone call did produce one benefit for me.After the telephone call, I found these boards that enabled me to get a crash course on my rights and obligations. I struggled for a few days and finally composed a formal debt validation letter which I sent to the CA cmrrr.Too early to be a responce to the certified letter came a responce to my verbal validation request. Merely a computer printout showing what little the CA had. I fired off a I hope you don't remotely consider this debt validation letter in responce.Many days later in my mail box came what I consider the responce to the formal debt validation letter. A fold letter from the CA. WE give up and will trouble you no futher.Now I am engaged in the slow process of proving the CA never had permissable purposes to inquire on my credit report. Getting information very slowly but I never would have gotten to see what the CA had if I had not called. All a formal debt validation letter would have produced is the same fold letter with no information to proceed futher.When I think of the collection process, I have to think of it as poker not chess. The CA in pulling your credit report has gotten a sneak peek at your hand but still knows little and wants to know more. As a consumer you want to see the CA's hole cards, and the more you can force or trick them into revealing, the better your options are. When you see their entire hand they can't bluff anymore.For me, the positions are now reversed. The CA is running and I'm chasing them getting more and more damaging information the longer I pursue.Just thought I would post that thought and experience. Link to comment Share on other sites More sharing options...
breathing_easier Posted August 12, 2005 Report Share Posted August 12, 2005 When I think of the collection process, I have to think of it as poker not chess. The CA in pulling your credit report has gotten a sneak peek at your hand but still knows little and wants to know more. As a consumer you want to see the CA's hole cards, and the more you can force or trick them into revealing, the better your options are. When you see their entire hand they can't bluff anymore.Great analogy! Link to comment Share on other sites More sharing options...
codename_fortyseven Posted August 12, 2005 Report Share Posted August 12, 2005 FYI, the CA has to prove they had a PP. They effectively "said" they had a PP to the CRA when they pulled your report. If they had a legit PP, they should be able to back that up in short order. Hold on to all those letters. The fact that they folded and at best could muster a computer printout that proves nothing means they likely did not have a verifiable account. If they didn't have a verifiable account, they had no reason poking around on your credit, hence no PP. Link to comment Share on other sites More sharing options...
Feel violated Posted August 12, 2005 Author Report Share Posted August 12, 2005 I agree 47,--------but want precedent setting slam dunk.I don't think they had permissable purposes but their new current defence is we were told by the previous owner of the debt that it is valid. Each new complaint yields more and more informatiion. Like it was purchased in a LARGE package on one day, three days later they dinged my credit report. Does not exactly leave any time for due diligence does it? But never would have learned that without filing a complaint. So I plan to file more complaints, get more new information, and let them build their gallows as high as they want. Give them socially constructive things to do.Revenge is a dish best eaten cold is the old saying that comes to mind. Link to comment Share on other sites More sharing options...
Attyatlaw Posted August 12, 2005 Report Share Posted August 12, 2005 wownice Link to comment Share on other sites More sharing options...
Feel violated Posted August 12, 2005 Author Report Share Posted August 12, 2005 to attyatlaw who asked why I have not sued yet.Humorous answer---I want more things to sue for.More realistic answerReal complex case.a. CA only inquired for collection purposes on one credit report. (refuses to remove--not enough provable damages)b. Real issue may be OC is a fraud. Hard to prove from my end yet. Whole thing could end up being just a stupid clerical error by OC.c. If previous owner of debt swore my debt was good and now is a proved liar, I owe it to others to see the whole package is invalidated, past, present, and future.d. The more information I have the stronger my case becomes.e. Have not found good attorney yet.And Diagones thought it was easy also Link to comment Share on other sites More sharing options...
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