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ca reporting without validating debt

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How sweet of them to help you.

FDCPA violation for continued collection activity.

FDCPA violation, making false/misleading statements in the collection of a debt (the CR is the communication medium for this violation).

FCRA violation for not noting acct in dispute...false/misleading information about a debt. Acct status is false/misleading as this debt is disputed.

Pick the TL apart, what each peice of information reported says, is it TRUE. If they say they are a"factoring" company... its false, etc, etc. Each item is a violation.

Read up on how to sue in Fed court, prep a complaint, layout all the violations and the proof of them in the complaint, and file it in Fed. Then send an ITS letter, detailing the violations, stating you have filed in Fed Ct and will SERVE them if they dont agree to settle for.....$3000 and permanent deletion of thier TL on your CR's.

When OC sends another CA after you next time, do the same to them when they violate :twisted:

________

Naruto forums

Edited by uwackme
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Do people actually get money from this, or do they just delete and call it even? I am new to this and just started the validation process. I can't afford to run around suing people really. If a ca calls during the VD that you start through the CRA is that a violation as well? Is this all covered in the book?

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The CA is in violation for not reporting as disputed. But, this is not sufficient enough to threaten to sue as they will have an automatic defense for this. Their defense will be that it takes a period of at least 45 days for the change to be made in the file.

What you can do is to give them at least 30 days from receipt of your DV, then send them a second DV that mentions their receipt of your first (include copies of letter and green card), that you have not heard from them, and include that you have found on your CR that the TL has not been noted as in dispute. Since you are assured they intend to obey all laws, and that this is just an oversight on their part, you will withhold taking any action, including, but not limited to, the filing of a complaint with the AG, FTC, etc., or naming them as a defendant in a civil suit for violations of the FDCPA, etc.

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The "accepted norm" for updating one's CR is 45 days when a creditor/CA corrects a TL. Though we all know it is usually done electronically, and can be accomplished by the end of business, it is just one of those

issues we must deal with. That is why I recommended you send the 2nd DV. Your goal here is to put them on notice, for now. Then, wait until at least a total of 50 days has passed from their receipt of your 1st DV, then send the ITS or the "nasty".

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