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watermonkey

Does the FDCPA apply to original creditor?

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I'm lost... what did I find? I only asked watermonkey to be nice :?:

The SOL link.

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Although credit grantors are excluded from the provisions of the Fair Debt Collection Practices Act, the District of Columbia and the following states include original creditors in their debt collection laws:Arkansas, California, Colorado, Connecticut, Florida, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, and Wisconsin.

And where did you find that info about NC? I don't recall of any NC collection laws that state that a consumer may DV an OC. Care to post a link/source, please?

http://whychat.5u.com/

look near the bottom 8]

I can't speak for the other states, but just to clarify...the only laws that NC has that pertains to OCs in debt collection is NCGS § 75-50. Prohibited Acts by Debt Collectors. The statement on WhyChat's page may have mentioned NC b/c § 75-50-115 states that debt collectors (including OCs) cannot collect on a debt that [they have knowledge of] is past SOL; it doesn't say that a consumer has the right to DV an OC.

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Well here is my hell bent on deletion letter. I dont know if the FDCPA apllies to my case, but I stated it anyway, it just helps it sound overwhelming :D

Applied Card Bank

P.O. Box 17125

Wilmington, DE 19850-7125

30 May 2006

Gentlemen:

This letter is a formal complaint that you are reporting inaccurate credit information.

I am very distressed that you have reported the below information in my credit profile due to its damaging effects on my good credit standing. As you are no doubt aware, credit reporting laws ensure that bureaus report only accurate credit information. No doubt the inclusion of this inaccurate information is a mistake on your part.

Because of the mistakes on my credit report, I have been wrongfully denied credit recently for a VA Loan, which was highly embarrassing and has negatively impacted my family’s lifestyle. This was to be an epic purchase in my life and instead was a huge embarrassment to my wife and I.

I contacted you on 16 May and requested that you verify the debt. You responded to my inquiry but not to the extent required by the FCRA. Instead, you sent me a copy of a credit application. To refresh your memory on what constitutes legal validation, the required documentation includes a complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509.

I requested a payment history of the account, as is my right, showing the late dates that you reported to Experian. You responded by attempting to charge me a “Copying Fee”.

Additionally the Uniform Consumer Credit Code for Kansas; the state that currently holds jurisdiction over this dispute, states:

“Upon written request of the consumer, the person to whom an obligation is owed pursuant to a consumer credit transaction shall provide a written statement of the dates and amounts of payment made and total amount unpaid. The statement shall be provided without charge.”

A creditor may not charge (the consumer) for copies of the documentation of the indebtedness mailed in response to obligations under Section 809(B). To do so could constitute an imposition of a fee or service charge in violation of Section 808(l) of the FDCPA. The cost of obtaining documentation referred to in your letter is more appropriately a cost of doing business in the same manner as is postage and telephone charges.

I believe this solicitation for money was actually an attempt to receive payment so you could “re-age” the account since it is well beyond the Statute of Limitations for any state. This is a dubious business practice and I might have fallen for it if I was not so familiar with the laws.

Under my State of Kansas the subject account has a 3 year limit for filing any legal action for collection.

The starting date of this statute of limitations being either the date of the last mutual activity, or the date of first default with the original creditor of the subject account.

Records indicate that this date on the subject account #xxxxxxxxx with Applied Card Bank is 07/1999.

This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.

Under the laws of my State, continued collection activities, including reporting, verification or reinsertion of accounts, beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

I also reserve the right to forward a copy of this letter, and any other pertinent material to the Delaware Bar Association.

I'm sure you know, under FDCPA Section 809 (B), you are not allowed to pursue collection activity until the debt is validated. in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

I previously disputed this entry on my credit report with Experian and you told them it was investigated and sent them back a “verified” response. I would like to know how it was verified and see any and all documentation you sent to Experian. If you cannot provide me this information I rightly request that you delete this entire trade line from my Experian Credit Report.

Sincerely,

Water M. Onkey

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Although credit grantors are excluded from the provisions of the Fair Debt Collection Practices Act, the District of Columbia and the following states include original creditors in their debt collection laws:Arkansas, California, Colorado, Connecticut, Florida, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, and Wisconsin.

And where did you find that info about NC? I don't recall of any NC collection laws that state that a consumer may DV an OC. Care to post a link/source, please?

http://whychat.5u.com/

look near the bottom 8]

I can't speak for the other states, but just to clarify...the only laws that NC has that pertains to OCs in debt collection is NCGS § 75-50. Prohibited Acts by Debt Collectors. The statement on WhyChat's page may have mentioned NC b/c § 75-50-115 states that debt collectors (including OCs) cannot collect on a debt that [they have knowledge of] is past SOL; it doesn't say that a consumer has the right to DV an OC.

North Carolina General Statement

§ 45‑36.7. Payoff statement: request and content.

(a) An entitled person, or an agent authorized by an entitled person to request a payoff statement, may give to the secured creditor a notification requesting a payoff statement for a specified payoff date not more than 30 days after the notification is given. The notification must contain all of the following:

(1) The entitled person's name.

(2) If given by a person other than an entitled person, the name of the person giving the notification and a statement that the person is an authorized agent of the entitled person.

(3) A direction whether the statement is to be sent to the entitled person or that person's authorized agent.

(4) The address to which the creditor must send the statement.

(5) Sufficient information to enable the creditor to identify the secured obligation and the real property encumbered by the security interest.

(B) If a notification under subsection (a) of this section directs the secured creditor to send the payoff statement to a person identified as an authorized agent of the entitled person, the secured creditor must send the statement to the agent, unless the secured creditor knows that the entitled person has not authorized the request.

© A person who gives to a secured creditor a notification requesting a payoff statement thereby represents that the person is an entitled person or the authorized agent of an entitled person. A secured creditor may rely on that representation in providing a payoff statement unless the secured creditor knows that the requesting person is neither an entitled person nor the authorized agent of an entitled person. A secured creditor has no duty to make inquiry as to whether, or to verify that, the person requesting a payoff statement is an entitled person or the authorized agent of an entitled person.

(d) Within 10 days after the effective date of a notification that complies with subsection (a) of this section, the secured creditor shall issue a payoff statement and send it as directed pursuant to subdivision (a)(3) of this section in the manner prescribed in G.S. 45‑36.5 for giving a notification. A secured creditor that sends a payoff statement to the entitled person or the authorized agent may not claim that the notification did not satisfy subsection (a) of this section. If the person to whom the notification is given once held an interest in the secured obligation but has since assigned that interest, the person need not send a payoff statement but shall give (i) a notification of the assignment to the person to whom the payoff statement otherwise would have been sent, providing the name and address of the assignee, or (ii) a notification to the person to whom the payoff statement otherwise would have been sent, stating that the recipient claims no interest in the security instrument or the secured obligation, that the secured obligation was assigned, but that the identity and address of the assignee is not known.

(e) A payoff statement must contain:

(1) The date on which it was prepared and the payoff amount as of that date, including the amount by type of each fee, charge, or other sum included within the payoff amount;

(2) The information reasonably necessary to calculate the payoff amount as of the requested payoff date, including the per diem interest amount; and

(3) The payment cutoff time, if any, the address or place where payment must be made, and any limitation as to the authorized method of payment.

(f) A payoff statement may contain the amount of any fees authorized under this section not included in the payoff amount. A secured creditor may require the payment in full of any fees authorized under this section before issuing a payoff statement.

(g) A secured creditor may not qualify a payoff amount or state that it is subject to change before the payoff date unless the payoff statement provides information sufficient to permit the entitled person or the person's authorized agent to request an updated payoff amount at no charge and to obtain that updated payoff amount during the secured creditor's normal business hours on the payoff date or the immediately preceding business day.

(h) A secured creditor must provide upon request one payoff statement without charge during any six‑month period. A secured creditor may charge a fee of twenty‑five dollars ($25.00) for each additional payoff statement requested during that six‑month period. However, a secured creditor may not charge a fee for providing an updated payoff amount under subsection (f) of this section or a corrected payoff statement under G.S. 45‑36.8(a).

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Nobody reads anything any more. Even when it's staring at them in the face. :evil:

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Nobody reads anything any more. Even when it's staring at them in the face. :evil:

Doc,

You need work on your people skills, little man. That is the last insult I am taking from you, any others and I will commence further administrative actions.

Please adjust fire,

Water M. Onkey

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Did you really read that statute?? Hun...that's pertaining to mortgages and deeds...requesting payoff statements.

Never claimed to be a lawyer :D

I think its close enought to scare a creditor.

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Is that a threat???

Little man? Later chief. Don't forget to take your attitude.

You don't come to a sight like this looking for help and then fight what's being told to you when you're obviously misunderstanding it, then look down your nose at seasoned members who may be able to help you. That insults me.

We tried to help, you want no part of it. You don't need to be registered here to do the kind of research you're doing.

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Your information was completely erroneous - Doc was right. Individual states may have consumer protection laws against collectro that go beyond the FDCPA - but the FDCPA applies strictly to collection agencies only. Whoever told you otherwise is incorrect.

The FDCPA doesn't cover collection agencies in many areas - some examples: what kind of information can be collected on a consumer, how much interest to charge, etc. All those state statutes are doing is saying that "in this case an OC is a collector, and in our state a collector has to do XYZ in accordance to collector state laws. I know of no case law where an OC was deemed a collector and therefore made subject to the FDCPA. That's completely false.

Care to state your sources?

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