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If an OC doesn't report, but CA they hired does...


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Long story, you can read it in this thread if you like. But I have a collection from BellSouth. I do not owe this money and I can easily prove it. I have been round and round with the phone company for 4 years on this. They have not reported it to the CRA's, but they have placed it with an outside CA who has. I have many violations against the CA as well as lots of actual damages... denial of credit cards, can't buy a house, can't look for a new job until this is gone, etc.

I am filing a Federal lawsuit against the CA and BellSouth, but BellSouth isn't the one reporting this. Can I only go after BellSouth for actual damages, defamation, etc. or is there any way that I could claim that BellSouth was in collusion with the CA to report this to the CRA's and thus jointly responsible for the inaccurate info on my credit report? I'm just looking for some kind of good argument of why an OC who doesn't report, but sends a bogus item to a CA knowing that the CA will report that information to the CRA's is "furnisher of information" under FCRA or FDCPA. The OC is not a bank so there are certain parts of the FCRA that seem like they don't apply to them. Even if I had owed the debt (which I don't), the DOFD is wrong, failed to investigate my disputes with them, etc. I know they're going to try and get around any FCRA or FDCPA violations by saying "we're not a furnisher of information", but the CA just parrotts what the OC tells them so really they are the furnisher of the information.

The CA is just going to try and get out of any violations by saying that they just reported what the OC told them was accurrate. By having them both in court (or filing contradictary motions to the judge) I want to show that jointly they defamed me, caused intentional emotional distress, caused actual damages to my financial situation and violated many provisions of the FCRA and FDCPA, but I just don't know how to write up the CLAIMS FOR RELEIF with respect to the OC. I've got about 15 violations on the CA that are pretty clear how to write up, but it gets trickier with the OC and they started this whole mess and furnished the CA with the bogus information and refused to look at any of my evidence that the debt was not mine.

Any suggestions? I don't have to win, I just want it to be VERY expensive for them to defend against. The underlying debt is less than $400.

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If you want it to be expensive for them to defend, as suggested in your last thread. Keep searching for a lawyer.

Thanks for that. I've spoken to several. They all want me to do several more disputes via certified mail with the CRA's so that they can get the CRA's in on this lawsuit as well. This is to get the amount up as high as possible. I understand that. But I need this over with quickly. I don't have time to go through several more rounds of disputes with the CRA's. They're in it for the money. However, I'm in it solely for revenge and to get it off my credit report immediately. The money is at the bottom of the list. I want to move forward based on the outrageous behavior of BellSouth and CBCS immediately.

Anyway, that's why I posted this as it's own thread asking a very specific question. So that I wouldn't get a bunch of people saying "get a lawyer". I was wondering very specifically (from the people on here who ARE lawyers) what might be an arguement that BellSouth is in fact a furnisher of information?

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FDCPA does not apply to OC, only CA. For purposes of the FCRA, to be considered a furnisher of information one must directly furnish information to the CRA, not just to the CA and I don't think you have an argument that bellsouth is a furnisher of info, as they have not reported it to the CRA. I know you want to prove that they are, and I don't blame you as I see your point, but they did not make the sole decision to report therfore the CA can be the only one held liable.

One important piece of info you have left out of your threads is, has the CA actually purchased the debt from bellsouth of are they just hired to collect. And another thing, maybe i overlooked it, but have you ever even contacted bellsouth in writing regarding this debt? You talk about suing them, but if you never made a good faith attempt to contact them in writing, I dont see your point.

You are looking to get it off your CR fast, and want it to be expensive to fight for them. It's pretty much one or the other. You can make it expensive by bringing them through a long drawn out legal process for damages and perhaps come out a few dollars ahead, or you can try to get it off your report right now by paying the idiots. But good luck trying for both. I mean hell, i'm currently in suit with a CA and I have counsel, they still wont take it off my CR and the debt is not even mine, it makes in good turn for FCRA violations however, they dont care, they have too much money and they would rather try to make me look like a fool (not happening) so they are just going to fight back (good luck, they have no supporting documentation)

Back to your case, most likely, if you sue without legal counsel, they wont just back off and they will fight back, as they probably will think you are an unsophisticated consumer trying to make a few dollars and they think they will win. However if you obtain counsel then they have to put all communications to you through that said counsel and they will take you a little more serious. Honestly you may have more of a chance of them settling this way. But don't think that if you sue, they will take it off your report immediately.

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FDCPA does not apply to OC, only CA. For purposes of the FCRA, to be considered a furnisher of information one must directly furnish information to the CRA, not just to the CA and I don't think you have an argument that bellsouth is a furnisher of info, as they have not reported it to the CRA. I know you want to prove that they are, and I don't blame you as I see your point, but they did not make the sole decision to report therfore the CA can be the only one held liable.

One important piece of info you have left out of your threads is, has the CA actually purchased the debt from bellsouth of are they just hired to collect. And another thing, maybe i overlooked it, but have you ever even contacted bellsouth in writing regarding this debt? You talk about suing them, but if you never made a good faith attempt to contact them in writing, I dont see your point.

You are looking to get it off your CR fast, and want it to be expensive to fight for them. It's pretty much one or the other. You can make it expensive by bringing them through a long drawn out legal process for damages and perhaps come out a few dollars ahead, or you can try to get it off your report right now by paying the idiots. But good luck trying for both. I mean hell, i'm currently in suit with a CA and I have counsel, they still wont take it off my CR and the debt is not even mine, it makes in good turn for FCRA violations however, they dont care, they have too much money and they would rather try to make me look like a fool (not happening) so they are just going to fight back (good luck, they have no supporting documentation)

Back to your case, most likely, if you sue without legal counsel, they wont just back off and they will fight back, as they probably will think you are an unsophisticated consumer trying to make a few dollars and they think they will win. However if you obtain counsel then they have to put all communications to you through that said counsel and they will take you a little more serious. Honestly you may have more of a chance of them settling this way. But don't think that if you sue, they will take it off your report immediately.

When I say immediately, I mean as soon as possible and I want to get the ball rolling by filing immediately to get the fastest response from them. Yes, I do expect them to answer my complaint and probably file motions to dismiss some/all of the complaints. I want them to look at the complaint though and realize right away that they're in for a lot of paperwork and after I anwer they're responses, they're realize this is not going away. I've researched this company (CBCS) you can read about them on here and other boards. They standard MO is to ignore any DV request or ITS, but the MINUTE a suit if filed they immediately pick up the phone and offer to settle.

I'm not sure about BellSouth, what their response will be. But this is over a $367 phone bill that I don't owe and can prove it. I even spoke with their representative twice on Monday in a last attempt to get this resolved before going to court. The two gals that I spoke with in their Outside Collections Support Group seemed sympathetic and seemed to believe me. They just apologized that there was nothing they could do. They could direct CBCS to stop collection activity for 30 days while they try to get something done. I agreed to that only if they would direct CBCS to remove the item from my report until this was resolved. They said they couldn't do that and that the internet portions of my bill, they had no control over and couldn't do anything about anyway. I told them that since CBCS's ONLY collection attempt or contact with me amounted to putting the negative item on my CR, there was no point in telling them to halt collection activity if that didn't include removal from my credit report.

And if they couldn't do anything about the bill itself, then I would get the court to do it. So that's what I'm attempting to do.

I did write BellSouth a letter, but it was 4 years ago and I don't have a copy of it now. I didn't expect this to become so serious. At that time I considered it a billing error. I really don't think it will matter though. You may disagree, but I have called them many times. They have notes in their system which they've read back to me. I can get them on discovery and even I'm sure on Admissions. BellSouth can tell their story and I'll tell mine. Mine makes much more sense to any reasonable individual. I'll request a jury trial. Everyone as dealt with the phone company at some point. I don't think they'll get much sympathy or have much credibility. Think about it...

Why would I save my phone bills that kept coming for 6 months after I moved out of the state and didn't bother to call the phone company and dispute the carges? What??? I just kept letting charges rack up for a house I didn't live in. If I were that lax, why would I save the phone bills for 4 years? Or is it more logical that I called the phone company many times to tell them that they were out of their mind and they better turn off service to a house I didn't live within a thousand miles of like any sane person would do and the PHONE COMPANY just didn't care about someone who had already cancelled service and wasn't a customer of their's anymore? How many people have called utility company customer service and got the run-around for hours with one person after another saying "Not my job to fix this!"?

No, I think that any judge or jury when presented with my affidavit from my landlord that I move out of the residence 7 months before the phone company FINALLY stopped service in my name and there is NO EVIDENCE that anyone in the house ever used the phone line again (which tells me that the new residents actually had started new service at the address in their own name since they didn't charge a single long-distance call under my name after Sept. 1st). I can find that out in discovery as well and find out if they were actually billing the new tenants for service at the same time that they're trying to charge me for. But I need a subpeana to get that information. I really need to just file at this point to strengthen my case even further. I'll submit my credit report as evidence in support of my other FDCPA and FCRA charges against the CA and it will show that I have never stiffed anyone else. This is the only collection, charge-off or public record on my CR. Why would I be so completely insane in this ONE instance when I wasn't even getting any service from them because I was across the country?

I really need to find out who the next person to have service at the house was and when that service started. If it was a month or so after I moved out and BellSouth could have easily cross-checked that a totally new person was getting service at the house the first time I called them 4 years ago but instead chose to ignore my demands stop service and stop billing from September 1st on, then I don't see that having green cards from letters will help. Anyone with any common sense or any experience dealing with a utility will know that I'm right and they're wrong and they knew it but no individual that I ever spoke with there either lacked the ability or inclination to correct the problem and as a result I suffered a great deal of damage.

How far am I supposed to go to get them to correct the problem? What exactly is my responsibility? What should I really have done before I sufferred any real damages? I mean, I didn't really have an recourse or any cause of action to do anything other than call them and alert them of the problem until they actually damaged my credit. Then, I had grounds to actually go further with it and I did. Am I supposed to spend $4 a pop sending certified letters before I was out any money or have been damaged at all? How much money do I have to spend to help their billing department do their job? Am I supposed to put together a training program for them? While it's true that I may have done more, how far do I have to go? Wouldn't a reasonable person think that over half a dozen phone calls to various departments within BellSouth be enough before giving up and waiting to see if I ever receive any real damages from their mistake before wrapping my life around the issue?

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Long story, you can read it in this thread if you like. But I have a collection from BellSouth. I do not owe this money and I can easily prove it. I have been round and round with the phone company for 4 years on this. They have not reported it to the CRA's, but they have placed it with an outside CA who has. I have many violations against the CA as well as lots of actual damages... denial of credit cards, can't buy a house, can't look for a new job until this is gone, etc. Thanks for all of your advice.
I've taken the advice of several posters here and contacted several attorneys here in NYC today. They all want to set up an appointment in several weeks and say that this will be a long process. I'm in a hurry. I want to buy a house right after the first of the year and I need this off NOW!

I read the thread. Wow. The GOOD NEWS is you will be able to buy a house right after the first of the year (2007). You must calm down. Don't let your anger get the best of you. I do not have any legal advice for you. But I think that you should continue your legal fight with CBCS and BELLSOUTH.

You should be able to nail CBCS real good, but it might be a little bit difficult for Bellsouth in NYS. But if you hit CBCS hard enough, CBCS may want to bring Bellsouth into the lawsuit as a codefendant. CBCS requires Bellsouth for records and testimony anyway.

If you haven't done so already, it's very important that you file complaints with the FTC with evidence supporting your claim and with the Florida State Attorney General Charlie Crist. Do NOT file on line. You need to submit your documentation.

Under Florida Consumer Collection Practices Act (FCCPA), both creditors and debt collectors may be sued. FCCPA applies to ANY one, creditors, debt collectors, federal, state and local governmental bodies, any person acting as a debt collector for another person. I love the word ANY. You may want to check NYS Consumer Collection Laws.

Here's the thing. You will be able to buy a house (or condo) and still get the best possible Interest Rates, Points and Fees, provided that you have a Mortgage Broker. It appears that you may have less than 3 weeks to improve your Credit Score? NO PROBLEM. You are in great shape and do not even know it. There is a Special Program for home buyers (car buyers too!) with Derogs on their credit reports and need to improve their scores very quickly.

You simply explain your situation (and you're very good at explaining things) to your Mortgage Broker and she/he submits (via Fax) your evidence to the CRAs who will Rescore you rapidly. Rapid Rescoring may take 24 - 72 hours, not weeks or years. There may be a small fee for this service (less than $50). Some clients have raised credit scores in as little as 2 hours. This well-kept technique is legal and ethical. Mortgage Brokers and Car Dealerships had been using this method for years to get their clients approved. Banks are NOT known to do this. Ask your Mortgage Broker. If he/she is not willing, find one who will. Most will though because they really want their commission.

Go ahead and Google "RAPID RESCORE." Educate yourself so that you will know what to expect from your broker. That one nasty Derog will not harm your chances for buying your house and you will be mitigating your damages, as required by law. I wish you the very best in your legal fight.

Happy Holidays xcanex xcanex xcanex

June

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I read the thread. Wow. The GOOD NEWS is you will be able to buy a house right after the first of the year (2007). You must calm down. Don't let your anger get the best of you. I do not have any legal advice for you. But I think that you should continue your legal fight with CBCS and BELLSOUTH.

You should be able to nail CBCS real good, but it might be a little bit difficult for Bellsouth in NYS. But if you hit CBCS hard enough, CBCS may want to bring Bellsouth into the lawsuit as a codefendant. CBCS requires Bellsouth for records and testimony anyway.

If you haven't done so already, it's very important that you file complaints with the FTC with evidence supporting your claim and with the Florida State Attorney General Charlie Crist. Do NOT file on line. You need to submit your documentation.

Under Florida Consumer Collection Practices Act (FCCPA), both creditors and debt collectors may be sued. FCCPA applies to ANY one, creditors, debt collectors, federal, state and local governmental bodies, any person acting as a debt collector for another person. I love the word ANY. You may want to check NYS Consumer Collection Laws.

Here's the thing. You will be able to buy a house (or condo) and still get the best possible Interest Rates, Points and Fees, provided that you have a Mortgage Broker. It appears that you may have less than 3 weeks to improve your Credit Score? NO PROBLEM. You are in great shape and do not even know it. There is a Special Program for home buyers (car buyers too!) with Derogs on their credit reports and need to improve their scores very quickly.

You simply explain your situation (and you're very good at explaining things) to your Mortgage Broker and she/he submits (via Fax) your evidence to the CRAs who will Rescore you rapidly. Rapid Rescoring may take 24 - 72 hours, not weeks or years. There may be a small fee for this service (less than $50). Some clients have raised credit scores in as little as 2 hours. This well-kept technique is legal and ethical. Mortgage Brokers and Car Dealerships had been using this method for years to get their clients approved. Banks are NOT known to do this. Ask your Mortgage Broker. If he/she is not willing, find one who will. Most will though because they really want their commission.

Go ahead and Google "RAPID RESCORE." Educate yourself so that you will know what to expect from your broker. That one nasty Derog will not harm your chances for buying your house and you will be mitigating your damages, as required by law. I wish you the very best in your legal fight.

Happy Holidays xcanex xcanex xcanex

June

June,

Thank you! That was a fantastic answer. I will do that right away. I still want to bring BellSouth into it at the very least for Defamation, Intentional Emotional Distress, Libel (remember, even if they didn't report to the CRA's and thus not liable under FCRA and FDCPA, they still defamed me and libeled me to CBCS which still caused me great harm) and actual damages as a result of their negligence/careless disregard/etc.

Even if the lawyers on this site say it's not possible to make them co-defendants on the FCRA/FDCPA violations... IF I wanted to set some kind of precedent with this case WHAT might an arguement be for calling BellSouth a "furnisher" of information? I read the statutes over and over and couldn't find ANYWHERE a definition of "furnisher of information".

I'd love to argue (even if it doesn't hold up) that BellSouth is the furnisher of the information and CBCS was acting at the direction and within the control of BellSouth and simply forwarded the information they got from BellSouth to the CRA's.

Like I said, it may not hold up. But I want them to have to fight it. It's their turn to have to defend themselves against me instead of the other way around.

As to the mortgage broker situation. I will try that. I do have a friend who's a mortgage broker (at least he was, I haven't talked to him in a couple years). But I know that they make money by adding to the interest rate that they get from the bank. So I still would be paying more (even if not that much more). Also there's the embarrassment of going into my friend's office and telling him I have a collection on my report.

I have a very good relationship with my bank. They recently did me a big favor by removing a 30 day late on a credit card from last December when I thought they told me that I could miss the payment due to the holidays. I actually, didn't need to, but I was going to Vegas that month and wasn't around to make the payment so I skipped it and the late showed up. When I contacted them about it, a guy from the risk-management office got in touch with me and spent a lot of time going over my credit and payment history and such and ended up removing the late, lowering my interest rate back to the non-default rate and raising my credit limit. I really wanted to do business with them again when I buy the house. They are a large national bank, but they were great to me.

I also will be looking for a new job when I move. I really don't want to have to explain to potential employers the collection on my report either. It would be very hard for BellSouth to claim that I do not have actual damages even if they get around being a "furnisher" under FCRA.

Has anyone EVER tried to name an OC as a "furnisher" under FCRA? Any case law that says I can't? Can someone point me to the definition of "furnisher" under FCRA? It is not listed in the "definitions" section of the act and I couldn't find it anywhere else after much searching. It's a big document, so I could have missed it elsewhere in the text, but I looked pretty hard. I'd love have the courts decide whether BellSouth was indeed the "furnisher" of the information. I think a lot of people on this board would like to see it tried as well.

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Another thing, how can I get this under the Florida Consumer Laws? It was not put on my credit report until after I lived in NY. I was damaged when I lived in NY. CBCS is headquartered in Ohio, but is licensed in all 50 states. But I don't see how Florida jurisdiction would apply (I'd love it to though).

New York State does have a version of the FDCPA, but it only rehashes the collection practices portion of the FDCPA such as threats of violence, threats of legal action not intended to take and so forth. It doesn't contain anything about the DV process or FCRA statutes. It only makes the worst collection practices criminal with no right of action for the consumer, just criminal charges may be filed against CA by the AG or city prosecutor. But again, they'd have to threaten me or call me in the middle of the night or something.

New York City has a statute that would apply, but my only redress is to file a complaint through the Consumer Protection Agency. If after a mediation they are found guilty, then I could receive damages and CBCS would receive a mandatory license suspension to collection debts in New York City, but I wasn't sure if taking that action would pre-clude me from also filing a Federal Lawsuit against them on the same charges. I'd rather go Federal. On the plus side of going through the NYC CPA, I'd assume they'd be much better versed in their own rules (it's not a statute, but a licensing rule) than the average judge in a FDCPA/FCRA case would be.

Anyway, it'd be much easier to bury them in paperwork filing a Federal lawsuit and thus much expensive for them. I'm just paying filing fees. They're paying attorneys to answer each complaint, motion, request, etc... all over a bogus $367 phone bill that they could have avoided by shutting it off at the time they were directed to.

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I had another question... I mentioned earlier either in this post or the other one that I had a deposition from my former landlord saying that I moved out August 30th, 2002, had no roommates or anyone left in the house that would have continued to use their service, etc. That's not entirely true. I actually have SPOKEN to the landlord and he's willing to provide me with whatever I need, but I told him to hold-off until I speak with the attorney to find out what in fact I do need from him. Since I'm not getting an attorney now, I'd like to ask the board here, what in fact I should get from him? A letter? A fax? An email? An affidavit? Should he just be available to be deposed? What should he provide me for this lawsuit? He's willing to provide me with whatever I need, but I don't know what the best thing from him would be. He's waiting to know as well.

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June,Thank you! That was a fantastic answer. I will do that right away. I still want to bring BellSouth into it at the very least for Defamation, Intentional Emotional Distress, Libel (remember, even if they didn't report to the CRA's and thus not liable under FCRA and FDCPA, they still defamed me and libeled me to CBCS which still caused me great harm) and actual damages as a result of their negligence/careless disregard/etc.

With all respect, I think your problem is that you are so angry and not thinking straight. That's all the more reason to calm down. Don't bring Bellsouth into your FCRA and FDCPA lawsuit against CBCS.

To make it easier on yourself, look at this way, for Defamation, Intentional Emotional Distress, Libel which had caused and continue to cause great harm and actual damages as a result of their Negligence, etc., file a straight out Civil Action against Bellsouth for ALL those things. That should solve that problem. I believe that you most likely have a winable case with some very good arguments against Bellsouth.

The downside. You may have them appealing any Verdict. That's one of the reasons why we cannot find attorneys to take our FCRA cases. Businesses have mucho money for attorneys to take their cases all the way to the Supreme Court, if necessary. I am not trying to discourage you, but you Must be prepared to be in it for the long haul.

Even adding a .15 or .25 to your interest rate, any Mortgage Broker may Rapid Rescore knocking out the collection in your scoring saving you thousands$$$. Don't feel embarrass that Bellsouth and CBCS made errors in their reporting. It is not your fault. You are the victim here. Brokers see this sought of thing (credit reporting errors) every day. Besides you have evidence supporting your valid claims. I don't blame you.

I understand. If you have such a great business relationship with your bank, by all means do business with your bank. Explain your credit isssue (and you're very good at explaining things) with the Risk Manager and Ask the Bank do process the Rapid Rescore for you. It's just that banks are not KNOWN for this technique. The banks enjoy charging High Interests Rates. Ask your bank to do Rapid Rescore FIRST. If the your bank refuses to help you boost your credit score saving you thousand$ then they are not your friendly banker. You may decide to take your mortgage business elsewhere.

Sorry. Never, never do that skip payment thing that the companies offer. I have only heard of horror stories. What happened to you happens. They report you as late, after agreeing to allow you to skip. the banks do not tell the computer that they allowed you to skip a payment. The computer is programmed to pick up monthly payments, if no payment, you are in default.

Best Regards,

June

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Another thing, how can I get this under the Florida Consumer Laws? It was not put on my credit report until after I lived in NY. I was damaged when I lived in NY. CBCS is headquartered in Ohio, but is licensed in all 50 states. But I don't see how Florida jurisdiction would apply (I'd love it to though)

I had mentioned Florida CCPA only, so that you may look for same or similar Consumer Laws in NYS. You do not have a claim here you are now a NYS resident.

Still file your Complaints with the FTC, NYS Attorney General and Florida State Attorney General. I still say Florida SAG as a small favor for me, because I have a Sworn Complaint against CBCS, and where the the Florida SAG receives five (5) Complaints against CBCS, he can shut them down or fine them. Who knows yours may be the fifth complaint that is needed. :)

I heard that Florida CCPA is one of the best in the country.

I hear that it may costs anywhere from $10,000 - $15,000 for the defendant attorneys to file an ANSWER to a Complaint.

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June,

Thanks for your great reply. I did check out the RapidRescore thing it says that I have to have a letter from my creditor on their letterhead for the CRA's to change their CR's for me. Cancelled checks, statements, etc. are not good. It must come from the creditor, in this case that would be BellSouth/CBCS. I'm done dealing with them. From now on, all dealings with them will be through the courts.

I am angry and I am anxious. I wanted to keep the two lawsuits together. When you look at the whole story and the two companies actions together, it is a much worse case against either one of them. The FDCPA/FCRA claims no longer look like just technicalities. It becomes clear that I have been railroaded by these two companies and I am no longer just one more deadbeat trying to land the CA's on some violations to get out of paying their own debt.

Also, it's mostly just been a bunch of phone calls to various BellSouth departments with one letter a few years ago when they were still billing me, but I didn't send it registered and I don't have it anymore. So most of my documented disputes are through the CA/CRA's who were supposed to verify with BellSouth that the debt was valid. I need the whole saga to be in one lawsuit to solidify my claims against them both. If I file against BellSouth it HAS to be along with CBCS.

If I name them both in the lawsuit, CBCS will blame BellSouth and BellSouth will blame CBCS. They'll make my case for me against each other. Also, the totality of the emotional distress will be much greater when a judge or a jury looks at the entire ordeal I've been through and not just a few letters to CBCS/CRA's or a bunch of phone calls and a letter to BellSouth.

I did realize that the FDCPA/FCRA claims against BellSouth would probably be dismissed and just the Defamation, Libel and IED would hopefully remain. I wanted to give it a shot though. What is the harm in that? If certain claims get dismissed and certain ones go to trial, how does that hurt me? If BellSouth, who's not used to being sued on FDCPA/FCRA claims has to hire a special lawyer with knowledge in that field to defend it, then I'm happy. I just at least wanted to make an argument, that's all.

I asked earlier, how I would write up a defamation/libel/IED case in Federal Court? If I sued BellSouth seperately, what jurisdiction would I use? (they don't do business in New York) Is Defamation/Libel/IED evean a Federal Question?

I'll reiterate as well, that I'm not as concerned about (as most attorneys would be) winning or losing as I am that I want it to cost more to even write a response than the stupid $367 they're trying to extort from me. My objective is to put them on the defensive like they've been doing to me for 4 years. That's not out of anger. It is simply (in my opinion) my best tactic to get this resolved as quickly as possible. I'm expecting that they'll pay attention to this issue once they're served. Take a look at my history with them and wonder how it ever got this far.

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Also, I did take your advice and looked at the Florida statute. It doesn't appear that I have any Florida claims. The statute appears to be similar to New Yorks as far as it only deals with collection practices and not reporting or handling disputes, which is where my claims come from.

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I had mentioned Florida CCPA only, so that you may look for same or similar Consumer Laws in NYS. You do not have a claim here you are now a NYS resident.

Still file your Complaints with the FTC, NYS Attorney General and Florida State Attorney General. I still say Florida SAG as a small favor for me, because I have a Sworn Complaint against CBCS, and where the the Florida SAG receives five (5) Complaints against CBCS, he can shut them down or fine them. Who knows yours may be the fifth complaint that is needed. :)

I heard that Florida CCPA is one of the best in the country.

I hear that it may costs anywhere from $10,000 - $15,000 for the defendant attorneys to file an ANSWER to a Complaint.

I will do that. I'll also PM you the Statement of Facts from the lawsuit that I'm drafting. You can look at it and perhaps guide me in writing to the FL AG as to what I should say and how I should say it. I'd appreciate a critique of my Statement of Facts as well.

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I had another question... I mentioned earlier either in this post or the other one that I had a deposition from my former landlord saying that I moved out August 30th, 2002, had no roommates or anyone left in the house that would have continued to use their service, etc. That's not entirely true. I actually have SPOKEN to the landlord and he's willing to provide me with whatever I need, but I told him to hold-off until I speak with the attorney to find out what in fact I do need from him. Since I'm not getting an attorney now, I'd like to ask the board here, what in fact I should get from him? A letter? A fax? An email? An affidavit? Should he just be available to be deposed? What should he provide me for this lawsuit? He's willing to provide me with whatever I need, but I don't know what the best thing from him would be. He's waiting to know as well.

Let me tell you something. Your former landlord is a blessing. I wish there were many more people in the world like him. Get his signed Affidavits immediately. You know that Life is uncertain.

Where you will file two seperate Civil Actions against 1) Bellsouth for Libel and 2) FCRA Action against CBCS, ask your former LL to provide you with two (original hard copies only) SWORN AFFIDAVITS. And (attach) include your own SWORN AFFIDAVIT to each Complaint. It is extremely difficult for any Defendant to defeat or beat Sworn Affidavits.

For your Complaint, the attorneys may Answer and issue their standard General Denial Statements (or even lie) to any and all of your allegations, if they so chose (costing them each, up to $15,000 for an attorney to investigate, research and file their Answers [because of an alleged underlying $361.00 debt?]) :)

But an Affidavit the thugs or their pricey Attorneys cannot Answer or defeat. An Affidavit is a powerful litigation tool. Bellsouth and CBCS attorneys would have to prove to the court that your Sworn Affidavit and that of your former LL are completely false or untrue, which is the impossible. Bellsouth, CBCS, and their Attorneys will be floored.

I am hoping for a nice $$ettlement and deletion for you. Recently, I had read a case where the underlying debt was tiny and in litigation for 4 years. The jury awarded the lady $90,000 for damages. I will try to relocate that case for you. Like you, she did it alone for 4 years and won. xdancexYou too shall win your case. Have a Blessed Day.

Best Regards,

June

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Let me tell you something. Your former landlord is a blessing. I wish there were many more people in the world like him. Get his signed Affidavits immediately. You know that Life is uncertain.

Where you will file two seperate Civil Actions against 1) Bellsouth for Libel and 2) FCRA Action against CBCS, ask your former LL to provide you with two (original hard copies only) SWORN AFFIDAVITS. And (attach) include your own SWORN AFFIDAVIT to each Complaint. It is extremely difficult for any Defendant to defeat or beat Sworn Affidavits.

For your Complaint, the attorneys may Answer and issue their standard General Denial Statements (or even lie) to any and all of your allegations, if they so chose (costing them each, up to $15,000 for an attorney to investigate, research and file their Answers [because of an alleged underlying $361.00 debt?]) :)

But an Affidavit the thugs or their pricey Attorneys cannot Answer or defeat. An Affidavit is a powerful litigation tool. Bellsouth and CBCS attorneys would have to prove to the court that your Sworn Affidavit and that of your former LL are completely false or untrue, which is the impossible. Bellsouth, CBCS, and their Attorneys will be floored.

I am hoping for a nice $$ettlement and deletion for you. Recently, I had read a case where the underlying debt was tiny and in litigation for 4 years. The jury awarded the lady $90,000 for damages. I will try to relocate that case for you. Like you, she did it alone for 4 years and won. xdancexYou too shall win your case. Have a Blessed Day.

Best Regards,

June

June,

Thanks! You've been a tremendous help. I actually just spoke again with my LL today to let him know that this is still going on and check in with him that he was still on board. Can you tell me what exactly he should say? What information he should provide? Something like...

"I attest under penalty of perjury that Thrillsoft vacated the residence located at xxxxx leaving the single residence dwelling vacant with no tenants remaining. He never again had any access to the residence and could not to my knowledge have incurred any charges for utility services at the residence."

I know the wording is wrong, but what should be said? What information should be given and how should it be worded? I've never seen or given an affidavit before. I'm clueless on that.

I am very intelligent, a member of MENSA and pick things up very, very easily as I go along. A little guidance will go a long way with me.

Also, what is the statute of limitations on something like this in Florida? Does FL SOL apply since I immediately moved to NY (actually, I was living in NY the entire time all the bogus charges occurred)? Does NY SOL apply? Is this a written contract? Open contract? What category does this fall under?

According to BellSouth, I missed October 2002 payment and never made another payment on this bill. They stopped billing me in April 2003. So if it is a 4 year SOL it was up last October (I'm assuming 10/2002 would DOFD). If that is the case, I may just call up CBCS a couple of times and ask them if I could be sued for this or try to get them to threaten legal action that cannot be taken.

Thanks.

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June,Thanks for your great reply. I did check out the RapidRescore thing it says that I have to have a letter from my creditor on their letterhead for the CRA's to change their CR's for me. Cancelled checks, statements, etc. are not good. It must come from the creditor, in this case that would be BellSouth/CBCS. I'm done dealing with them. From now on, all dealings with them will be through the courts.

With respect, I should have known that this would come up. You must understand the technique. That's not true. You do not require paperwork from CBCS and/or Bellsouth because you are not changing or DELETING anything in your Credit Reports.

For purposes of Rapid Rescoring you are requesting that FICO does not include this negative item, which is in Dispute, in your mortgage credit score.

Oh, you will still have your ongoing Dispute with Bellsouth and CBCS. You will continue to deal with that Dispute privately. Rapid Rescoring is to not include the Disputed derog for Mortgage Credit Scoring purposes, although the derog is still there on paper!!!

ASK your mortgage broker when the time is ripe, or your bank's Risk Management Officer or lender in person. A friend of mine used this technique.

Dont't be angry or anxious and Stay focus. I believe that you will have a better shot at it by seperating the two lawsuits. Bellsouth may be dismissed in its entirety for lack of jurisdiction or subject matter jurisdiction under a FCRA claim. The court may not pick and choose what to keep and what to throw out. But it's completely up to you, where all you want to do is argue some good points and try to prove others in Court.

I asked earlier, how I would write up a defamation/libel/IED case in Federal Court? If I sued BellSouth seperately, what jurisdiction would I use? (they don't do business in New York) Is Defamation/Libel/IED even a Federal Question?

My time is running out. I must get back to you later on this one. But I suggest that anything you file you must keep it short and simple. The courts do not like a bunch of reading. Short and Sweet will do.

I'll reiterate as well, that I'm not as concerned about (as most attorneys would be) winning or losing as I am that I want it to cost more to even write a response than the stupid $367 they're trying to extort from me. My objective is to put them on the defensive like they've been doing to me for 4 years. That's not out of anger. It is simply (in my opinion) my best tactic to get this resolved as quickly as possible. I'm expecting that they'll pay attention to this issue once they're served. Take a look at my history with them and wonder how it ever got this far.

Same here. I'll respond later on this, where I can.

Best Regards,

June

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Well, I just got off a weekly conference call that the guys (and gals) over at creditwrench hold every Friday and they all gave me the exact opposite advice as I've heard here so far. They said to definitely sue BellSouth on the same suit and with the same charges as CBCS even for the FCRA/FDCPA violations and told me that there is case law to back me up and a principle of "Law of Agency". That peaked my interest and I found this.

They also said that this suit will never get anywhere near trial. Both companies should offer to settle REAL fast. They also suggested sending my complaint just before I'm ready to file to both of them and give them 10 days to settle before filing, I really don't want to go through a drawn out court process. I think I'll do that. I really don't think either company wants to get near this over such a small debt that I don't even owe. Even if they don't know that I don't owe it, they can research it and find out really quickly that it's true.

I'm pretty stoked!

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This is quite an interesting thread. I hope you had a great call over at creditwrench today, I know they gave you great advice as Those guys are the most honest people ever.

http://www.creditwrench-thetruth.blogspot.com/

Follow all the advice you have so far and you are gonna find yourself in court with the judge awarding damages and attorney's fees to CBCS/Bellsouth

Im also not sure if you are aware that wikipedia is an encyclopedia of definitions made up by anyone who "thinks" they know the answer.

I'm not trying to give you nothing but negative information, but just trying to show you, not everything is as it seems and I think you are only believing what you want to hear.

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