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Re-aging & violation question(s)


MissaFraQ
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As some of you may know, I've been fighting a Palisades listing on my CR for 2 years now for a cable/cellular bill. I've never used AT&T for anything except LD back in the late 80's to early 90's.

I've sent 2 prior letters to Palisades. One on 8/22/05 & one on 1/23/06. Received my little green cards. Disputed each time with the CB's as not mine. CA verified with CB. But I never heard anything from Palisades. I've also disputed with just the CB's as not mine. Sometimes verified and twice deleted from EX & EQ. The TL also vanished after my first dispute with TU and hasn't resurfaced. *knock on wood*

FF to 1/24/07 - I received a letter from Palisades. I fire off a CMRRR letter to them on 2/23/07. Signed for on 2/26/07. On 2/28/07, I purchased my EQ & EX CR directly from EQ & EX and disputed AGAIN with EQ online. My EX CR is being mailed so I have to wait on that one.

On EQ - Palisades is listed under "Other Accounts" as an open acct. It's also listed under the "closed acct" section & under the "negative account history" section.

Here is the listing (cleaned up a bit to make it readable. Nothing changed. Only thing added was the *BLANK* and the bolded text)

Account Number: AT T -1ATTW02144XXXX

Current Status: COLLECTION ACCOUNT

Account Owner: Individual Account.

High Credit: $224

Type of Account: Open

Credit Limit: $0

Term Duration: *BLANK*

Terms Frequency: *BLANK*

Date Opened: n/a

Balance: $224

Date Reported: 02/2007

Amount Past Due: $224

Date of Last Payment: *BLANK*

Actual Payment Amount: $0

Scheduled Payment Amount: $0

Date of Last Activity: 10/2001

Date Major Delinquency First Reported: 09/2006

Months Reviewed: n/a

Creditor Classification: Cable/Cellular Activity

Description: n/a

Charge Off Amount: $0

Deferred Payment Start Date:

Balloon Payment Amount: $0

Balloon Payment Date: *BLANK*

Date Closed: *BLANK*

Type of Loan: Factoring Company Account (debt purchaser)

Comments: Consumer disputes after resolution,

Collection account

The comments have been the same since my dispute in Jan 07. It's only been 2 or 3 days so I don't think it's been long enough to show as "disputed" from the CA. I've bolded what I have concerns about.

1) Would this be re-aging? (FCRA Section 605©)

2) The CB's have already violated (FCRA Part (A)(5)(B)(ii)) twice by deleting & re-inserting this TL. Do you think I have an actionable case against the CB's?

3) The CA not validating to me but verifying with the CB after each letter sent & being disputed with the CB? (FDCPA Section 809 (B))

4) Being listed as a factoring company. (I forget the statue on that one)

5) Being listed as an open account when it is not.

I believe I also have a strong enough case to prove willful non-compliance.

What do you credit guru's think? Willing? Dive? Lady? Dire? Nascar? CarolinaBlueEyes? Especially since you & Nascar in NC like me

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I believe the first 2 letters would not be considered to be timely since there had been no contact. I sent the letters after pulling my CR. I might be able to make a complaint that once they signed for the letters, I disputed with the CB's and they verified with the CB but not me.

I also think for #2, since I was not notified, not once but at least twice, about the re-insertion, I would be able to argue that point if necessary.

I have to admit that their letter made me chuckle.

Dear MissaFraQ,

Many Americans receive a tax refund each year. Why not use your refund to improve your credit record at a savings to you?

You can settle this account for less than the full balance. To find out how, call toll-free (phone # listed) today. When you settle, collection efforts against you will stop. Your account will be closed and reported to the appropriate credit bureaus as settled.

A better credit record could make it easier for you to obtain credit in the future, such as a loan for a new home or car. To take advantage of this special offer, which will expire April 15, 2007, call toll free (phone # listed).

Very truly yours,

Palisades Collection, LLC

This communication is from a debt collector and is an attempt to collect a debt. Any information will be used for that purpose.

If you have recently filed a bankruptcy proceeding, please be aware that this letter is for informational purposes only. Please forward a copy of this letter to your counsel and/or trustee blah blah.

What do you think of that letter from them?

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I believe the first 2 letters would not be considered to be timely since there had been no contact. I sent the letters after pulling my CR. I might be able to make a complaint that once they signed for the letters, I disputed with the CB's and they verified with the CB but not me.

I also think for #2, since I was not notified, not once but at least twice, about the re-insertion, I would be able to argue that point if necessary.

I have to admit that their letter made me chuckle.

Dear MissaFraQ,

Many Americans receive a tax refund each year. Why not use your refund to improve your credit record at a savings to you?

You can settle this account for less than the full balance. To find out how, call toll-free (phone # listed) today. When you settle, collection efforts against you will stop. Your account will be closed and reported to the appropriate credit bureaus as settled.

A better credit record could make it easier for you to obtain credit in the future, such as a loan for a new home or car. To take advantage of this special offer, which will expire April 15, 2007, call toll free (phone # listed).

Very truly yours,

Palisades Collection, LLC

This communication is from a debt collector and is an attempt to collect a debt. Any information will be used for that purpose.

If you have recently filed a bankruptcy proceeding, please be aware that this letter is for informational purposes only. Please forward a copy of this letter to your counsel and/or trustee blah blah.

What do you think of that letter from them?

If you DV'd then IT'S A VIOLATION!

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There is a HUGE thread on Palisades, but the long and short of what happened with me was I had to go the fraud route.

I truly and honestly NEVER had an AT&T Wireless account. The only thing that got Palisades off of my credit reports was reporting them to FTC, Attorney General (their state-New JERKsey and mine) and the BBB. I also told all three CRA's of the fraud and sent statements. Currently, it is not on my CR's and hasn't been for months--KNOCK ON WOOD.

I wish you a lot of luck with these bottom feeders. They're truly no-use-waste-of-space oxygen thieves!

Elyse

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The only thing that got Palisades off of my credit reports was reporting them to FTC, Attorney General (their state-New JERKsey and mine) and the BBB.Elyse

Unfortunately, I might have to go that route. And who knows, I might just come out with a few thousand if I decide to go that route. I am really undecided. Right now, I have the "time" to research and sue since my next surgery won't be until Aug or Sept 07 so it's definitely doable.

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