Determined1 Posted March 9, 2007 Report Share Posted March 9, 2007 Hi,I have had great success in cleaning up my credit and no need for litigation until perhaps now. I have 2 accounts with the CA American Agencies.I have sent 3 DV letters (not back to back, but over the course of 6 months).They never responded with anything, not even a new invoice. However, they did update on my Experian report, the only CRA showing these items.They are small dollar amounts - approx $200 and $300.Here's the issue, one is set to fall off in June of this year, the other in July.I can let them naturally age off my Experian, but it irks me that for 3-4 years I tried to determine what they claim I owed, but cant get to the bottom of it.Although my EXP shows it is related to PacBell, PacBell was purchased by SBC, who was purchased by ATT. ATT doesnt have a record of any account, and I doubt American Agencies has a valid record either.So here's the rub, can I get them in small claims court before they age off?If I file suit, and pay to serve them out of state, and then they fall off my reports before trial, are they off the hook? Can I sue for violations on my EQ and TU where they once were isted, but have since been removed? Or should I just let time take care of the issue?Any advice is appreciated! Link to comment Share on other sites More sharing options...
Determined1 Posted March 12, 2007 Author Report Share Posted March 12, 2007 *bump* Link to comment Share on other sites More sharing options...
IHateCAs Posted March 12, 2007 Report Share Posted March 12, 2007 So what would be your claim? Link to comment Share on other sites More sharing options...
Determined1 Posted March 12, 2007 Author Report Share Posted March 12, 2007 Against American Agencies for violating FDCPA trying to collect without being able to prove the debt or a valid account in any fashion. I think I would only have them currently on reporting and updating to Experian after my recent letter to EXP and DV to the CA for 2 seperate accounts. Any thoughts? Link to comment Share on other sites More sharing options...
Determined1 Posted March 15, 2007 Author Report Share Posted March 15, 2007 *bump* Link to comment Share on other sites More sharing options...
direred Posted March 15, 2007 Report Share Posted March 15, 2007 Did you dispute within 30 days of first contact?Given how old it is, did you ALSO dispute with every single prior holder of the account in a timely (within 30 days of first contact) fashion? Link to comment Share on other sites More sharing options...
Determined1 Posted March 16, 2007 Author Report Share Posted March 16, 2007 Hi Dire, thanks for the reply. No, I only DV'd along with many negatives after looking at my credit report and coming to this forum. Also, this was not a new listing on my report....so it was not in reply to receiving a bill. Link to comment Share on other sites More sharing options...
direred Posted March 16, 2007 Report Share Posted March 16, 2007 I don't know precedent in your circuit, but in mine (the 9th), if you didn't dispute in 30 days, they don't need to validate. Link to comment Share on other sites More sharing options...
Determined1 Posted March 17, 2007 Author Report Share Posted March 17, 2007 Thanks Dire. I'm in Florida. Anyone with experience on this situation in FL courts? Link to comment Share on other sites More sharing options...
nascar Posted March 17, 2007 Report Share Posted March 17, 2007 Thanks Dire. I'm in Florida. Anyone with experience on this situation in FL courts?Same. They are under no obligation to respond to an untimely DV...except maybe in Hawaii. Aloha. Link to comment Share on other sites More sharing options...
Determined1 Posted March 18, 2007 Author Report Share Posted March 18, 2007 Thanks for the info on the DV. If they updated on my reports as their "reply," and cant prove the debt, does that open them up to a legitimate suit? Link to comment Share on other sites More sharing options...
Determined1 Posted March 20, 2007 Author Report Share Posted March 20, 2007 *bump* Link to comment Share on other sites More sharing options...
Determined1 Posted March 30, 2007 Author Report Share Posted March 30, 2007 *bump* Link to comment Share on other sites More sharing options...
nascar Posted March 30, 2007 Report Share Posted March 30, 2007 Thanks for the info on the DV. If they updated on my reports as their "reply," and cant prove the debt, does that open them up to a legitimate suit?Well, let's see...What do you believe is your cause of action? Link to comment Share on other sites More sharing options...
Determined1 Posted March 30, 2007 Author Report Share Posted March 30, 2007 Against American Agencies for violating FDCPA trying to collect without being able to prove the debt or a valid account in any fashion. I think I would have them currently on reporting and updating to Experian after my recent letter to EXP and DV to the CA for 2 seperate accounts. Also in violation of FLstatute FL 559.72, subsection 9 which references the same issue, but ona state level.Any thoughts? Link to comment Share on other sites More sharing options...
nascar Posted March 30, 2007 Report Share Posted March 30, 2007 violating FDCPA trying to collect without being able to prove the debt or a valid account in any fashion. From previous posts, it appears your DV may not have been timely. The CA is not required to respond to an untimely DV. What statute do you believe the CA has violated for "trying to collect without being able to prove the debt?"Please keep in mind that I'm playing devils advocate here. If you filed a complaint based on the quote above, the CA will get a dismissal based upon failure to state a claim. So, what Federal statute did they violate, and how did they violate it? Link to comment Share on other sites More sharing options...
Determined1 Posted March 30, 2007 Author Report Share Posted March 30, 2007 Thanks for the help Nascar. I believe by updating my credit reports on this alleged debt they attempted debt collection in violation of the FDPCA. I also believe they opened themselves up to the state statute I referenced earlier, but I cant seem to locate the penalty for violating this FL "law." They are also attempting to collect on an alleged debt past the legal SOL. Link to comment Share on other sites More sharing options...
Determined1 Posted April 2, 2007 Author Report Share Posted April 2, 2007 *bump*Nascar?Anyone?Anyone?Bueller? Link to comment Share on other sites More sharing options...
nascar Posted April 2, 2007 Report Share Posted April 2, 2007 I believe by updating my credit reports on this alleged debt they attempted debt collection in violation of the FDPCA. There is a chance in some jurisdictions that my acknowledge a weak tie between collecting a debt and reporting to a CRA, but, IMO, not good enought to sue upon. The accuracy of the report could evolve in to a FCRA claim, though. The FTC letter about reporting being equal to collecting is nice, but hardly worth the paper its written on. I also believe they opened themselves up to the state statute I referenced earlier, but I cant seem to locate the penalty for violating this FL "law."I'm sure they would quickly point that out, too. They are also attempting to collect on an alleged debt past the legal SOL. That's an affirmative defense if you are sued, but it's a cause of action in only a few jurisdictions. I'm not looking at 559 right now, but I don't think that's the case in CA-friendly Florida.So, is the information being provided to the CRA correct, or are there errors? Link to comment Share on other sites More sharing options...
divemedic Posted April 2, 2007 Report Share Posted April 2, 2007 I do not think FL is CA friendly, but FL is not exactly consumer friendly, either. If your DV was not timely, they do not have to cease collection activity. You will have to find other violations.Now, if the CA does choose to validate, it must not be false or misleading, but if they do not respond at all, there is not much you can do about that. Link to comment Share on other sites More sharing options...
Determined1 Posted April 2, 2007 Author Report Share Posted April 2, 2007 Thanks for the advice Dive and Nascar. The major error here is I really cannot locate any debt with Pacific Bell that they are trying to collect on.In trying to backtrack this, Pacbell was sold to SBC Communications, who was sold to ATT. I cant contact the first 2 companies because they no longer exist, and ATT has no record of the accounts (2) in question.The CA wont send me any info to validate or prove the debt is real.I was thinking filing a suit might just cause them to delete from the CRA's, but I dont want to file if I dont have a legitimate legal complaint. Themain error I saw was their updating on my reports....and I think they cant prove the debt they are trying to collect on is real. Link to comment Share on other sites More sharing options...
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