Unifund Late Providing Validation

[Fizzle1979]

I mailed them a DV letter on 02/16/07 and they recieved on 02/23/07. No response by 03/26/07, which in my mind is 30 days from the date of receipt on 02/23/07. So I mailed them on 03/27/07, naming various FCRA and FDCPA violations. Today (03/30/07) I get in the mail, their response dated 03/27/07 to my original letter they received on 02/23/07. Their response does have the required documentation, various billing statements and the total owed now....about 2k in interest charges I suppose. But they did not provide me as to how they came to the new amount owed. However that aside...

The TL was originally being reported as 5K in debt and that I filed for bankruptcy. After I disputed with the CRA, they changed the amount owed to $0...but still claimed I filed bankruptcy...which I have never done.

They did not provide me with a response in the required 30 days. And are still reporting I filed bankruptcy....Any advice?

[retmar]

Do realize the CA does not have to respond to your DV within 30 days. No where does it say they must. They can never respond and be within the statutes. BUT, what they must do is as follows:

1. Upon receipt of your DV, cease all activity until debt is proven. Yes, some just sue anyway without responding. If this occurs, you cite FDCPA 809© in court, which will cause them to have to show proof of debt, before asking for relief. This can also be included in a Defendant's Claim which you would file with your answer.

2. Notify all CRA's they report to that this debt is disputed. Do realize that this must be within a "reasonable" time frame, and the accepted norm is on their next reporting day. An example is if they report on the 22nd of each month and receive your DV on the 23rd, they can wait until the next 22nd. There have been some who did not notice the dispute added to the TL until upwards of 90 days.

Many times a CRA will change the amount to a zero if the OC/CA does not respond, or, they will delete the TL. On yours it may be due to the BK notation.

As to the BK notation, you will need to dispute with the CRA that you never filed BK. If this is only on the disputed TL, you would have to dispute with the OC/CA reporting.

Regarding your comment about how they arrived at that amount, normally it will be displayed in a normal written communication as some CA's will do. Look over all you have received just in case you missed it. Otherwise, pore through what they sent to see if they computed this somewhere. If not, send them another letter demanding this as they have to be able to prove all is correct, and, since you included it in your DV, they should honor it.

To add, what you will most often do if you receive no response from your DV within 35 days of their receipt, you send them a second DV reminding of first, and include copies of DV, and green card. Again, they are not in violation for not responding within 30 days. Also, since you got a response now, the TL, if dispute was added, will more than likely be back to showing as before. Thus, hard to prove if they did or did not within a "reasonable" period.

[Fizzle1979]

Thanks for the information. But if I never filed BK...and they are reporting to the CRA I was...I disputed with the CRA and the confirmed this. Can't I used that in my favor?

[nascar]

They did not provide me with a response in the required 30 days.

There is no 30 day requirement for a CA or JDB to respond to a DV.

[retmar]

As I said above, if the CA working this account is the one reporting the BK, you must go after them. The easiest way is to generate a new letter that demands they prove or delete the BK notation. In the same letter, include as to your not receiving how they arrived at the claimed amount. Remember, your goal here is to create an edge so when it is time to settle debt, you will be in a position to have them accept your offer without arguement.

Look at it this way. You can find multipe violations and file on them, but, no matter how many you find and can prove, punitive damages are only "up to $1000", unless your state allows more, as all will be treated as one in your claim. Since most CA's budget dollars each year for their "errors", the only way you can hurt them is by catching them and using to your advantage. Remember, your time is money just as it is theirs. And, since most violators are JDB's, who buy for pennies on the dollar, if they get paid too many debts at the same, or near amount, as they paid, guess who wins in the end. To include, when you also file complaints with the AG or FTC and action is taken, they must rely on their legal counsel, which costs them money.

[Fizzle1979]

Retmar -

First off...thanks for the advice. But of course I have another question.

I have not sent the letter you suggested about making them prove I filed BK. Which I never filed BK, so they will not be able to prove that. They have reported to the CRA several months after I disputed it to the CRA that I've filed BK 7, 11 or 13. I intend to write a the letter this afternoon.

That aside...how long does the "consumer disputes" comment stay on my CR? Which they never reported to the CRA that I disputed...from what I can tell. I'm think I read the dispute stays on there until the CA provides documentation to the consumer? And yes they provided documentation that the debt is mine, but they did not prove I filed BK. So would the CA be allowed to remove the consumer disputes comment?

[Fizzle1979]

If Unifund is not reporting my DOLP on my EQ CR how will I know when my seven years is up?

[Fizzle1979]

Does anyone think it would be ok to ask UNIFUND for $4,000 as payment for the violations they have made?

[Fizzle1979]

If UNIFUND provided me with a few statements generated by the OC back in 2001. But they never provided me with any information that they own this debt? In their response to my request for validation of debt they said I owed X amount and with interest charges the new amount is XX. They never provided me a list of how they came up with these charges. They also never provided me with a contract that says they own the debt.

Does the credit card statement they provided act as a contract that they own the debt?

By them telling me "The total amount due in order to satisfy this account is XX." Is that considered collection activity?

[Fizzle1979]

This is the letter I am planning to send to Unifund. Does anyone have any suggestions for something I might have left out? Or something else I should include? I copied and changed to fit my situation.

Wednesday, April 11, 2007

Unifund

10625 Techwoods Circle

Cincinnati, OH 45242

Attention: Validation - Cherylb

Reference: XXXXXXXXXXXXXXXX / Providian National Bank

Dear Sir or Madam:

I’m writing you to let you know I am now in receipt of the signed card from the certified letter (article number XXXX XXXX XXXX XXXX XXXX) I sent you outlining the various violations you have made regarding reporting of an account to the credit bureau.

If you did not already know, Texas law requires you to update my file with the credit reporting agencies showing the account as disputed within five days of you receiving my written dispute. I watched my report daily and yet you failed to provide this information. Since EMPLOYEE signed the certified return receipt requested card on March 30, 2007 that meant, I looked forward to seeing my file removed at the latest Friday, April 5, 2007. It is now Wednesday, April 11, 2007 and you failed to update that information or the remove the account altogether.

I have requested that you remove an account that you are reporting incorrectly on my Equifax credit report. I have also requested you provide me with documentation to support your claim that I have filed bankruptcy chapter 7. I have made several requests for this information and it has not been provided to me. You have not provided me with documentation that you own this debt. Basically, you have ignored my every request for information.

You will have only three calendar days to respond to this letter after signing for it. I would suggest you use a mail service that guarantees one day service. That response should be that you have contacted the three major credit bureaus and are deleting this account from my credit report and you have enclosed of copy of the letter you sent to the three major credit bureaus. On the fourth calendar date after signing for this letter and you failed to provide the above mentioned response, I will accept the payment of $5,000.00 US Dollars for the willful non compliance violations of the Fair Credit Reporting Act and the Fair Debt Collections Practices Act. I think $5,000.00 is more than fair for the violations I have documented. On the seventh calendar day after signing for this letter and you have not provided me with the removal of the account from my credit report or the requested $5,000.00 US Dollars for willful non compliance violations, I will file suit. You may think I have no intention of filing suit but I assure you I am merely providing additional documentation for any judge to see I gave you plenty of chances to correct your willful noncompliance violations and you failed.

The fact of the matter is that I watched you like a hawk making documentation of the numerous willful non compliance violations by UNIFUND and will now use this information to take you to court. I guess I am just amazed by the fact that you chose to take the least profitable course of action. But I am guessing you expected that I was like many other Americans and not aware that I would be educated enough to ensure my rights where protected by the various laws.

Please be aware that this is my last attempt to resolve this matter before I file suit.

Your prompt attention in this matter is greatly appreciated.

[retmar]

Works for me!

[Fizzle1979]

Found the president of Unifund Group Corp. His name is David G. Rosenberg phone number 513-489-8877 or email at mrdgr@redconnect.net should anyone do a search for it at a later date.

[Fizzle1979]

I'm having an extremely hard time finding a justice of the peace for Hamilton County in Cincinnati, Ohio. I need their name, address and phone number. I need to find this information out so I can file suit. Any help here?

I called up my local county court and they said I would need this information so they could have the Justice Of The Peace in Hamilton County serve Unifund papers.

[retmar]

Call Hamilton County's office and inquire. Or, call your AG and see if they have the info.

[IHateCAs]

I don't think you have a valid claim for $5000 in damages, but good luck.

[retmar]

Remember IHateCAs, you can ask for all you want because the court is going to have the final say. And, on occasion, a judge has allowed more than claimed as the plaintiff did not "ask" for a certain "violation". What I mean is if the plaintiff only asked for punitive, and the judge found actual, you win more. I threatened a CA with a $150,000 suit knowing I might only get the $1000 at most. Why not? Just like they play on words and threats, who says we can't play the same game.

[Fizzle1979]

I'm really trying to get all the information (more like dirt) I can on Unifund. I noticed the address on the company envelope itself (I still have it) is listed as:

10625 Techwoods Circle

I also looked at their web site and it says the same address as listed on their company envelope.

On my credit report it is listed as:

10625 Techwood Circle

So I did a yahoo search in their city and state for the 10625 Techwoods Circle address and no such street exists. I've sent mail to both addresses and they have been received.

Would this be considered misrepresentation of a debt?

Current Fako's - EQ - 682 (Two Baddies), EX 715 (No Baddies), TU 628 (One Baddy)

[Fizzle1979]

I also filed a complaint with the BBB, FTC & AG.

On the BBB website is shows Unifund as a member and it stats

Unifund

10625 Techwood Circle

Cincinnati, OH 42353

[Fizzle1979]

Unifund signed for the letter on 04/16/07. They have responded to me yet. I think I'm going down tomorrow the the court and file. Before I did I wanted to get a few opinions on calling Unifund. Should I try to call them tomorrow before I file suit and give them once LAST chance?

[retmar]

No, do not call them.

I hope you dotted all i's and crossed all t's. If it was me, I would sit down and reread your whole claim, and double check your evidence. Then, if you feel comfortable with your claim, go for it. Just remember they will fight you tooth and nail.

As to your comment about the address, go to yours or theirs county courthouse or wherever the building department is and ask them about the location. Remember, many times an address or street may be new and the "sites" may not have the updated info yet.

[Recovering Attorney]

you said the TL shows as "consumer disputed" So, they may have done what you asked them to do.

You need to put the burden on them, moreso than by any of the template letters you see here. Write the CRA and CA, explain teh BK notation, say " I DISPUTE" this info as I never went BK. This information is in\accurate and harmful and must be removed." Tell them to give you the source of the info they used to verify the BK so you can set that source straight. Remind them that marking your dispute is not enough now, and that is your second attempt to correct it. Send a copy to your AG and the FTC

[Fizzle1979]

RA - I feel I've already done what you suggested once...but I'll do it again.

Retmar - Thanks for your help.

[retmar]

Even though you may have sent this before, do as "Recovering" says. Remember, you are building your proof of correcting inaccurate information.

To add, if I'm not mistaken, I think the BK info comes from public records. But, who is to say someone at the CRA input the wrong info from a CA.

[Fizzle1979]

Retmar - I'll send another letter today. And there is no information whater so ever under the "public data" section of any of my credit reports. So yah I don't know why the EQ people are allowing Unifund to put this in my trade line. Like I said before they were originally reporting Included in Bankruptcy Chapter 7, 11 or 12. How can THAT be accurate...they just guessed. It's just PITA.

[retmar]

A big one at that. Just be sure and stress the fact of the BK notation and how it is inaccurate and they are liable to you if they do not delete. In fact, demand a total deletion of the TL, or be sued. Don't play with them anymore. You had already given them a chance to correct the error previously and they verified as true.