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Hi fellow victims! :D

I just sent out my 2nd DV request & I have some questions.

I had never received any of the bills my hospital sent to collections, I have

insurance, so when I was contacted by the CA in '06I thought it was a misunderstanding. Therefore when they didn't reply to my registered letter, asking them for an accounting statement I thought the matter closed. (Yeah, I was nieve.):oops:

Now that I've become aware due to the bad credit report, I sent another DV.

Q: It has been over a year. Is it too late to file a FDCPA complaint under Section 809. Validation of debts [15 USC 1692g]?

Many thanks in advance!

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Welcome HadEnough. :)++

I hate to be the bearer of bad news but, unfortunately, if it's been over a year, you're SOL on the violation. That's okay, I'm quite sure the CA will find ways to give you new violations though. So, all is not lost. Just give them time and they'll violate. Good luck.

(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
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Actually, if your first DV was timely, you may still be good.

The CA is required to cease collection on receipt of a timely DV. They never send valildation. You then find the TL a year later. If the "reported on" date is after they got the DV, that is an all new violation for which you have a year to sue. If you dispute the TL and they verify, you have an all new violation to sue.

Since each of these events in an all new violation, the 1 year clock runs on each of them.

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for the welcome, DiveMedic and Madlinks.

Concerning the TL, I will take a look at that part of my documentation and see if there's some ammo there.

But I have to await the replys/non-replys from the OC (who's equally culpable, IMO) and the CA before taking further action. Perhaps the CA will

take a shot at getting a judgement.

(debt's only $3-400., I won't know till I see the accounting.)

According to the OC, $188. of the amount is my wifes!

Not mine. I wonder if this is a violation of fair credit reporting - ?:confused: Once again, I have to see the actual documents.

I'm so angry ; I'm restraining myself from spendin money on an attorney to ask these questions. If I can pin them down on clear cut violations ...- :smile:

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  • 3 weeks later...

they simply sent the (same) demand letter and no backup.

These clowns switched one of the bills they're collecting to my wife's TL! (We just received notice from Credit Alert)

But the total they're demanding from me didn't change.

In the meantime, I obtained 'all' my record from the hospital (a HPIAA demand letter) and all these bills appear to be bogus.

In fact, it appears that we actually overpaid the hospital & they owe us! I am in the process of confirm with Blue Cross that the OC didn't bill them prior to sending us to the CA. (There may be bigger lawsuit potential, here?)

QUOTE=divemedic]Actually, if your first DV was timely, you may still be good.

The CA is required to cease collection on receipt of a timely DV. They never send valildation. You then find the TL a year later. If the "reported on" date is after they got the DV, that is an all new violation for which you have a year to sue. If you dispute the TL and they verify, you have an all new violation to sue.

Since each of these events in an all new violation, the 1 year clock runs on each of them.

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if the o.c. is a corporation and u sue them in court, regardless of whether or not it is small claims or superior...they have to have an attorney represent them...

also ur case will most likely be heard by a pro-tem if ur in small claims

pro-tem= unpaid volunteer attorney which ='s head in a$$

dont go to small claims,go to superior..u'll get a real judge

in my not too humble opinion..

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for the advice!

BINGO!!..cali judgements against individuals are virtually uncollectable but against business's , its a whole different ballgame due to the overregulation of every industry..there are ways to collect from biz..

Another thing about the small claims venue is, that you can bring in irrefutable proof of violations plus copies of the statutes & case law and the judge/admin can disregard it all with impunity - after all, he's not supposed to be an expert! :roll:

My course will hinge around the validity of the evidence that I obtained from the OC. If as I believe, I can prove gross misshandling and damage then I'll retain the most competant council I can afford, and sue their a** off in superior cout. Their accounting paperwork is completely amiss. And I only got it via a very strongly worded HPIAA demand. And I won't accept mediation that compromises my position a bit! And at the same time, I'll persue the CA in small claims. (They'll have to drive 3 hours 1 way just to make their count date!) And even if they win, the OC will tell them to remove the TL! :lol:

I've reached the point where I no longer care doing this cheaply. I want to inflict the most damage possible - gloves off! I'm seeking council! They'll rue the day!

xxHellxx

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I have a question instead of a reply and maybe someone can help me with this. I have a court hearing for a summons on a credit card this week. My question is that I have found out that 4 CA have this account and I didn't know about DVing before all this happened, just found this site. When I go to court do I plead not quilty (even though I know it is my credit card but disagree with the CA ownership of the debt and the amount they are requesting). Or do I just tell the Judge to make him validate that they own it now? Ignorant in all this----please someone help!!! Do I sent out the form DV letter that this site has anyway?

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I have a question instead of a reply and maybe someone can help me with this. I have a court hearing for a summons on a credit card this week. My question is that I have found out that 4 CA have this account and I didn't know about DVing before all this happened, just found this site. When I go to court do I plead not quilty (even though I know it is my credit card but disagree with the CA ownership of the debt and the amount they are requesting). Or do I just tell the Judge to make him validate that they own it now? Ignorant in all this----please someone help!!! Do I sent out the form DV letter that this site has anyway?

You might want to start a new thread for this. It will attract more attention than this old one. And in the lawsuit section. Just a suggestion.

Or do I just tell the Judge to make him validate that they own it now? Ignorant in all this----please someone help!!! Do I sent out the form DV letter that this site has anyway?

'He' will undoubtedly be prepared to prove he's due the amount he's suing for.

This 'evidence' will certainly be the same as any documents required to 'validate' the debt you'd get.

If 'he's' (I assume it's tha CA and not the OCT sueing?) broken rules concerning credit card collections, that might be your defence. It might be

grounds for a countersuit you could threaten which would cause him to want to settle out of court.

There seems to be huge amounts of statutes written spcfically for credit card debt, Federally and Locally. You should be looking at these.

Just some observations from another newbie. Good Luck!

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Thanks for the response, my problem is that I have 3 differnet companies claiming on the same credit card and when I called the credit card company today that gave me a completely different name that is supposed to be handling this. So do I tell that to the judge, do I admit that I owe that money but maybe not to this guy. Do you think he WILL have proof that it is right when the oc says he is not the holder of the account or at least the person they assigned. ( they assigned ERskine in 11/2006)

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Thanks for the response, my problem is that I have 3 differnet companies claiming on the same credit card and when I called the credit card company today that gave me a completely different name that is supposed to be handling this. So do I tell that to the judge, do I admit that I owe that money but maybe not to this guy.

I have no idea. You need some advice from a knowlegable person. There may be some specific rules about the exact scenario you describe. You need to research the Federal and local rules regarding credit card debt.

Do you think he WILL have proof that it is right when the oc says he is not the holder of the account or at least the person they assigned. ( they assigned ERskine in 11/2006

My personal opinion is that wouldn't have filed suit unless he thinks that he can convince the judge.

On the other hand, he may be required to prove that he has the right to represent the OC if you were to challenge that. Did the CA follow correct collection procedure with your debt? If not, I'd certainly use that as a defence as to why he was not entitled to a judgement.

There are certainly legal aid orgs. in your area which can help. They would assist you to format your defence, based on you research on the rules and your factual evidence.

Outside of those and lawyers, unfortunately you'll likely have a hard time finding someone who can give you a definative answer to your questions referencing specific laws .

(Please keep in mind that I only have a few weeks on you researching this subject. And although I think my advice is based on common sense, you should take it more as encouragement. It's kinda like 'the blind leading the blind' ;) )

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Just because you owe money doesn't mean they necessarily have the right

to collect it in the manner they're doing.

And if he's broken the rules, that could certainly be a reason to invalidate his

authority to do so.

If he's unfairly persued the debt, you could turn the tables on him in court and get the judge to grant you favorable terms for payback including even a deletion of the TL. (If you thinks he's sympathising, it won't hurt to ask.)

If you havn't prepared your case, don't know the rules, don't have written notes with times and dates, at the very minimum. You will not get credability or sympathy from the judge. Just the opposite.

That much I can assure you. From personal experience.

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Thanks for the advice. I do have some things which I may present because the original ca was GE Money Bank that we made arrangements with and paid for six months ( with the impression that after six months I would be up to date with my credit card) then on the seventh month instead of a bill from our oc we got another ca Allied asking for the same thing and six months after that another one from a different ca. Now it seems to have gone to this lawyer representing the original ca for the money ERSKine & Fleischer. Naturally the fees are almost $500 more than the original debt now. What happened to all those payments we made back in the first six months of our indebtedness to them???? I quess that money just went out the window.

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Thanks for the advice. I do have some things which I may present because the original ca was GE Money Bank that we made arrangements with and paid for six months ( with the impression that after six months I would be up to date with my credit card) then on the seventh month instead of a bill from our oc we got another ca Allied asking for the same thing and six months after that another one from a different ca.

You were making ($500.) payents, and then stopped?

Now it seems to have gone to this lawyer representing the original ca for the money ERSKine & Fleischer. Naturally the fees are almost $500 more than the original debt now.

So plus the the $500. you paid, they're demanding now $1000. over the amount you actually owe????

Take a look at the a Federal finding about debt collections. This is from the

validations link at the top of this menu.

http://caselaw.lp.findlaw.com/data2/circs/7th/034108p.pdf (you may have to register with the website to down load it.)

The judgement contains the statement that, the accounting/validations 'needs to be understandable by an unsophisticated consumer' about 5 times and further, grants the case on behalf of the consumer with a statement to the effect that, 'the letters from the CA could concievably misslead a consumer' since they weren't understandable. (You need to read this yourself.)

My local Ca. credit regulations are even more clear to this effect.

Obviously, they're intentionally confusing you. You should be able to prove it. You'll get an idea how to do this from this ruling.

What happened to all those payments we made back in the first six months of our indebtedness to them???? I quess that money just went out the window

What happened was, that you acted in good faith and were expecting them to also be. You expected that they would intelligently explain themselves and

help you arrange payments. Instead, they acted unscrupulously to maximize their own profits - they think they 'found a sucker.'

Read that case, you'll like it.

I would mention, that the credit card agreement you signed will also come into the matter.

BTW, a lawyer just told me to sue both the OC and CA in the same small claims suit. It's not enough money for superior court. I will probably do that but first, I will pay a lawyer an hour's worth of time to prep me. (But not that one 'cause I know I wuoldn't get along with him!

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Thanks so much that site was very helpful and I printed out the info to take it with me on Friday to court. (so I can memorize it before I go in to see the judge) I hope this judge is a little sympathetic with me and as knowledgeable as you are in this matter. I am certainly going to use this info for my case and hope that he is familiar with those findings. I definitely think I was too easy and lacked the knowledge to fight with, but everyone here is helping so much that I am not as frightened about Friday as I was before. Thanks Again

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