kolene_d Posted July 10, 2007 Report Share Posted July 10, 2007 Hi People! This Is My First Posting So Let Me Start By Saying Thanks!! I Have Tons Of Questions But I Wil Start With One I Have Been Working On For A While. I Have Been Receiving A 'bill' From Credit Solutions Corp. For A Nearly Seven Year Old At&t Wireless Account. Credit Sol's Purchased It From Palisades Who Of Course Got From At&t. My Question Is They Already Stated To Me That They Don't Have The Original Bill From At&t (told Me To Contact At&t- Yeah Right!). I Wrote 2 Cease And Desist Letters One To Their Esquire Telling To Stop All Collection Activity Including But Not Limited To Negative Reporting, Refer All Debt Back To Original Debtor Unless They Can Prove In Writng That I Owe Have Ever Done Business With Them And That I Don't Want Their Business. I Haven't Heard From Them Sense The Second Letter. However My Question Is I Disputed The Bill With All 3 Bureaus' Well After The Letters And It Is Still Showing Up, Is That Legal? Can Credit Solutions Still Report Anything ? Thanks. Kolene Link to comment Share on other sites More sharing options...
IHateCAs Posted July 10, 2007 Report Share Posted July 10, 2007 The Answer I Am About To Give You Is The Reason Why I Think DV Is Better Than C&D On OOS Debt.C&D Only Forces Them To Cease Communication With You Personally.DV Forces Them TO Cease All Collection Activity.Reporting To Your CR Is Not Direct Communication.Reporting To Your CR Is Collection Activity.So To Answer Your Question... Yes They Can Continue To Report Up To The Federal Time Limit. Link to comment Share on other sites More sharing options...
kolene_d Posted July 10, 2007 Author Report Share Posted July 10, 2007 Uh You Lost Me With The 'jargon'. I Don't Know What Dv Or Oos Means! Sorry Please Explain. I Did Write To Stop All Collection Activity Including Negative Reporting So I Am Really Confused! Thanks. Kolene Link to comment Share on other sites More sharing options...
justincase Posted July 10, 2007 Report Share Posted July 10, 2007 I Wrote 2 Cease And Desist Letters One To Their Esquire Telling To Stop All Collection Activity Including But Not Limited To Negative ReportingI think he requested that all collection activity cease as well. I'm confused as to the second part about not limiited to negative reporting, correct me if I'm wrong IHateCAs, But I think he shot hisself in the foot.Reporting To Your CR Is Not Direct CommunicationFirst, reporting an alleged debt by a debt collector to a consumer reporting agency is a “communication” in connection with the collection of a debt and gives rise to a violation of 15 U.S.C. 1692e[, of the FDCPA. Sullivan v. Equifax, 2002 WestLaw 799856 [u.S.D.C. E.D. Pa. 2002]. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 10, 2007 Report Share Posted July 10, 2007 First, reporting an alleged debt by a debt collector to a consumer reporting agency is a “communication” in connection with the collection of a debt and gives rise to a violation of 15 U.S.C. 1692e[, of the FDCPA. Sullivan v. Equifax, 2002 WestLaw 799856 [u.S.D.C. E.D. Pa. 2002].This is only the case with a TIMELY DV. If it's untimely, they can report all they want. OP, just b/c the bill is outside of the SOL doesn't mean they can't report it. They can report up to the federal time limit. Link to comment Share on other sites More sharing options...
kolene_d Posted July 10, 2007 Author Report Share Posted July 10, 2007 So The Answer Is........? I Am Correct That My Letter To Stop All Communication Including Negative Reporting Etc, Etc Was In Fact Right? They Have Violated The Law By Continuing To Report? If I Am Right, What Is My Course Of Action Now? How Do I Get It Deleted And Make Them Bite Their Tongues Off!!!! I Am A Lil' Bitter If You Can't Tell!!!! Thanks Kolene Link to comment Share on other sites More sharing options...
kolene_d Posted July 10, 2007 Author Report Share Posted July 10, 2007 Um Once Again What Is A Dv And Op? I Don't Know The Jargon Yet--- Newbie Remember? Thanks Link to comment Share on other sites More sharing options...
Master Debator Posted July 10, 2007 Report Share Posted July 10, 2007 Um Once Again What Is A Dv And Op? I Don't Know The Jargon Yet--- Newbie Remember? ThanksOP = Original Poster (that's YOU)DV = Debt Validation LetterSo The Answer Is........? I Am Correct That My Letter To Stop All Communication Including Negative Reporting Etc, Etc Was In Fact Right? They Have Violated The Law By Continuing To Report? If I Am Right, What Is My Course Of Action Now? How Do I Get It Deleted And Make Them Bite Their Tongues Off!!!! I Am A Lil' Bitter If You Can't Tell!!!! Thanks KoleneWas the DV timely?, if it was you are right and they should not be reporting the negative info, if it was not then they can report the negative infoI am assuming it was not timely from your posttimely = sent to them within 30 days of their first attempt to contact you Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 10, 2007 Report Share Posted July 10, 2007 So The Answer Is........? I Am Correct That My Letter To Stop All Communication Including Negative Reporting Etc, Etc Was In Fact Right? They Have Violated The Law By Continuing To Report? If I Am Right, What Is My Course Of Action Now? How Do I Get It Deleted And Make Them Bite Their Tongues Off!!!! I Am A Lil' Bitter If You Can't Tell!!!! Thanks KoleneYou are not right. DV = Debt Validation. When a collector contacts you for the first time they are required to tell you that you have 30 days to dispute the collection. If you send a notice to them within those 30 days saying you dispute the collection, they must provide validation or cease collection INCLUDING reporting. If you never responded within the 30 days, they do not have to stop collection efforts including reporting to the CR. YOu should call the credit reporting agencies and find out what they are reporting for when it will drop off. If it is not scheduled to drop off at the 7.5 year mark established by your deliquency with AT&T then they are in violation. So far, they are NOT in violation. Link to comment Share on other sites More sharing options...
justincase Posted July 10, 2007 Report Share Posted July 10, 2007 She still hasn't told us if she DV'd Credit Solutions Corp. timley. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 10, 2007 Report Share Posted July 10, 2007 She still hasn't told us if she DV'd Credit Solutions Corp. timley.Yeah, my guess is that it is not and her only hopes of any violations is if they re-aged it. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 10, 2007 Report Share Posted July 10, 2007 First, reporting an alleged debt by a debt collector to a consumer reporting agency is a “communication” in connection with the collection of a debt and gives rise to a violation of 15 U.S.C. 1692e[, of the FDCPA. Sullivan v. Equifax, 2002 WestLaw 799856 [u.S.D.C. E.D. Pa. 2002].Reporting To The CR Is A Communication But Not A Communication With The Consumer (Defined In the FDCPA Cease Comm Section). It Is A Communication With A CRA. Link to comment Share on other sites More sharing options...
rmiller0410 Posted July 10, 2007 Report Share Posted July 10, 2007 Ok i know you have 30 days to dispute a debt after the initial contact.But what if you were never contacted. And on several of my accounts it says can not locate individual.So if i send them a dv letter would they have to validate?And would they be able to continue reporting the accounts? Link to comment Share on other sites More sharing options...
nascar Posted July 10, 2007 Report Share Posted July 10, 2007 Am Correct That My Letter To Stop All Communication Including Negative Reporting Etc, Etc Was In Fact Right? No, that's not right. A C&D request does not include any requirement to remove negative data from your credit report. Link to comment Share on other sites More sharing options...
LadynRed Posted July 10, 2007 Report Share Posted July 10, 2007 Kolene, I would suggest you do some reading:http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=247970Also here: http://debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=187 Link to comment Share on other sites More sharing options...
justincase Posted July 11, 2007 Report Share Posted July 11, 2007 Reporting To The CR Is A Communication But Not A Communication With The Consumer (Defined In the FDCPA Cease Comm Section). It Is A Communication With A CRA.Thanx! Didn't see it that way. Learning somthing everyday. Link to comment Share on other sites More sharing options...
divemedic Posted July 11, 2007 Report Share Posted July 11, 2007 Please do not capitalize every word in every sentence you type, it makes the sentence hard to read. I didn't even read your posts because of that. Link to comment Share on other sites More sharing options...
kolene_d Posted July 11, 2007 Author Report Share Posted July 11, 2007 thanks for all the replies!!!oh and the jargon translation- muchos gracias!!! i discovered the 'debt' when i pulled my credit report. the credit report stated that they couldn't find me. so i disputed it, then they contacted me after it was verified. i asked for validation (over phone-mistake). the lady told me they don't have original bill/debt from at&t, i need to get. uh, no. so then i sent out my 1st c&d letter. still calls and esquire letter. then my second letter and i have heard nothing. however i again disputed the bill and they still reported it, strangely though it is now 1,000 less than before. so now what? thanks Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 11, 2007 Report Share Posted July 11, 2007 If they say they couldn't find you before, I would think that their first indirect communication with you was when you discovered it on your CR. Was the address on your credit report correct? Personally, I would treat this as if you are disputing this timely and I would expect them to validate or delete. I would send them a DV and tell them that they never notified you except indirectly by reporting and that they had better validate the debt since they are already in violation. I would complain to the FTC, BBB and AG (most of the time you can do it online) and try to get some heat on them. After that... I would sue.. LOL goodluck. Link to comment Share on other sites More sharing options...
kolene_d Posted July 11, 2007 Author Report Share Posted July 11, 2007 thanks all. i will do some reading and sorry about the capitals!!!! hey i am catching up on the jargon i actually knew what FTC, BBB, & AG meant!!!!! with the DV letter am i correct that they do have to show me a copy from the original debtor? my original signature? what exactly do they have to validate? thanks kolene Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 11, 2007 Report Share Posted July 11, 2007 thanks all. i will do some reading and sorry about the capitals!!!! hey i am catching up on the jargon i actually knew what FTC, BBB, & AG meant!!!!! with the DV letter am i correct that they do have to show me a copy from the original debtor? my original signature? what exactly do they have to validate? thanks koleneA lot of people think that they have to have a copy of the original contract and signature. This is not true. They have to have enough information to prove that you owe the debt and that's it. If they have copies of statements from the OC then you will likely owe the debt. If they simple have an affidavit of account statement, that's probably not enough to proof. Link to comment Share on other sites More sharing options...
kolene_d Posted July 11, 2007 Author Report Share Posted July 11, 2007 i definately did think that. the debt was sold twice and it is nearly 7 yrs old what do you think the chances are? as far as re-aging that means that the DOL should reflect nearly 7 yrs ago right? they are showing their DOL as nov. 06 when they placed it on my CR and keep in mind that it states unable to find me- untrue. so how do i proceed? thanks Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 11, 2007 Report Share Posted July 11, 2007 i definately did think that. the debt was sold twice and it is nearly 7 yrs old what do you think the chances are? as far as re-aging that means that the DOL should reflect nearly 7 yrs ago right? they are showing their DOL as nov. 06 when they placed it on my CR and keep in mind that it states unable to find me- untrue. so how do i proceed? thanks koleneI would suggest removing your name from that last post. There is no law that says you have to have a signature to have a binding agreement, oral contracts are a perfect example as well as utilities. Now if it's been sold a few times, the chances that they have the proof to validate the claim are slim. CA's do this all the time and lots of them refuse to delete even knowing they have no valid claim. In these cases, that's where lawsuits come in handy. If they haven't proved anything to you, IMO, I would get them on as many violations as possible then sue them in small claims. That will get their attention. Link to comment Share on other sites More sharing options...
kolene_d Posted July 12, 2007 Author Report Share Posted July 12, 2007 thank you once again! it is gone!!!!! i really don't owe the bill. i paid a at&t bill in march so this one is erroneous. Link to comment Share on other sites More sharing options...
divemedic Posted July 12, 2007 Report Share Posted July 12, 2007 not like it matters, the name is in the quote, and is your screen name. Link to comment Share on other sites More sharing options...
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