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Trauner, Cohen, and Thomas, LLP violations


secondchances
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Original Creditor - Capital One

So far I have disputed this account with every collector that hase sent me a letter. What seems to happen when I dispute is that it gets transferred to another collector. So I get their letter and sent my request for validation via UPS. Since they have gotten my letter, they have called my mother's home twice and pulled my Equifax credit report. My mother may have made the mistake of calling them back and saying that she never heard of me. But anyway, the debt is out of the 4 year GA SOL but not out of the 6 year; 4/02 would have been around the last time a payment was made.

So do I have them on 4 violations? Lisa Wright out of GA is hot for these guys. I've contacted her about several things past but when I emailed her about this one, she responded right back and wanted to meet. Should I use her or try this one on my own?

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Where are the violations?

Pulling a CR= no violation

Calling Relatives = no violation if you are 'out of contact'

Bouncing from one CA to the next= no violation

Just because its OOS doesn't mean that they cannot try to collect,

legally they can try to collect forever, the SOL just prevents

them from suing you.

However, it seems likely that the OC can't validate your debt, otherwise,

they would send that info to the CA. ......

That may be your target..... make the OC prove the validity in court?

also,

IIWYIW would read the Primer - link in my siggy... get the CA's on real violations if you can.

oh... and if Lisa Wright is a lawyer... of course she wants to meet....... to get your money!

Good Luck

:-)

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I thought that a collection agency has to cease all collection activity until they validate. Trying to contact me on the phone and pulling my credit report after they get my request for validation would be considered collection activity wouldn't it? Also I thought that simply trying to collect on a time barred debt is considered a violation. I DO need to read more but I would be willing to split the money with an attorney than to try and do it myself. if I screw up, I lose.

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I didnt even know these clowns were still in business.. they are the worst I can remember them (before I knew better) calling me.. telling me I was going to be arrested.. said they would send a sherriff over with the hour...and they were in my same town (they were not even in the same state).. they are by far the WORST collection agency I had ever seen in action .

At one point they even left a message saying I would go to jail by five PM that day if I did not call.. so I called.. they asked for banking info (even then I knew better).. my favorite part is I offered them a payment and she said "the laywers are sitting in the conference room waiting for your call.. let me see if they will accept it) RED FLAG.. LOL.. they are sitting around waiting for my call??? I don't think so GOMER.. of course they did NOT accept my payment idea and when I wouldnt give them banking info that ended all form of communication.. they are horrid horrid people

Your lawyer is a good one MEET HER.. these are people that do not understand they have to follow the law Lisa has a WONDERFUL rep.. let her handle it you will be glad you did!!!!!. . trust her.. they are truely the bottom of the scum sucking barrell..

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I thought that a collection agency has to cease all collection activity until they validate.
only if you dipute it with a new CA ( or newly assigned CA) within the

first 30 days of initial contact, and yes a phone call could be considered 1st contact in certian situations.

If you are outside that 30 day 'window' they can ignore your request (and often do) and they can continue collection activity.

Also I thought that simply trying to collect on a time barred debt is considered a violation.
nope, it's only time barred to you getting sued, not them TRYING to collect.
I DO need to read more but I would be willing to split the money with an attorney than to try and do it myself
Read several books on the topic before contacting a lawyer. Otherwise you will be spending hundreds OR thousands of dollars to learn

what you could have learned in a $30 book.

and split what money? so far, there is no violation so there is no money.

A laywer will charge you by the hour, not split the violation 'win' money anyway, -- why you ask? the wins are way way way to small.

:-)

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check this thread out

www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=271867&page=2

Trying to contact me on the phone and pulling my credit report after they get my request for validation would be considered collection activity wouldn't it?

Did you include a C&D? if not, there is no violation.

believe me if this is crap 1 they can validate...Most CAs they use simply go away when u DV rather than deal with the hassle--I guess Crap 1 doesnt give them enough of a cut. I have two crap 1 accounts now

who is lisa wright...I need to talk to her as well....I may need her assistance

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In their letter, they made mention twice that they MAY sue, that sheriff MAY come to my home. Is that a violation as well? I thought they couldn't mention a lawsuit or sheriff unless that is their intention?

Thanks for the advise on Lisa Wright. I've read alot of good things about her.

hiblues,

I got the intial letter and requested validation in the 30 days. The collection activity followed. In my opinion after reading around here, it is considered continued collection activity. But my opinion I have learned from experience, is not always the right one. That is why I ask. : )

My forte is definately not understanding the law.

Thanks for the responses! You guys rock!

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FDCPA Section 809. Validation of debts [15 USC 1692g]

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

It doesn't say that you have to tell them to cease and desist, that they automatically must do it until they validate.

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check this thread out

www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=271867&page=2

Did you include a C&D? if not, there is no violation.

believe me if this is crap 1 they can validate...Most CAs they use simply go away when u DV rather than deal with the hassle--I guess Crap 1 doesnt give them enough of a cut. I have two crap 1 accounts now

who is lisa wright...I need to talk to her as well....I may need her assistance

Call Lisa Wright these people DO not play by the rules. .there is a reason lisa is interested in this case you have NOTHING to lose by meeting her...

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  • 1 month later...
  • 3 months later...
Trauner, Cohen, and Thomas settled for $1000 for violations of the FDCPA, 15 U.S.C. 1692e, 1692e(10) and 1692g(B).

Now it is time to go after Asset... :)

Be careful you may not be allowed to mention this settlement amount.. I know when my suit was settled part of it was I could not disclose details or amounts.. so please check your paperwork

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In their letter, they made mention twice that they MAY sue, that sheriff MAY come to my home. Is that a violation as well? I thought they couldn't mention a lawsuit or sheriff unless that is their intention?

I got the intial letter and requested validation in the 30 days. The collection activity followed. In my opinion after reading around here, it is considered continued collection activity. But my opinion I have learned from experience, is not always the right one. That is why I ask. : )

They are off the hook since they used the word 'may' in their sentences regarding the lawsuit. There is case law to back that up. Now if they'd said 'immediate lawsuit' in a letter from six months or more back, then maybe you could get them on it.

Did you dispute this debt with the CRA at the same time you sent the DV? Did it come back as verified but they didn't send you the validation? Then that can be considered continued collection activity and there is also case law to back that up.

Simply reporting a TL on your CR when you didn't dispute it isn't a violation. You have to dispute during the DV period and they have to verify with the validation to you in order to begin to claim this.

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In addition, they are allowed a third party contact to attempt to locate you. It isn't a violation, now if they discussed the debt with her, then you might have something. Also, since you say she might have 'misinformed' them of knowing you, if they feel they were deceived in their initial communication with your mother, they are allowed to call again unless she specifically asked them NOT to call back during the initial call.

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FDCPA Section 809. Validation of debts [15 USC 1692g]

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

It doesn't say that you have to tell them to cease and desist, that they automatically must do it until they validate.

Cease and desist is a separate thing from what you are quoting here. Do you have proof that you sent the DV, a signature of receipt and are you certain that it was timely?

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I didn't see it anywhere in my paperwork. I have not received a check yet, Trauner accepted my offer and the judge signed off on it. I am waiting for the judge to sign off on attorney's fees and then I guess I'll get a check minus 40%?

Isn't all this a matter of public record anyway?

No, the settlement is not public record and its common practice for them to add a confidentiality clause (not them but any collector) so posting the info COULD make it null and void.. just be careful WAIT until you read your paperwork (I didnt know it until it showed up it mine ) and I was only allowed to disclose info to my accountant for tax purposes.. so be careful about who you tell what too until all the names are on the dotted line.

I realize thats hard to prove but why risk it?

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