NewLife4Me Posted November 13, 2007 Report Share Posted November 13, 2007 Hello, I received Pinnacle Financial 1st collection letter around 9-03-07. I then DV'd PINNACLE FINANCIAL CMRRR within my 30 days on 9-23-07. USPS shows signed and delivered 9-29-07. Well, 40 days later I still haven't got a response from them but they reported the account on my credit on 10-17-07 with Transunion and 10-01-07 Equifax ..So it goes like this:9-03-07- received 1st collection letter(this is attempt to collect debt bla bla bla)9-23-07- DV Collection Agency CMRRR9-29-07- Delivered and signed for by CA10-01-07- CA reported to Equifax10-17-07- CA reported to TransunionI was also wondering can they even list the account on my credit report before the 30 days is up to DV them??Letter was received by me on 9-04-07..Also the OC Ampd Mobile went bankrupt is is no longer around.. Should I DV OC..lolWhat should I do next? they haven't responded but reported the account on my credit report after I clearly asked them to cease and desist until they can verify the account. Are they in violation??? I did CMRRR and they did sign for it. What is my next step??? Link to comment Share on other sites More sharing options...
analog_kid Posted November 13, 2007 Report Share Posted November 13, 2007 The CA cannot report until after they have validated. To do anything other than validate or disappear is a violation. Link to comment Share on other sites More sharing options...
NewLife4Me Posted November 14, 2007 Author Report Share Posted November 14, 2007 1 violation racked up so far...! yahooo. I'm going for the double punch now. Doing my 2nd DV with CO and disputing with CRA at same time. Hopefully they will verify with CRA but ignore my letter again so I can get more violations out of them.. Then I will go in for the kill. Link to comment Share on other sites More sharing options...
ShortBus Posted November 14, 2007 Report Share Posted November 14, 2007 1. Is "Pinnacle Financial" a JDB or a CA? E.g., did they a) purchase your debt from the OC or did the OC hire them to strong arm you? If you don't know, check your credit report or attempt to research the baddie online. If , proceed to Step #2.2. Are you certain that they are named "Pinnacle Financial" and not "Pinnacle Recovery"? If yes, proceed to Step #3.3. Write them a letter pointedly telling them to FOAD, CCing the Office of the Michigan Attorney General. "Pinnacle Financial" is not a licensed CA in Michigan and is violating state law by trying to collect against you. Link to comment Share on other sites More sharing options...
NewLife4Me Posted November 14, 2007 Author Report Share Posted November 14, 2007 Okay on the collection letter it says that Pinnacle has been assigned to this agency for collection and yes they are Pinnacle Financial group.So do I press for a deletion???also there are suppose to be apart of the ACA International... Association of credit and collection professionals.. LOL what a joke.. They also have been sued 4 times. I'm going to research the cases Link to comment Share on other sites More sharing options...
NewLife4Me Posted November 14, 2007 Author Report Share Posted November 14, 2007 Do I really write "FOAD" in the letter?lol Link to comment Share on other sites More sharing options...
virtualrn Posted November 14, 2007 Report Share Posted November 14, 2007 Gotta say it S, love that Avatar! Link to comment Share on other sites More sharing options...
merkurfan Posted November 14, 2007 Report Share Posted November 14, 2007 Do I really write "FOAD" in the letter?lolI've been known to actually type that in a letter...I mean if you going nut case, go nut case right?in this case foad is not what I would be doing right now. it shuts off communication with you. you want to burry them in violations and force them to delete. it's much harder for them to violate if you FOAD them as they can't talk to you any more. however, they might just keep sending letters too. Link to comment Share on other sites More sharing options...
ShortBus Posted November 14, 2007 Report Share Posted November 14, 2007 Guess it depends on what you want to do. They're not a licensed CA in Michigan. If you inform them of this and tell them you've "referred the matter to the Michigan Attorney General's Office", you're likely to see your deletion posthaste. Case closed.However, you could string them along so you can tick up the violations and then sue, collecting $1000 per violation. It sounds like these guys are pretty sloppy, so you could probably pull it off. However, if you go this route, you have to go all the way. Don't threaten them with legal action unless you intend to follow-through.Me, personally, I'd just end it now. But I've also got a full-time, decent-paying job now. If I was still unemployed with barely two nickels to rub together, I might try to make a few bucks off their stupidity. Link to comment Share on other sites More sharing options...
NewLife4Me Posted November 14, 2007 Author Report Share Posted November 14, 2007 Hey thier seem to be some kind of exempt notice in the Michigan law..Their are not license but the law says they are exempt if their is "interstate communications". Meaning if their office isn't here they don't need a license...But either way they already violated by reporting to the CRA during my DV which they didn't respond to.I thought about just suing them for the $1000 ASAP.. How long is the process? Link to comment Share on other sites More sharing options...
Textoy Posted November 15, 2007 Report Share Posted November 15, 2007 Shortbus,However, you could string them along so you can tick up the violations and then sue, collecting $1000 per violation.My understanding is under FDCPA it's $1000 per action, not per violation. You can have say 6 violations in one lawsuit but you can only get $1000 total. If you look at other posts, you will see the $1000 per action often. Link to comment Share on other sites More sharing options...
NewLife4Me Posted November 15, 2007 Author Report Share Posted November 15, 2007 Still works for me Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 15, 2007 Report Share Posted November 15, 2007 Tex is right. 1k per action (PER LAWSUIT) with the FDCPA...1K per VIOLATION with FCRA I believe.....check state laws as well...my state for example has a Consumer Protection Act - 2K per VIOLATION. Link to comment Share on other sites More sharing options...
nascar Posted November 15, 2007 Report Share Posted November 15, 2007 1K per VIOLATION with FCRA I believe.....FCRA = $100.00 minimum/$1000.00 maximum - plus actual damages - per action for willful noncompliance.Damages for negligent noncompliance are limited to actual damages only. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 15, 2007 Report Share Posted November 15, 2007 thanks for the clarification on that Nascar...FCRA is not my strongest point. FDCPA and WA law is, as a CA will find out soon Link to comment Share on other sites More sharing options...
Textoy Posted November 15, 2007 Report Share Posted November 15, 2007 While most use small claims court for FDCPA violations, don't FCRA violations have to brought in federal court? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 15, 2007 Report Share Posted November 15, 2007 I believe "any court of competent jurisdiction" is the wording in the text Link to comment Share on other sites More sharing options...
NewLife4Me Posted November 15, 2007 Author Report Share Posted November 15, 2007 Tex is right. 1k per action (PER LAWSUIT) with the FDCPA...1K per VIOLATION with FCRA I believe.....check state laws as well...my state for example has a Consumer Protection Act - 2K per VIOLATION.newbie here. What is FDCPA and whats the difference? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 15, 2007 Report Share Posted November 15, 2007 FDCPA is the Colleciton agency rules - Fair Debt Collection Practices Act. FCRA is the Fair Credit Reporting Act. At the top of the page are links with FCRA and FDCPA posted...read them - your head will spin. Link to comment Share on other sites More sharing options...
NewLife4Me Posted November 30, 2007 Author Report Share Posted November 30, 2007 Okay I have an update for you all! A good update. Well the company pinnacle that I mention at the beginning of this post, has yet to respond to my DV that i requested within the 30days and they reported to the credit bureau AFTER they received my DV. I also sent out a 2nd demand letter and disputed the account with Equifax at the same time...Well guess what.. Equifax gave me my results today and they stated that the account(pinnacle) was verified with Equifax. Now let me remind you that they never responded to my DV which was sent on OCT.1 but they resonded to Equifax.So my questions are:A)What violations do I have them for?B)And what is my next move? Lawsuit?Thank you for your help Link to comment Share on other sites More sharing options...
virtualrn Posted December 1, 2007 Report Share Posted December 1, 2007 MOV Equifax-they have 15 days to reply! Link to comment Share on other sites More sharing options...
merkurfan Posted December 1, 2007 Report Share Posted December 1, 2007 Equifax MOV response...Dear (insert your name here) Thank you for your request for our method of verifacation. We suggest you use the contact information provided in the report we sent you once the dispute was completed.Thank you have a nice day. Link to comment Share on other sites More sharing options...
NewLife4Me Posted December 1, 2007 Author Report Share Posted December 1, 2007 What should I do?? Anyone please help Link to comment Share on other sites More sharing options...
MrsW Posted December 1, 2007 Report Share Posted December 1, 2007 hmmm, my DH is in the same boat.... i wonder what comes next... Link to comment Share on other sites More sharing options...
nascar Posted December 1, 2007 Report Share Posted December 1, 2007 What should I do?? Anyone please helpWhat do you want to do? Link to comment Share on other sites More sharing options...
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