CIC Repair Experts, please help...

[trich701]

First of all there is a website deticated to these Unistate crooks:

http://www.giovelawofficeexposed.com/first.html

Help. I received an entry on my file from a company named Unistates.

Individual

Condition: Derogatory

Original Balance: $400

Balance: $400

Date Opened: 04/2008

Date Reported: 06/15/2008

I disputed it with Exp and it came back as verified. Several letters requesting that this debt be validated have been unsuccessful. It states that it for a payday loan that I have no knowledge of. I am also in Texas where the Texas Finance Code applies. I have never received a dunning letter. Only several calls to my home and place of employment. I sent them a letter requesting validation and to cease and desist calling. They reacted by placing a negative entry on my credit file. I have no idea if this is valid, or when the delinquency date is because April of 2008 is definitely wrong. If this is mine it has to be well over the statue of limitations.

I kicked another dispute back to Exp, but I know they will just say that it is verified. I have filed a complaint with the Texas AG, BBB, and New York BBB-I am about to complain the NY AG as well. Is there a different avenue I should pursue with EXP, like questioning the dates on the tradeline because there is no delinquency date?

[lovebug5]

If you think that this isn't your account, file ID theft paperwork on it. Contact EX and let them know that you want to put a FA on your report, that this debt is not yours, that you have attempted to contact the so called CA and they will not provide you with any documentation evidencing your ownership of the account, and they'll most likely delete it pretty quickly...

However, if you aren't sure if this account is yours and there's a possibility that it may be yours, I would definitely not go the ID theft route. Since you've already disputed with the CRA's and the disputes have come back as verified, I'd send a Section 623 request to Unistates. Push forward with your complaints, etc.

[swirlgirl]

Questions:

1. Have you ever had a payday loan?

2. If yes, do you remember not paying your payday loan?

3. If this is truly not yours and you've tried getting info and validation from the CA, why not file the ID Theft paperwork.

Why go around in circles for something that's not yours.

[trich701]

If you think that this isn't your account, file ID theft paperwork on it. Contact EX and let them know that you want to put a FA on your report, that this debt is not yours, that you have attempted to contact the so called CA and they will not provide you with any documentation evidencing your ownership of the account, and they'll most likely delete it pretty quickly...

However, if you aren't sure if this account is yours and there's a possibility that it may be yours, I would definitely not go the ID theft route. Since you've already disputed with the CRA's and the disputes have come back as verified, I'd send a Section 623 request to Unistates. Push forward with your complaints, etc.

Thanks LB, honestly, I think it may be mine, but it has to be at least five years old. The entry to my credit file was in retaliation to my C&D (sent after repeated calls to my office and home). I clearly stated that I was not refusing to pay, just wanted proof. If they had sent proof, I would have paid it; my report has been clean for almost 3 years (no new stuff and stuff that will drop off next year or 2010) so I would have paid them just to keep it off. I am planning on buying another house in about two years.

What is a 623 request, I sent an 809 request. Thanks!

[trich701]

Questions:

1. Have you ever had a payday loan?

2. If yes, do you remember not paying your payday loan?

3. If this is truly not yours and you've tried getting info and validation from the CA, why not file the ID Theft paperwork.

Why go around in circles for something that's not yours.

I was slow typing, so I think my response to LB will answer your question. Thanks for the help. Usually the AG and the BBB complaints work to get rid of stuff like this, but because this CA seems to be above the law, I am worried.

[trich701]

I consulted with a consumer attorney and received this response:

You may have a legal claim against them for violating state and federal law.

You could file a suit yourself (Small Claims Court) or hire an attorney.

Unistates does not have the paperwork that would meet Texas legal standards.

I guess I will give it 30 days to see if I get any mileage out of the BBB, AG, and The FTC before I proceed with litigation, or should I send the intent to sue now?

[lovebug5]

I, personally, would not jump into a lawsuit right yet. I'd wait for your results from your complaints and then send an ITS letter if nothing is done.

[SteveAR]

def take it to small claims

[lovebug5]

def take it to small claims

This coming from someone who very clearly did not read the OP's original post. The OP is not 100% sure that this payday loan was not hers. Why, in Christ on a Pogo's name would you chance taking something to court when it very well might be yours?

The OP should be 100% sure that this account is hers and do everything in her power to obtain enough documentation to justify going to court at this point. The more documentation you have behind you evidencing violations and willful non-compliance, the better chances you'll have. Otherwise, you're walking a fine line - and I think newbies on these forums need to understand that.

[SteveAR]

ok but when they dont validate it with letter over and over what isnt that breaking the law? so what happens when 2 cant reach an agreement? Court!

[trich701]

Thanks Bug. The violations are definitely racking up. I have never had to take one to court, but this outfit seems to laugh at the laws. I even had one of the reps tell me that they were not familiar with the Texas Finance Code and they did not have to validate. If I understand the process isn't the collector suppose to send me something before they just slap it on my report? I think it was added in retaliation for my cease and desist calling, or send me proof and I will pay you letter. I have lived in the same house for almost 8 years, and have worked for the same employer just as long. I can be found.

Thus far I have:

Started March of 2008:

Requested validation via telephone

Faxed a request and obtained confirmation

Mailed a request via regular mail

Mailed a request via certified mail return receipt-(they actually signed for it)

Left a heated voice mail requesting validation

In addition I have filed complaints with the before mentioned agencies. How much time should I wait before I take it to the next step? If the debt was mine and I sued them, how afraid should I be if they can not prove that I owe the debt? Plus it has to be past the SOL, I can't even recall that debt, and have not had a payday loan since 2003 or earlier and definitely have proof that I paid one in full, but honestly do not think I had two.

[lovebug5]

ok but when they dont validate it with letter over and over what isnt that breaking the law? so what happens when 2 cant reach an agreement? Court!

Not necessarily. If life were that easy, we'd all be in court at least once a month with half of our CA's and OC's. I think it's really important for people to exhaust every single possibility available to them before they jump on the lawsuit bandwagon. It's not a healthy attitude to have.

The OP should request an investigation pursuant to Section 623 of the Fair Credit Reporting Act, which requires the data furnisher in question to respond to the investigation within 30-days unless the investigation is deemed frivolous, and then the response requirement is 5 days. If the data furnisher in question does not respond to this investigation request, the OP will have a direct violation of the FCRA fully documented.

The OP has additionally filed complaints with the appropriate consumer agencies, which should assist with this matter. Once all options are exhausted, then the OP should consider sending out an ITS letter - knowing full and well that if you're going to send out an ITS, you'd better be prepared to act on it.

[lovebug5]

Someone from Texas should chime in here about the TFC - since I'm not a TX resident, I'm not too familiar with it.

As far as your complaints, I'd wait until the complaints start rolling and until then I wouldn't let up on this CA. Keep things going in writing. Of course, that is my two cents. If a TX resident firmly believes that per the TFC you have more ammunition, hopefully they'll speak up!

[borgman72000]

Yes, the TFC allows you to DV anytime you wish. Since you have requested a DV via CMRRR you do have a case against them if they have not marked your CRs as disputed. They have 31 days from receipt to perform their investigation, etc... After the 31 days has expired, file your complaints with the BBB, the TX AG (Greg Abbott, really nice man BTW, got to meet him at a charity dinner once), the AG of the state they are located in and pretty much any other acronym you can think of.

The TFC has a whole lot more bite to it and if you do choose to file against them, you don't have to, but I strongly suggest you file in State rather than Small Claims. Small Claims is almost glorified mediation. You can file ProSe, but going into State, I would suggest finding a good attorney from www.naca.net that will review the case and take it on contingency.

Just the threat has worked well for me so far, so I would again, strongly suggest, you seek the help of one the naca.net lawyers to help you.

[trich701]

Yes, the TFC allows you to DV anytime you wish. Since you have requested a DV via CMRRR you do have a case against them if they have not marked your CRs as disputed. They have 31 days from receipt to perform their investigation, etc... After the 31 days has expired, file your complaints with the BBB, the TX AG (Greg Abbott, really nice man BTW, got to meet him at a charity dinner once), the AG of the state they are located in and pretty much any other acronym you can think of.

The TFC has a whole lot more bite to it and if you do choose to file against them, you don't have to, but I strongly suggest you file in State rather than Small Claims. Small Claims is almost glorified mediation. You can file ProSe, but going into State, I would suggest finding a good attorney from www.naca.net that will review the case and take it on contingency.

Just the threat has worked well for me so far, so I would again, strongly suggest, you seek the help of one the naca.net lawyers to help you.

Thanks so much! I will follow yours and bug's advice and sit wait for the alphabets (BBB, AG, FTC) to kick in and help me out. If that does not work, I will contact the naca.

[Amerikaner83]

Everyone - take a deep breath and re-read the thread, please.

OP told us a C&D was sent. OP wonders why they didn't send him anything....after the C&D was sent? I'll tell you why. Because of the C&D.

And if it's the payday loan company coming after you, they're the OC and not a 3rd party collector. Thus, NOT subject to FDCPA or the TFC as it relates to 3rd party collectors.

If it is a CA or 3rd party collector coming after OP, then chances are they DID send the dunning, before the C&D was sent. Once the C&D was sent, they can't really send you more info without breaking the C&D, right? And so what is their only recourse at that point, if it's within the 7yr reporting period? Placing the entry on your report.

According to your original post, it seems as if it was a "limited C&D" that was sent... one of those "only in writing" types...which as we all know, id not legally enforceable as such.

But it also seems as if it IS a 3rd party, so the TFC applies, and you can DV at anytime. I agree with borg - send your complaints up the ladder and see what falls down. Court is IMHO at this point too early.

[cjtx]

And if it's the payday loan company coming after you, they're the OC and not a 3rd party collector. Thus, NOT subject to FDCPA or the TFC as it relates to 3rd party collectors.

TFC applies to both OCs and 3rd party debt collectors. There is plenty of caselaw about it, even though the language of the statute is confusing and misleading. I had an OC try to claim TFC did not apply to them, but changed their tune after I cited a few relevant cases.

OP, you can play the game for a while and wait until they rack up more violations. That is up to you.

A naca lawyer already told you you have a case and can take care of it now.

Has the CA pulled your CR? Since the CA is not bonded as a debt collector in TX, I double checked it myself too, they had no permissible purpose to pull your CR and you may sue them for invasion of privacy and the CRA for releasing your CR without permissible purpose.

I don't think OP is ready to handle the case so it would be a good idea to hire a lawyer who takes it on contingency.

[borgman72000]

No real need to reiterate what cjtx has already said, but the TFC applies to anyone who chooses to do business in TX, whether they are based in TX or not.

[trich701]

You guys are awesome for responding to me! The payday loan company in question no longer exists after several suits were filed against them for unethical business practices. My guess is that they sold off their debts before going under. There is an entire website dedicated to these so called Law Firms. No one has ever sent me anything even saying “you owe us –pay”. I have nothing from the OC, or no attempts to draft my account for this alleged debt. I only have record of a payday loan from another company that I paid in full under the terms of our agreement. That is why this is so confusing. Also some of these payday loan companies have several different names. I just want proof and I will pay, but feel that it needs to come off my report ASAP. Today I received a response from the NY BBB, basically no response and stated that I could file a claim against the company. -The same great advice that you guys have passed on. I currently have an attorney reviewing all of my documents, thanks to this site, I have amassed a large pile of supporting documents (fax confirmations, email confirmations, CRRR, etc). All one sided, me basically screaming ANSWER ME!!!! (professionally of course).

[Donna47129]

Okay, I have dealt with them and you can also get info from Bub Hibbs:

http://www.giovelawofficeexposed.com/first.html

They bought my debt from tendollarpayday, apparently.

I DID have a loan, but thought that I paid it off. In the meantime I moved. I did a Transunion Quick Collect and cannot find the paperwork, so I contacted them asking them for info and they would not provide, so I'm not paying.

And they did not dun me, how did I know they bought the debt? They called my work and a recording told me to call them. They did NOT leave a message, it was a recording.

So I call them when they (First American c/o some Cignarale dude) tell me I owe this debt, I played stupid. I ask for their address and they give to me.

So I DV them and C&D them because I did not want them calling my work. So I get no more calls. I again DV the main guy, Mark Bohn, and nothing.

So then my CR states the company is now United States Credit and last thing on my CR says Unistates.

Clearly they do not respond to lawsuits, as per Bub Hibbs and my personal experience.

So, after all of that I disputed with EX, which is the only CRA listing this debt. It came back verified 3 times, they said I can't dispute on the net anymore, so I send them a copy of EVERYTHING, including ALL of the complaints in the BBB, showing their bad standing with the BBB, and guess what? EX won't delete!

I was thinking about suing EX because they are not considering all information provided, and in their response they do not state that they considered it, only something to the matter of it's been disputed and verified and that's all they have to do. However, somewhere it reads that they have to consider all information...but they didn't.

So, it still sits on my report, and it's the only new bad thing I've had since 2004, so of course, the biggest bang to my EX report.

[trich701]

As of today, this debt has been deleted!