Focus2069 Posted August 2, 2008 Report Share Posted August 2, 2008 Ok, long story short.Had a CA trying to collect on a cell phone bill that was not in my name (old company cell phone, but thats a whole 'nother story)DV'ed 1st ca, twice, they ignored both DV's and it fell of my CR's with a dispute.2nd CA sends me dunning letter for same debt (has not reported yet)I send DV request within 8 days of receiving dunning.CA then reports debt to all 3 CRA's and does not report them as disputed approx 20-21 days after recieving my dispute/validation letter. The letter was short and sweet "Your claim is disputed in its entirety. Full validation and documentation of your claim is requested." Along with a copy of the dunning letter they sent me.I still have not heard anything from this CA. I was thinking about sending them another DV quoting some laws and whatnot....but i think contacting a lawyer would be a better next step, as that is 3 FCRA violations (1 for each CRA) and 1 FDCPA action (with mulitiple violations)Any opinions or suggestions on the matter? Link to comment Share on other sites More sharing options...
borgman72000 Posted August 2, 2008 Report Share Posted August 2, 2008 Send dispute letters to the CRAs CMRRR. If the CRA verifies it, then you've got them by the short hairs on both federal and state laws. This would fall under deceptive trade practices in the TFC (http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000392.00.htm). Find a lawyer in your area from www.naca.net Someone from there should take it on contingency and you should get a nice payday. Link to comment Share on other sites More sharing options...
Focus2069 Posted August 2, 2008 Author Report Share Posted August 2, 2008 I shouldnt have to. At the time I submitted my DV's it wasnt reported at all. 3 weeks had passed AFTER they received my letters, and THEN they decided to report to the CRA's. They should have reported them as disputed....actually they shouldnt have reported AT ALL till they supplied some kind of validation as per my CMRR DV request.I am well aware of the TFC, it is my new best friend. The whole triple damages thing is rather friendly to me. Link to comment Share on other sites More sharing options...
borgman72000 Posted August 3, 2008 Report Share Posted August 3, 2008 Point taken. But I'm looking at it from a bargaining stand point too. You already have them on Federal @ $2500 x 3, Texas $100-$500 x 3 trebled, Texas actual damages of $10000, etc... Personally, giving them and additional 30 days to give you another Federal $2500 x 3 & Texas $100-$500 x 3 then anything else the judge thinks you deserve. Remember though, if you decide to go prose, and should you choose to pursue TFC claims, you have to do it in State or JP court. Small Claims in TX won't take these cases. Nor can a JDB/CA OC sue you in Small Claims. http://www.co.waller.tx.us/ips/export/sites/waller/downloads/Comparison_of_Courts_JP4.pdf Link to comment Share on other sites More sharing options...
Focus2069 Posted August 4, 2008 Author Report Share Posted August 4, 2008 Anyone else?I just want clarification, that they should not have reported at all, until they responded to my timely DV. And the fact that they didnt even report it as disputed, is an FCRA violation x3.I fired off a couple of emails to local lawyers to see what they think as well, but have not heard back yet. Link to comment Share on other sites More sharing options...
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