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teacher121

Zwicker and Associates/Debt Verification

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Back in 1984 I opened an account with Dillards. They are now stating I owe them 5000 dollars which I honestly feel I do owe.

The account is with GE Money Bank.

I've done debt verification with four Debt collectors and have gotten nothing back except a letter from GE Money bank saying I owe them 5000 bucks and that's their verification. They sent about five statements of an account from like 2005, but it was mostly just advertisments.

Before I can even reply to one collection agency, I receive a letter from another on the same account. This has happened four times now with the fourth being today with Zwicker and Associates. It states the account has not been assigned to an attorney, but I better pay.

My question is this..........is this legal to pass this debt so many times with out verification and passing it before even 15 days has passed and my reply being given?

I've heard that this Zwicker and a$$......are real hard core. I know they cannot provide verification and haven't done so yet.

Can I reply in writing and tell Zwicker I am going to sue a thousand dollars a pop for every violation?

I'm in the middle of personal turmoil as it it and this is only making things more stressful as a single mother of two teens one in college.

Thank you for any advice you can offer.

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Probably legal, and it shows your DV letters are being effective. They would rather not mess with you. They would rather pursue the truly "least sophisticated consumers" who don't know enough to send a DV letter.

Send Zwicker a DV letter. Rinse and repeat for each CA, until the SOL runs out.

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Oh, and another thought. If you opened the account in 1984, chances are it wasn't with GEMB. But maybe with some other company.

I know GEMB took over some Monogram accounts around 2004-2005 (Wal-Mart was one of them). (Citibank took over Home Depot's accounts about that time, which had been Monogram accounts.)

So there might be a problem for GEMB to come up with a complete chain of custody and complete account records.

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Send a DV letter...if Dillards or GE Money Bank do not verify the debt or report it as in-dispute, they are violating the FCRA.

I am dealing with GE Money Bank as well on a fraudulent acct and even though I have provided them information to show it is fraudulent, they still keep harassing me on it.

I would first dispute the account with the credit reporting agencies...wait to get a response..then send a dispute letter to GE, wait for a response...If you dispute it and Zwicker takes legal action, you can counter-sue GE money bank. After you get feedback from GE, redispute with the CRAs with updated information...then if all else fails..get a consumer law attorney to sue GE Money Bank and Zwicker if they do not comply. Also, if the CRAs do not investigate your dispute and provide the information from their background within 30 days, you can sue them as well...If no one is doing what the law says they have to do, then file a complaint with your attorney general with all of the documentation you collected..

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Thank you for the help bit it appears as though I wasn't making myself clear. I have gotten four letters from four different collection agencies in a matter of three weeks all of them stating I owe them money. I would be DV on one the next day another would show up till this last one from Wicker. I got a phone call from them about two hours ago but no one was there in the line. I googled and found out it was them.

How can they give this account to four places to collect in less than the thirty days you are allowed to respond. If this isn't illegal it should be. I have the letters as evidence that four CA are holding the same account that can't be verified period.

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I did DV with Ge Miney and they sent letter just saying when the account was opened and how much they think I owe them. I sent another letter telling them it was not debt verification and to top it off they sent it three months after I asked for DV. That's when I then get this barrage of letters in three week time frame all saying I owe them for the same debt from Ge money.

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Send a DV letter...if Dillards or GE Money Bank do not verify the debt or report it as in-dispute, they are violating the FCRA.

I am dealing with GE Money Bank as well on a fraudulent acct and even though I have provided them information to show it is fraudulent, they still keep harassing me on it.

I would first dispute the account with the credit reporting agencies...wait to get a response..then send a dispute letter to GE, wait for a response...If you dispute it and Zwicker takes legal action, you can counter-sue GE money bank. After you get feedback from GE, redispute with the CRAs with updated information...then if all else fails..get a consumer law attorney to sue GE Money Bank and Zwicker if they do not comply. Also, if the CRAs do not investigate your dispute and provide the information from their background within 30 days, you can sue them as well...If no one is doing what the law says they have to do, then file a complaint with your attorney general with all of the documentation you collected..

What would be the reason the OP would countersue GE Money Bank?

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Is it legal...just barely... if you DV, a CA cannot collect until they provide validation, or they just send it off to another CA - which was probably what happened with your account.

The better question to be answered - when was the last time you paid on the account?

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If OC is still reporting to the CRAs and the acct is in dispute...it breaches the FCRA

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If OC is still reporting to the CRAs and the acct is in dispute...it breaches the FCRA

Where is that in the FCRA? I haven't been able to find anything that says a furnisher can't report or update if the account is in dispute.

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If OC is still reporting to the CRAs and the acct is in dispute...it breaches the FCRA

I believe what you're referring to is this section of TILA:

15 U.S.C. ยง 1666a

(B) Reports by creditor on delinquent amounts in dispute;

notification of obligor of parties notified of delinquency

If a creditor receives a further written notice from an obligor

that an amount is still in dispute within the time allowed for

payment under subsection (a) of this section, a creditor may not

report to any third party that the amount of the obligor is

delinquent because the obligor has failed to pay an amount which he

has indicated under section 1666(a)(2) of this title, unless the

creditor also reports that the amount is in dispute and, at the

same time, notifies the obligor of the name and address of each

party to whom the creditor is reporting information concerning the

delinquency.

The creditor can report but must report the TL as disputed.

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Can I reply in writing and tell Zwicker I am going to sue a thousand dollars a pop for every violation?

You certaintley can send them a letter like that. You can send them one stating your going to sue them for 10,000 a pop if you want. Unfortuantley, your letter means nothing since the damages would be statuatory and already written into the law.

However, there is nothing stopping you from sending them that letter.

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