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What are my Rights?


cali11
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I posted this b4.My wife has a CA on her over a flute that we paid and returned.To make a long story short.They sent the contract with no Signature etc.They verifed it with both Trans and EX.So my question is,if there reporting this and dont have any more proof its our dept,what violations are they breaking?Im going to call them today and want to know what to tell them?I want to tell them if they dont have a valid contrat then they have 10 days to delte from CRAs or, I will sue them for the 1000 fine.Do I have a case?

Thanks for the great info you guys give.

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Im going to call them today and want to know what to tell them?

Bad idea. Anytime you ask the question, "what are my rights," and then it is followed by I'm going to call them, is not a good combo. That's like asking what a Miranda warning is, having it explained by the police, then saying, okay, I'll talk to you.

Not saying a CA has the same skills at investigating and getting info out of you, and tripping you up as a police detective. However, it is what they do, for the most part, all day.

I want to tell them if they dont have a valid contrat then they have 10 days to delte from CRAs or, I will sue them for the 1000 fine.

That's your first amendment right, if you elect to go that route.

Do I have a case?

No, but even if you did, if you tell them your going to sue them for the $1000.00, "fine," they will probably put the phone on a quick mute and laugh. See response above about if you should call them.

I think I have basically what your saying, if not, feel free to add more info or correct me.

It looks like you got a flute and then for some reason sent it back. If that is correct, the burden now shifts to you, to prove it was sent back. They don't have to prove they did not get it sent back.

It should have been sent back with some type of proof with a signature required.

The main thing I would keep in mind is, the proof required to "verify" something on a credit report and the proof needed in court are like night and day.

Your applying a standard to the CA they are not required to meet for a dispute such as yours. What they are required to do, if you specifically have disputed per the FCRA, is note the item on your report as disputed.

Finally, if you don't take any of my above advice, the one thing I would keep in mind. Once you throw out the I'll sue you card, and they call your bluff (and they will call your bluff), your out of options.

You either do what you say and sue or nothing, because future threats and complaints will fall on deaf ears. They will know your bluffing.

Personally, I would send them a letter laying out the chain of events from your perspective. I would use words like, this happened, I did receive this, I did return this. In other words, language that paints them into a corner if they don't respond back to you.

Don't make demands, 99% of any demand you make they will have no legal requirement to address or do as you "demand."

It's not a sure fire way to get results, but in my opinion, it is a lot better than calling them with a bluff about suing them in 10 days. That will go nowhere and just kill your chances to get this resolved short of a lawsuit.

If for some reason your really going to sue them and follow through, then by all means, make your threat. However, you better be ready to follow through, because expect their answer to be, "see you in court," because you have no case.

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I dont see why I dont have a case?My daughter decided to play the drums 3 weeks after we go this thing.So I took it back and thought we were down with it.We check her credit and its been on there since Aug 2005.Infact we got it in Sept 2004 and I retunred it later that month.So they said we never made a payment for the next 10 months & sent to a CA.The reason we never made a payment,we took it back!So reason why i dont think they have a case is 1. DOFD should be Oct 2004 b/c that would of been first payment not made.So thats 7 years next month!They are repoting it as Aug 2005,b/c thats when they got the case.2 The music store went out of business, and they have nothing,but a contrat with who knows whos handwritng on it & NO signature on the contrcat.Where it says ocaupation for my wife, it says "dialysis tech" my wifes an RN.Only thing on this contract thats correct is her SSI #What I think happend is, they lost all there records and just wrote what they had off a computer onto a blank contrat.Its not about the money its only $1,500,but damn this is not our debt.Bottom line is how can they verify & report on her credit with a contract and her signature & handwriting is not on it?I feel there illegal reporting this on her CR.

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I feel there illegal reporting this on her CR.

Then march to your nearest Federal Courthouse, put down your $350.00, and file your lawsuit. Tell them how you "feel" and what "you think." Tell them what "you can't understand," and "why they need a signed contract at this stage."

Just get your money's worth because you will lose, and lose badly. You won't even get your foot in the door. Right now all your "evidence" is hearsay. Yes, credit reports are the biggest kind of hearsay there is.

Law is not about your feelings. In fact, to be honest, it is really not always about right or wrong.

Are you even 100% for sure you have disputed this per the FCRA where you would even have an FCRA case.

It's America, sue them. Lawsuits are settled everyday as a convience and not based on who is right or wrong.

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So your saying anyone can fll out a contract and NOT have it sighned & report it to the CRAs?I just got off the phone with them. I asked them why when I sent a DV letter they didnt send me somthing that proved they owned the debt?I told her you sent me an unsighned contract.I was told she sent me everthing she had.So what your saying just does not make sense.I really dont care about suing I want the trade deleted.Im going to now contact the CRAs and dispute this again.

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So your saying anyone can fll out a contract and NOT have it sighned & report it to the CRAs?

Not anyone, but anyone that has a contract with the CRA'S.

I just got off the phone with them. I asked them why when I sent a DV letter they didnt send me somthing that proved they owned the debt?

Because there is no law on the books anywhere in America that says they are required to provide you that info, at this stage. Once again, as my original post stated, what is required at this stage and in a lawsuit are like night and day. You made a discovery request in a DV letter.

I have no idea if you used the letters floating around on the net that makes demands, with no legal requirement, for what I call everything but the kitchen sink demands. They don't have to send you what you want or demand. They have to send you what is required by law. If it makes sense or not is irrelevent. By the way, yes, it does not make sense they don't have to send proof of ownership at this stage. I agree with you. Run for congress and change the laws.

I told her you sent me an unsighned contract.

Lucky you got that. A contract, signed or unsigned, at this stage is not required of them. Count yourself lucky. Usually you get a we checked out everything and we are right and here is some B.S. letter from the O.C. that is probably forged.

I was told she sent me everthing she had.

Probably true.

So what your saying just does not make sense.

It's the law, get used to it. I bet the JDB that had to cut me a check and wipe out the debt, for sending me a letter, when I admitted I owed the debt, did not make much sense to them.

I really dont care about suing

Trust me, they know this more than you can imagine. Why do you think your getting told to go pound sand.

I want the trade deleted.

Once again they know this more than you can imagine. They figure if you want it gone bad enough, you'll cough up the money.

Im going to now contact the CRAs and dispute this again.

Make sure it's in writing, but don't be surprised if you get a we have already done this letter and now your dispute if frivilous, so we are doing nothing.

They know the odds of you suing are minimal to almost zero. You combine that with the FCRA being a case for federal court and they have almost zero risk.

They know you might file a FTC complaint and get a letter from the FTC thanking you for the report and we will look into it and contact you if we need more info.

If it's out of statute this is what I would do. I can file a small claims case for $50.00. I'd file the small claims case and agree to dismiss with prejudice if they remove the trade line. It will cost them a few hundred bucks to file for a dismissal (which they would win, guaranteed).

Generally speaking, the first thing that disappears when the highly unlikely happens and a pro se consumer sues for a FCRA violation, is the trade line immediately disappears. It does not take a law degree to figure out why.

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Quite a lot can be done by any business that just believes things are so. That's why the diligent person always gets everything confirmed in writing. If you return something, get some kind of proof you returned it, whether that is a written receipt, or your friend shooting a video of the event. All too often people are lax about this and assume everything will be fine (because 99% of the time it is).

So you don't have a receipt that the flute was returned, but they have a contract without your signature. Sounds like both parties are going to have to play games on this one.

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We check her credit and its been on there since Aug 2005

If it is that old it will be falling off your credit report around Jan 2013.

Since the CA sent you an unsigned contract they don't have much proof if they sue.

I would send them a cease and desist letter, and if they sue fight them in court. I doubt they have any other proof you owe the debt.

If they ignore the C&D letter you can sue them for that.

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We check her credit and its been on there since Aug 2005

If it is that old it will be falling off your credit report around Jan 2013.

Since the CA sent you an unsigned contract they don't have much proof if they sue.

I would send them a cease and desist letter, and if they sue fight them in court. I doubt they have any other proof you owe the debt.

If they ignore the C&D letter you can sue them for that.

Isn't SOL in Calif 4 years? Things like not retaining a receipt for more than 7 years is one of the important reasons for having SOL on the law books.

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We check her credit and its been on there since Aug 2005

If it is that old it will be falling off your credit report around Jan 2013.

Since the CA sent you an unsigned contract they don't have much proof if they sue.

I would send them a cease and desist letter, and if they sue fight them in court. I doubt they have any other proof you owe the debt.

If they ignore the C&D letter you can sue them for that.

At the bottom of the EQ report it says it will fall off April 2012.I would rather wait it out than pay it.Only thing is we want to buy a house in a few months & I think with this gone,it would bring her Transunion score up to the 620-650 range.Her EQ is already there & we were told when we applied for a loan her EX score was 615 & that was before I had alot of stuffed removed.

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What I see here are two different Plaintiffs each with an OOS claim.

The CA's debt claim is OOS by CA's 4 year SOL and the OP's FDCPA claim is OOS (a TL placed in 2005 has a Statute that expires in 2006) under FDCPA's 1-year SOL.

What the OP needs to do is dispute the TL with the CRA, hope the CA re-verifies it and BAM, you now have a brand new FDCPA violation to sue over, in Small Claims Court. Step 1 of the 1-2 punch has already been done (disputing with the creditor), now it's time for Step 2, followed by a FCRA/FDCPA suit for $2,000.

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sn't SOL in Calif 4 years? Things like not retaining a receipt for more than 7 years is one of the important reasons for having SOL on the law books.

Sol is only a legal defense for the courts. CRA's do not care about this.

Flyin beat me to it as I just came back to say the same thing lol

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If you notice the common theme with the other advice your given, it's your going to pretty much have to go on the offense to get something done. That means not just saying you will do something but doing it.

I never for a min wanted to imply you were in any jeopardy of getting sued or losing a lawsuit.

I've said it over and over and now again, your right they won't have a leg to stand on in court. You would kick their tail in court without a signed contract, would not even make it to trial you would win so easy.

You might want to research how much this is hurting your credit. You might find it has the impact of maybe one point on your credit.

You were given more advice about using small claims. I agree. You can get a lot accomplished with small claims suits and it has nothing to do with if you would ever win at trial.

At this time you have no case and would be throwing away $350.00 on a federal lawsuit. That does not mean, if you go on a legit offense, you can't accomplish what your trying to accomplish.

Think more about things not making sense and use that to YOUR advantage.

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So it probbaly not hurting much anyways?Just trying to get a few extra points here and there to get aproved for a home.You know?I Had a credit card go offf a few days ago, and it was 6 years old.I think it only went up like 5 points,so your probbaly right.But bottom line is, going by the CA recoreds DOFD should be 10-20-04 not 7-15-05 like there reporting.

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So it probbaly not hurting much anyways?Just trying to get a few extra points here and there to get aproved for a home.You know?I Had a credit card go offf a few days ago, and it was 6 years old.I think it only went up like 5 points,so your probbaly right.But bottom line is, going by the CA recoreds DOFD should be 10-20-04 not 7-15-05 like there reporting.

Like I said -dispute it and if they verify false information you have a brand new, in-Statute violation to sue over. Theirs remains OOS.

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