Jump to content

Name of the Sections FCDPA and FCRA


Recommended Posts

Hello

Question 1 : I am trying to fight these creditors who are unable to validate my debt but keep on reporting it on my credit. I had a collection put on my account 9/15/2011 and on 9/25/2011 the company received my debt validation letter. Since then i have checked my credit report and they are still reporting it on 10/10/2011. I have also mailed them a demand letter but still have not gotten a response from them. I am thinking about filing in a small claims court, the judges in the small claims court are not very familiar with the issues of FCRA and FDCPA. So i was wondering when i go to court what should i tell what statutes have they violated.

Question 2: I have also written to a number of companies that did credit pulls on me but no one has responded and its been 30 days. No one has replied to my request, I have also sent them demand letters but still there is no response from them not i am thinking about taking them to the dmall claims court but need to know when i go to court what should i tell what statutes have they violated.

Link to comment
Share on other sites

Hello

Question 1 : I am trying to fight these creditors who are unable to validate my debt but keep on reporting it on my credit. I had a collection put on my account 9/15/2011 and on 9/25/2011 the company received my debt validation letter. Since then i have checked my credit report and they are still reporting it on 10/10/2011. I have also mailed them a demand letter but still have not gotten a response from them. I am thinking about filing in a small claims court, the judges in the small claims court are not very familiar with the issues of FCRA and FDCPA. So i was wondering when i go to court what should i tell what statutes have they violated.

Question 2: I have also written to a number of companies that did credit pulls on me but no one has responded and its been 30 days. No one has replied to my request, I have also sent them demand letters but still there is no response from them not i am thinking about taking them to the dmall claims court but need to know when i go to court what should i tell what statutes have they violated.

Collection agencies are allowed to report on your CR as long as they've been contracted by the creditor to collect and report accurately. In your letter, did you dispute the debt? If so, they must report the debt as disputed.

That being said, in order for you to be able to sue for FCRA violations, you should have disputed the entries with the credit reporting agencies first. If you contact the creditor or collection agency first, before disputing with the credit reporting agencies, you lose the right to sue under the FCRA.

I know some courts have ruled that reporting a debt to a credit reporting agency is considered collection activity. It might depend upon how your state courts have ruled on the subject. If they've ruled it is a collection activity, you might have FDCPA violations for not sending you a letter that provided the 30 day notice to dispute and continued collection activity before the debt has been validated.

If it were me, I'd send another DV letter. You should also dispute the debt with the credit reporting agencies. If the CAs still don't validate and continue to report, then you might look into a lawsuit.

Personally, I think it's to early to sue. Courts prefer that we try to resolve an issue before pursuing litigation.

Link to comment
Share on other sites

It's continued collections for the FDCPA (15 USC 1692 (g) 809 (B)

Be very careful that you don't confuse your definition of what is proper valadation and what passes for proper under the law. Also your request must be timely, within 30 days of receipt of there letter, or they can ignore your request.

On the credit pulls, it's a non-permissible pull. I'm not sure of the statute, it's under the FCRA but pretty much if they have a business need, and collections fall into that, it's permissible. It's not post lawsuit but is okay pre-lawsuit. It's also Federal Law and Federal Courts, while the FDCPA is pretty much any court.

Good luck

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.