KCG116 Posted March 27, 2012 Report Share Posted March 27, 2012 Has anyone ever heard of this? Would that phrase come under the laws about them not being allowed to say or imply that they are members or any law enforcement groups?And then proceeded to tell me that they are not going to sue me but that they will continue to report the accounts on my credit reports...I will write more extensively on this saga on another day..Just another day in ID theft/bank fraud/collection agency fraud/CRA hell land... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 27, 2012 Report Share Posted March 27, 2012 We call it the mini-Miranda, not them or the law. It's actually the law they read that to you. You can actually sue them and have a legit case you would probably win, if they don't read you your rights. Link to comment Share on other sites More sharing options...
KCG116 Posted March 27, 2012 Author Report Share Posted March 27, 2012 I think you misunderstood...The woman I spoke to today said to me, "I have to read you this Mini-Miranda..." HER phrase, not mine... Link to comment Share on other sites More sharing options...
bmc100 Posted March 27, 2012 Report Share Posted March 27, 2012 Wow, that is a change up from Asset. Usually their reps try to bully you. The person must have been new or just went through compliance training. They must be trying to cut down on FDCPA lawsuits. Link to comment Share on other sites More sharing options...
legaleagle Posted March 27, 2012 Report Share Posted March 27, 2012 It is required by federal law that they inform you that blah blah blah is an attempt to collect a debt, etc. Pay it no mind. Link to comment Share on other sites More sharing options...
KCG116 Posted March 27, 2012 Author Report Share Posted March 27, 2012 I have dealt with them before and I don't think it's a new, nicer AA...I called them, not the other way around, for the umpteenth time....They have been attempting to collect close to $90,000 in debt from me via three separate accounts that either never existed at all...Or may be connected to former accounts of my deceased grandmother. No one has produced any proof in four years that these are anything but fabricated account numbers and balances.Original amounts "Margaret" admitted yesterday were less than half the current balances now showing on MY credit reports...18% compounded interest she says from the day they bought them...twice what I am told is the allowed rate here in NYC.This battle has raged for four years and still has not ended and I am guessing won't until a suit is filed against them...IF that's what they want, that's what they will get... Link to comment Share on other sites More sharing options...
Downto0 Posted March 27, 2012 Report Share Posted March 27, 2012 they will continue to report the accounts on my credit reports.If you have asked for validation within the 30 day period and they do not return that dv then it is a violation of the FDCPA each time they report. Link to comment Share on other sites More sharing options...
KCG116 Posted March 28, 2012 Author Report Share Posted March 28, 2012 In the past they ignored all my phone messages, letters etc.Yet EVERY month since they change the numbers on my credit reports to higher amounts! Link to comment Share on other sites More sharing options...
usagi555 Posted March 28, 2012 Report Share Posted March 28, 2012 I have dealt with them before and I don't think it's a new, nicer AA...I called them, not the other way around, for the umpteenth time....They have been attempting to collect close to $90,000 in debt from me via three separate accounts that either never existed at all...Or may be connected to former accounts of my deceased grandmother. No one has produced any proof in four years that these are anything but fabricated account numbers and balances.Original amounts "Margaret" admitted yesterday were less than half the current balances now showing on MY credit reports...18% compounded interest she says from the day they bought them...twice what I am told is the allowed rate here in NYC.This battle has raged for four years and still has not ended and I am guessing won't until a suit is filed against them...IF that's what they want, that's what they will get...I am very interested in how a claim against a JDB would work out for violating usury laws, especially on a CC case. If they purchase the debt, they step into the shoes of the OC, who can export its home state's interest rates, but they are not national banks, so they should not be afforded the same protections that a national bank is. Link to comment Share on other sites More sharing options...
Downto0 Posted March 28, 2012 Report Share Posted March 28, 2012 (edited) But that doesn't raise my damage amounts does it?Not for the FDCPA but it gives you more violations that are always updating themselves everytime the collector reports. The FCRA, on the other hand, is $1,000 per violation and the sol is 2 years. I'm not certain if you would have a private right of action for them reporting but you would have a private right of action for each time they pulled a report as they do not have permissible purpose because they cannot continue their collection activities until they send dv.Just food for thought if you decide to sue. The trick is that you must have sent for a timely dv and that the collector has not yet retuned dv. They can't do anything to collect the debt until retuning dv else they violate the FDCPA....and the FCRA each time they pull your cr.usagi555, sounds like a theory in progress but the stuff you're talking about is above my pay scale. If you figure something out let us know as I am always looking for another violation of any statute. Edited March 28, 2012 by Downto0 Link to comment Share on other sites More sharing options...
KCG116 Posted March 28, 2012 Author Report Share Posted March 28, 2012 AA failed to validate, anything ever...The first notice I got that the accounts existed was when they appeared on my credit reports a few years ago. Three separate trade-lines for a lot of money to start and the numbers increasing monthly...so the amount they are not alleging are owed on these accounts are more than double the original charged-off amounts.And I did not receive any written notice from AA before or after that the accounts were in their office or that they had purchased them...I was told by more than one attorney that here in NY the rate that can be charged is 9% compounded annually on debts purchased that have been charged off by the OC (credit cards).I was told this rate is the same rate that can be charged if you win a lawsuit and the defendant does not pay-that 9% is added until the judgment has been paid.As far as the rate being "exported," I was told that NY state or NYC law overrides all those things...Again, this info may or may not be correct, but is the exact same information I was given from more than one source... Link to comment Share on other sites More sharing options...
Downto0 Posted March 28, 2012 Report Share Posted March 28, 2012 AA failed to validate, anything ever...Okay, to begin with, a collector must give you your mini-Miranda in writing. You said you got yours via telephone. This is meaningless. It has to be sent to you by the collector within five days after their first contact with you.Have you gotten anything in writing concerning the mini-Miranda? If so, did you ask for dv in writing? Link to comment Share on other sites More sharing options...
usagi555 Posted March 28, 2012 Report Share Posted March 28, 2012 Not for the FDCPA but it gives you more violations that are always updating themselves everytime the collector reports. The FCRA, on the other hand, is $1,000 per violation and the sol is 2 years. I'm not certain if you would have a private right of action for them reporting but you would have a private right of action for each time they pulled a report as they do not have permissible purpose because they cannot continue their collection activities until they send dv.Just food for thought if you decide to sue. The trick is that you must have sent for a timely dv and that the collector has not yet retuned dv. They can't do anything to collect the debt until retuning dv else they violate the FDCPA....and the FCRA each time they pull your cr.usagi555, sounds like a theory in progress but the stuff you're talking about is above my pay scale. If you figure something out let us know as I am always looking for another violation of any statute.If I ever get a chance to test it out, I'll look for any case law I can find, and barring any that definitively says no, I'll give it a test run. Link to comment Share on other sites More sharing options...
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