Cat123

OC attorney says OC cannot commit violations. Help.

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Now I have no clue as to what to do...  I just rec'd an Arbitration brief from the atty for the OC.  First, there is a different court named.  (different county)

 

1.  But in the brief, they state that all our statements in regard to violations have nothing to do with the creditor as they are not subject to the fair debt, etc. rules.  They state "XXXXX" is a creditor whose main business is banking and finance.  "Since they are the creditor, FDCPA rules do not apply when they are collecting their own debt." 

 

2.  They state that our claims re: FCRA aren't any good as they did not receive a notice of dispute from a credit reporting agency. 

 

3.  They state there is no "Florida Consumer Protection" law.

 

They also re-state breach of contract, unjust enrichment and account stated.

 

What this whole thing comes down to is that we had to try to work things out with all our creditors, which we did, except for them... so far.  We all agreed to a settlement, but they wouldn't put it in writing in the correct form.  They basically wanted us to send them a check with no agreement that it was the final amount.  We tried and tried, and one office would tell us one thing and another office would tell us another.

 

I truly do not know what to do.... at all. 

 

We just rec'd the "respondent's brief" and arbitration is tomorrow.  They also included an affidavit from the Lead Litigation Specialist for the servicing company who stated the billing/statements are correct.

 

Ugh.  Hope someone can give me some words of wisdom to get through this.  Not looking good, is it?  I just don't know where to go with this.

 

Thank you.

 

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Without knowing your brief and all that will be hard to tell. Yes they do not have to comply with the FDCPA. There are consumer laws in Florida but we need to know what they violated if anything.

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Even though the FDCPA may not apply to original creditors, the Act does apply to attorney debt collectors hired by the creditor to collect or sue upon the debt. If you believe you have an FDCPA claim against opposing counsel, speak with a consumer law attorney in Florida before it is too late.

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2.  They state that our claims re: FCRA aren't any good as they did not receive a notice of dispute from a credit reporting agency.

 

This is true.  In order for you to have a private right of action (be able to sue) for violations of the FCRA, the furnisher (original creditor, collection agency, or junk debt buyer) MUST receive notice of the dispute directly from the credit reporting agency (CRA).  If you send the dispute to the furnisher, the notice is from you.  It's not from the CRA.

 

 

In addition to what Nascar posted, contact the FL Bar Association's attorney referral service.  In my state, if I receive the name of an attorney from that service, the attorney will give me a consultation at a reduced rate.   It might be well worth the fee.

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