FDCPA violation

[Dan001]

At what point during the arbitration proceeding are you suppose to file for FDCPA violation if you notice any?

[alwayswinning36]

On 11/10/2020 at 11:51 AM, Dan001 said:

At what point during the arbitration proceeding are you suppose to file for FDCPA violation if you notice any?

When you say "if you notice any" what are the details of the debt in question? It's not exactly an easy question to answer. The FDCPA violations also have a statute of limitations.

[Dan001]

@alwayswinning36I was sued for debt and I opted for arbitration which was granted by the court in line with the personal debt agreement. I noticed that the amount that I am being sued for is lower than the amount that is stated in the bill of sales sent to me.  If the amount is higher, I might start adding interests to see if that is what it is but this looks like a mistake on their part , an oversight but whatever it is , the numbers don't are not same and are not true to any figures related to this alleged debt. I am using that as a my tool in arbitration. Do I have to inform the attorney that i will report them or just go ahead and do it because it is like suing me for one thing and presenting documentation that does not match ,

Thanks so much for your anticipated answer

[alwayswinning36]

9 hours ago, Dan001 said:

@alwayswinning36I was sued for debt and I opted for arbitration which was granted by the court in line with the personal debt agreement. I noticed that the amount that I am being sued for is lower than the amount that is stated in the bill of sales sent to me.  If the amount is higher, I might start adding interests to see if that is what it is but this looks like a mistake on their part , an oversight but whatever it is , the numbers don't are not same and are not true to any figures related to this alleged debt. I am using that as a my tool in arbitration. Do I have to inform the attorney that i will report them or just go ahead and do it because it is like suing me for one thing and presenting documentation that does not match ,

Thanks so much for your anticipated answer

In that case I would just reach out to the attorney for the party suing you. I did that personally myself with a debt buyer/collector and they dismissed everything. All be it they did so without prejudice, but dismissal is dismissal. In my case they and we both knew once they filed any dismissal the SOL was up and they couldn't refile anyway, even if they wanted to.

[Dan001]

@alwayswinning36 So II should inform him that that I will report them for a violation and see what he  will do? or what ?

Thanks

[BV80]

2 hours ago, Dan001 said:

@alwayswinning36 So II should inform him that that I will report them for a violation and see what he  will do? or what ?

Thanks

There’s no “reporting”.  If you have proof of a violation, that is one of your claims for arbitration.  Have you already filed an arbitration claim?

[Dan001]

@alwayswinning36thanks so much .

I have filed already , paid and they gave them a deadline to pay so I sent an email to them for a mutual dismissal, they responded with a counter offer of monthly payment. I refused . What next?

thanks a lot 

[BackFromTheDebt]

1 hour ago, Dan001 said:

@alwayswinning36thanks so much .

I have filed already , paid and they gave them a deadline to pay so I sent an email to them for a mutual dismissal, they responded with a counter offer of monthly payment. I refused . What next?

thanks a lot 

I may be missing something, but I haven't seen an actual FDCPA violation here.  Suing for less than the amount owed isn't an FDCPA violation, as far as I can tell.  

That being said, if you offered a mutual dismissal, and they countered with you paying them, you appear to be at an impass.

The most likely things that can happen are:

1. They never pay the fees, the case is dismissed from arbitration.  You win.

2. They pay the arbitration fees, and continue with the case.  Before the hearing is scheduled, they will get a bill.  You make your offer to them again.  They accept, and you win.

3. Same as 2 except they make a counter offer you can live with.  This is a partial win.  

4. They ignore your offer, or else make a counter offer you can't accept.  You go to a hearing, and the arbitrator rules against you.  You lose.  

[Dan001]

@BackFromTheDebt So if they sue for an amount that is not same as what is stated on the bill of sales, it is not a violation?? You alleged that I am owing you &100 and you provided me with a bill of sale that has a different figure, less amount, how do I reconcile those 2 information as a proof that I am owing you?

[Dan001]

1 hour ago, Dan001 said:

@BV80

thanks so much .

I have filed already , paid and they gave them a deadline to pay so I sent an email to them for a mutual dismissal, they responded with a counter offer of monthly payment. I refused . What next?

thanks a lot 

 

[Dan001]

@BackFromTheDebt

Pls, explain this to me, I really want to know what I am doing; thanks so much

FDCPA: sections 1692e and 1692f. SAppx19 (Compl.) ¶ 53. Section 1692e makes it unlawful for a debt collector to “use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” including by making a “false representation of … the character, amount, or legal status of any debt” or by using “any false representation or deceptive means to collect or attempt to collect any debt.”

[BackFromTheDebt]

15 minutes ago, Dan001 said:

@BackFromTheDebt So if they sue for an amount that is not same as what is stated on the bill of sales, it is not a violation?? You alleged that I am owing you &100 and you provided me with a bill of sale that has a different figure, less amount, how do I reconcile those 2 information as a proof that I am owing you?

This seems to be different from what you were saying above.  

If you owe $100 and they sue for $150, that is a violation.

If you owe $100 and they sue for $74, that is not a violation.  That is strange, but not a violation.  

From your two posts, it is not clear which is the situation.  

[Dan001]

@BackFromTheDebtWhy is $74 not a violation and the other one is?

Thanks

[Dan001]

my case is 5430 in the bill of sales and suing me for 5120

[BackFromTheDebt]

12 minutes ago, Dan001 said:

@BackFromTheDebt

Pls, explain this to me, I really want to know what I am doing; thanks so much

FDCPA: sections 1692e and 1692f. SAppx19 (Compl.) ¶ 53. Section 1692e makes it unlawful for a debt collector to “use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” including by making a “false representation of … the character, amount, or legal status of any debt” or by using “any false representation or deceptive means to collect or attempt to collect any debt.”

It is POSSIBLE that if there are two different amounts, there is a violation.  

If you owe $100 and they sue for $75, that in and of itself is not a violation.

If they send you conflicting statements on what you owe -- some saying you owe $100 and others saying you owe $75, that could possibly be a violation.

One way to find out -- include the FDCPA violation as part of your claim, and see if it flies.  I have sometimes put in some possible FDCPA violations in my claims for arbitration as a bargaining tool, and have had that work.  

[Dan001]

@BackFromTheDebtWell, I filed and that was my claim because to me, those 2 figures are conflicting when they stated that the balance on that day was some figure lower than in the BOS; if they stated something higher, I will check the interest but telling me that the balance as at the day they sued me was some figure lower is not ok

Thanks so much 

[Goody_Ouchless]

At this point have they paid anything toward the arbitration?  

As far as amounts being "off," what are they reporting to credit bureaus? FCRA claim may the way to go if the number are different everywhere. Typically suing for a lower amount is just them being careful and dropping any interest and fees they may not be entitled to.

[Dan001]

@Goody_OuchlessThe credit reporting is different too from the amount that they are suing me, and different from the bill of sales figure 

Thanks 

[alwayswinning36]

49 minutes ago, Dan001 said:

@Goody_OuchlessThe credit reporting is different too from the amount that they are suing me, and different from the bill of sales figure 

Thanks 

What I did in a situation like this was sent a copy of the credit report entry by the plaintiff to the plaintiffs attorney. Not saying it is what you should do, but I was able to get them to dismiss their case that way. It could be misrepresentation of the debt, if it is on your consumer report and being provided to other creditors. You may want to run that idea by an attorney to be sure.

[Dan001]

@alwayswinning36 I am grateful for the response. Pls inform me if I need to discuss it with them  or go to an attorney straight. I just want to get this off my back. You are helping , I won’t hold you responsible. You are sacrificing your self helping us. 

[alwayswinning36]

8 minutes ago, Dan001 said:

@alwayswinning36 I am grateful for the response. Pls inform me if I need to discuss it with them  or go to an attorney straight. I just want to get this off my back. You are helping , I won’t hold you responsible. You are sacrificing your self helping us. 

I would treat it as though the case is still in court, and contact the attorney directly just to be on the safe side. You could email the attorney for the plaintiff, if you have their email address. That is what I did.

[Goody_Ouchless]

What is the status of arbitration? Was MTC granted? Has plaintiff paid any fees?

[alwayswinning36]

To clarify I only meant treat it as if it is still in court in terms of who you contact. if you were in court you would be obligated to contact plaintiffs attorney, not the plaintiff directly. I should have made that more clear in my most recent reply.

[Dan001]

5 hours ago, alwayswinning36 said:

I would treat it as though the case is still in court, and contact the attorney directly just to be on the safe side. You could email the attorney for the plaintiff, if you have their email address. That is what I did.

Ok, Thanks. I do have the email, I will do so; I will email him the attorney directly and inform him that what you guys are suing me for is not in consonant with the consumer credit report information and with the BOS too? 

[Dan001]

5 hours ago, Goody_Ouchless said:

What is the status of arbitration? Was MTC granted? Has plaintiff paid any fees?

MTC granted; I filled and paid, they gave them a date for them to make payment, I then sent an email for mutual dismissal, the attorney responded with a payment counter offer which I declined. I am waiting for the due date for them to make a payment,