Ok, so back in May of 2006 I disputed a debt. I was correct and they knew they were wrong. I tossed about some FCRA stuff and said that I wanted a letter stating you will remove everything. And I quote... "Rest assured, we have taken action to remove this account from your credit bureau file." May 23rd, I got the letter. The next two months I saw it there and did not think much of it but it's not Feb. 2007 <b>(9 months)</b> and the account is still on all three credit reports. What is my next step?
Send the CRA a notice of intent to file suit against them. Look on here for an example letter or at www.carreonandassociates.com. Make sure the letter is sent CRRR giving them 10 days to remove the information.
Thanks collectman. I was looking around and could not find a form letter for something like this. I checked carreonandassociates to no avail. Could you be more specific, if not that's all right just hearing someone verify what I was thinking is enough to keep me happy for a couple days.
I went over to carreonandassociates and could not find their intent to sue letter. I did find the following tidbit. I'm left wondering how it is that a judgment can be vacated because the debt collector never validated the debt. Would you agree with that collectman?
I also found this tidbit over there. Yep, just what does Capital one think about RE's? What is a restrictive endorsement and what is accord and satisfaction according to carreonandassociates? If you want to know they will be happy to tell you what they think it is for $39.95. In the alternative you can find out for free. Google will be happy to let you in on all those fantastic carreonandassociates secrets for free.
I have a membership to carreonandassociates and I think it's under the sample letters available to members. If I could I'd paste it here I would but I'm sure they wouldn't like that very much. What I would wonder is why the debtor didn't bring this up during court or when they filed an answer, if they did. If the CA has a valid address and the sheriff served that address and the debtor didn't file a response or appear in court then I dont see how. If the CA had a wrong address but the sheriff did a ''tack and mail'' service then I could see that the debtor may not have gotten notice of court.
OK, I'm not sure where you are going but nothing has gone to the courts yet. I'm not sure what AMCOL was doing but they put stuff on my CR erroneously. I called and they sent me a letter telling me they were sorry for the mix up and everything was going away. Its not/has not! I called again today and they were belligerent but admitted to sending the letter. I am thinking about taking them to court. I have to comb over the FCRA laws but from the reading I did months ago I KNOW this is against the law. They do it on all three reports, $3,000 for my trouble is not too shabby. In fact, during this time I have been trying to refinance my car, get home loans, etc. and were denied. I'm wondering what real damages from this are? I'll check that site one more time. But skeatley@hotmail.com if you need to send me something you wish not to post.
To get compensation from the tradeline being on there you'd have to prove what you've lost due to that. It might be wise to consult an attorney as you may have a good case from what it appears.
Probably not. What has that to do with whether or not the defendant owes the debt? Or what has the fact of the violation of FDCPA or any other law to do with whether or not the defendant owes the debt? Nothing at all. If the defendant has a valid complaint against the creditor or the 3rd party debt collector he needs to take that up in a countersuit or in a completely separate lawsuit. To use an outrageously extreme example, let us assume that the debt collector went to the defendant's home and beat him up with a baseball bat and broke bones, putting him in the hospital. What has that to do with whether or not he owes the debt when the case goes to court? Nothing at all. Not even if the defendant is wheeled into court on a gurney as a result of the attack. Civil courts have a one track mind. Either the defendant owes the debt or he don't. In most courts we can raise the theory that the plaintiff must prove his case but in practice courts usually pay little heed to that lofty principle. Anyone who thinks that is not true can listen to a few audio recordings that are actual hearings in progress. These recordings were made by the courts themselves, not the defendant. Some courts are now recording live instead of allowing the use of human court reporters. I have several such recordings from all across the nation.
