Need some help

Hi, y'all.

I've got a situation, and I could use some help. I've been reading through various threads and I understand most of the stuff being presented here. In my case, I've got a CA who's simply ignoring me, the law, and doing what they please. The CRAs are also relying on some kind of "automated verification system" rather than doing anything constructive in response to my disputes with them. I can't find a lawyer who'll do anything without a big up-front retainer.

The CA has been continuing to report derogs to CRAs illegally for a year now on a debt that was originally rendered null and void by the OC, and was further never EVER validated by the CA. Here are the details for your consideration. (BTW, the CA in this case is Calvary Portfolio Services, LLC.)

Back in mid-2003, I got an account with Sprint. Four days after I signed up, Sprint totally changed every one of their plans, terms, conditions, and everything. I mean EVERYTHING! I had been discussing things with their sales people for nearly 2 months, and signed up based on what the sales people had said was a "good strategy". Anyway, I felt like I got screwed. I had a lawyer write them a dispute letter -- he claimed a variety of things, like "no meeting of the minds", "fraud", "misrepsentation", etc. He basically disputed the validity of the contract and gave Sprint 30 days to respond or assumed the contract was null and void. Sprint never replied. In most cases, Sprint's changes would constitute some kind of novation, except that you don't have any option other than to accept them. The penalty of "opting-out" is cancelling your contract, which sticks you with an early termination fee. It is this fee that is at the heart of this situation. If the contract was null and void due to Sprint's negligence in replying to my dispute of its validity, then there can be no earkly termination fee springing forth from it.

Starting about 6 months later, I was contacted by a series of collection agencies. I sent them all a validation letter I'd obtained from the "Due Process" guy, and never heard back from any of them. Those letters work!

In January 2006, I was contacted by another CA. About 10 days later, I sent them one of these dispute letters. Only this time, they just ignored me and continued to send me bills. Ok, big deal. I ignored them.

In September, 2006, I was declined for a car loan because of "excessive delinquencies", "too many late payments", etc. WTF??? I got a copy of my credit report and it turned out that this CA posted a derogatory entry in August. The account was also re-aged to 2005. (It has since been re-aged to show 2006.)

I disputed with the CRAs, and wrote another dispute letter to this CA. The CRAs removed the entry long enough for me to qualify for the car loan. But it reappeared a month later when the CRAs claimed the subscriber validated the report. (!)

The bills stopped for a few months, but started again in January 2007. I sent them a THIRD letter, with copies of the first two, demanding they cease and desist, and stop reporting this invalid debt to the CRAs. Again, they ignored me. But they did stop sending me bills.

Yet they continue to re-post to the CRAs every month updating my profile claiming this is a valid debt, open account, seriously delinquent, blah blah blah. The CRAs are now ignoring my disputes as well.

I've contacted numerous lawyers, and nobody will touch it without a big retainer. I just got a call from another one yesterday who said there's no way they'd take it without proof that the original contract was invalid. As in, a court order declaring it invalid! Sheesh!

The original dispute letters were based on disputing the novation from the original creditor to the CA. Supposedly, this is still effective. The CAs normally ignore them, and in so doing, lose any right and interest in the note. You're basically refusing to agree to the assignment, and demanding that they prove that there is a debt remaining after the original creditor has been reimbursed by insurance, tax refunds, and payments from various CAs who've purchased it. They NEVER substantiate this stuff.

I've got a bunch of claims with these guys under FDCPA and FCRA, but nobody will take it on.

But what about the fact that my original timely dispute to the CA -- which they ignored -- supposedly puts them in the position of having no legal rights or claims at all? Lawyers don't seem to want to address that little part.

The original Sprint account has exceeded SOL (3 yrs) for a verbal agreement, based on AZ statutes (where this contract was originally created).

I have copies of everything dealing with all of the CAs that contacted me regarding this account, including the certified return receipt cards for all letters I sent. I just don't have a copy of that original letter that the lawyer sent to Sprint.

Anyway, I just want to get these guys off of my credit reports.

I'm at a loss of ideas here. Any suggestions?

Thanks
-David

 

intent to sue ... for what, exactly?

Yes, AZ has both small claims and justice courts. However, I've temporarily relocated to another state thru October.

 

<sigh>

Thus far, I've had five attorneys tell me I've got a "slam-dunk case" for multiple violations of both FDCPA and FCRA. Whoopie. If I'd be so kind as to pony up a few grand as a retainer, they'll consider filing a case for me. Well bless their little hearts! I've yet to find someone who'll take it on contingency. What kind of "slam-dunk case" is that for you?

I *KNOW* there are a dozen or more violations of BOTH FDCPA and FCRA, by both the CA and all of the CRAs.

I'm sorry I made your eyes hurt with my long post. I really did leave out a lot of stuff, just to keep the post shorter.

What I'm trolling for here is ideas on how to get this CA off of my credit profile. Everybody is basically ignoring me! I need some kind of "big stick" to whack them with and get their attention.

 

Thanks. I found NACA and contacted several of the folks in the Phoenix area. Most said it was both an FCRA and FDCPA issue and they only specialized in one or the other. I found one guy who looked things over and said it looks good (that was April), then after I got him the paperwork, he never got back to me. I just contacted him last week and asked him to return my paperwork so I can have it to send someone who'll actually do some work on the case.

I suppose I could try to find some folks where I'm at now, tho.

 

Well ... hmmmm.... can you point me to some of those examples?

The only time I've filed a suit, it backfired on me BIG time. So I'm a little hesitant to try again, especially with the kinds of sharks that swim around debt collection issues.

My case seems really cut-and-dried to me. But you'd think some greedy lawyer would jump on it right away if it really was. I dunno.

To file FCRA and FDCPA claims, would they be with any nearby superior court? Or do they have to go to a Federal court? Do they have to be filed in the state where the infractions took place?

Thanks
-David

 

I've counted 48 clear and distinct violations of FCRA and FDCPA regulations, as well as fraud and mail fraud.

Why do I need to hire somebody on retainer?

I've been perusing postings here and on debtorboards.com, and have come to an interesting insight. Please confirm if it is correct or not:

OC "assigns" an account to CA#1 for collection. I send dispute letter and request for validation. I get no reply.

Several things I read here and on the other board indicate that until CA#1 sends a validation (via OC), ALL collection activity has to stop. Obviously, this includes CA#1. But what about further CA's?

Since OC is required to send validation, what position does that put OC in if they not only fail to validate, but take the alleged note back, assign it to CA#2, and then the same story repeats?

In my case, CA#3 (or #4 or #5) said they actually "purchased" the account from OC. This is after SEVERAL unfulfilled requests for validation. I also sent them (latest CA) a dispute and validation request, and they also failed to validate. That makes AT LEAST THREE unfulfilled outstanding requests. But unlike the other two CAs, these guys proceeded to send bills and post to my CRA profiles. Every month. For 18 months.

It seems that CA#3 (the one who actually purchased the note) is in a clearly indefensible position where they either knew or should have known that two or more unfulfilled requests for validation were outstanding at the time they acquired the account and began their own collection efforts -- in clear violation of FDCPA and FCRA. At the very least, they sure as heck knew better than to continue to send bills and post to the CRAs for 18 months after failing to respond to a request to validate.

Is there any legal precedent for such a claim? (that unfulfilled validation request made on first CA binds collection efforts of subsequent CAs)

I'd also like to know what's so risky about this scenario that a good FCRA/FDCPA lawyer won't take it on contingency? (To listen to y'all, any half-baked pro-se pleading that follows the clearly-defined templates found nearby could probably win this thing. So why can't a fully-qualified lawyer think he can win it?)

I've got copies of their letters, my letters, certified return receipt cards, credit reports showing things appearing/disappearing over time, etc.

It's not about the money to me -- these guys have been preventing me, through their unlawful posting on my credit profile, from getting my credit scores high enough to allow me to co-sign on credit lines for my business! They've been in the low 630s for a while, and I finally got the CRAs to remove a couple of other invalid records from my profiles, raising my scores to ~660.

They need to all be at or above 700.

This one, single, fraudulent entry is depressing my scores by 50 points and preventing me from even getting a credit line increase on a credit card I got during a three-week period when this entry was missing the first time I disputed it with the CRAs.