I am a little bit confused (as always). When I started on my credit I requested all 3 CR's and reviewed them. After showing an account listed with the CA, A.F.S. Assignee of Metris, on Experian I sent validation to A.F.S. and then disputed with Experian so my validation letter began "This letter is being sent to you because I recently reveiwed my credit report furnished by Experian and it showed, blah blah blah". CRRR signed on Feb. 15. I heard nothing and was in the process of drawing up estoppel to send to them when I received settlement offer COLLECTION letter on Saturday dated March 8. They did not send me any type of verification of this account and then they send settlement offer letter, is this violation?
Yes it's a violation, but I wouldn't jump on just one violation, instead try to nail them in a few more. Send the estoppel and you can either mention they have violated the FDCPA or not, entirely up to you. I would leave it out in the hopes they screw up again, also this way they don't think you know the law. Have they marked the account as disputed on your CR? If not, another violation. Keep your paper trail.
Yes Maam I do have my CRRR card and it was signed on 2/15. And I am not sure if they noted the account because I don't pull my reports like everyone else does via online - I don't have a card to charge them to. Do I need to get my mothers CC# so that I can at least check on this one maybe two violations if it is not noted. Also, my reports are crammed with other tradelines that I need to get on so do I have to go back and forth with them once they violate once. I would like to get them off and move on to the next.
Also, why can't I just mention their violation when I send them my demand for my 1K or see you in court letter?
I would. Just so you can save the paper evidence. One thing I tried and it does work, is order online and use the "I've been denied credit" option. BAAAMMMMM Free report. Good luck!
I would definately get a copy of your credit reports, somehow, online, mail whatever. I'm just saying what I personally would do. You are always free to do what you feel necessary. I also wouldn't demand anything other than deletion and MAYBE $500. You have the definite proof, of them trying to collect after they received validation. The choice is entirely yours. A CA is not going to give you deletion AND $1000, when you can actually take it to court and all they would be required to do is pay the $1000 (my state only allows money to be awarded), and not have to delete it. What is more important to you the money or getting it deleted? Then decide which way you will go.
Definitely getting them removed is my #1 goal but they just make my skin crawl when they decide that they want to do whatever the hell they want and say screw you the consumer and the law. Thanks for all the responses, they are always well appreciated.
