abusive call by OC

Discussion in 'Credit Talk' started by cjoyner, Apr 17, 2002.

  1. cjoyner

    cjoyner Well-Known Member

    I faxed a validation letter to an OC on March 27. While we do owe them for a charged off cc, they are reporting two different account numbers with the same amount but completely different numbers. I told the man to fax us proof of either of these accounts and we would consider their claim. He got rude and I reminded him they had already broken the law several times in speaking to me about the debt (it is in my husbands name only) and in continuing to verify fraudulent information. He iformed me they could talk to me if they wanted to blah blah in a very rude manner. Asked me why I married a deadbeat, etc. I am so mad and ready to file suit now! What kind of recourse do I have since this is an OC? It is Fidelity National Bank, by the way. I know they do not have to respond to the validation but how do I collect damages for the false account continuing to be reported?
     
  2. jrjr35

    jrjr35 Well-Known Member

    Just because they are the original creditor doesn't mean they can talk abusively to you.


    Thanks
     
  3. Dani

    Dani Well-Known Member

    I thought you could only send validation to a CA, not the OC because they are not covered under the FDCPA. Am I wrong?

    Dani
     
  4. whyspers

    whyspers Well-Known Member

    OC's don't fall under the FDCPA but you can still request proof of a debt from them.


    L
     
  5. cjoyner

    cjoyner Well-Known Member

    I read on another website that an OC falls under the Fair Billing Act if they are a credit card. Does anyone know anything about this? I still need to know what I can do as far as filing small claims against them, can I sue them for the abusive behavior? If I file small claims against them for the double entry will I have a case since they do not fall under the FDCPA? I thought I read a post here recently talking about a case a man won against an OC recently because the judge found they had wrongfully and willfully continued with inaccurate reporting. Anyone know anything about this?
     
  6. booglyboo

    booglyboo Member

    heya, i know i probably sound like a lawyer, but here goes...

    US CODE
    Section 1692d
    title 15
    chapter 41
    subchapter 5

    it is illegal for them to
    "cause a telephone to ring, or engaging any person in a telephone conversation repeatedly, or continuously, with the intent to annoy, abuse, or harass any person at the called number"


    hope this helps :0)

    I've had a few bad calls too. just tell them that you know your rights and ask to speak with their supervisor. >>>>>>>boo

    was just reading further...because they're the OC, are your rights any less?.hmm ...i dont know?
     
  7. KHM

    KHM Well-Known Member

    You are not covered under the FDCPA, but you are covered under the FCRA. If they have this listed as 2 accounts on any of your reports, then the OC is responsible. I haven't ever read the FCBA, but sounds like that is a back up source.
     

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