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?
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
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?
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?
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.
