Anyone who has followed my posts knows my story (I've whined about it enough!). There are two local CA's trying to collect some old medical bills and they have both refused to validate. This has been going on since January. I sent them both a certified letter stating that if they didn't either validate or delete within 10 days (they received these on the 15th) that I would file suit against them. Well, today one of the CA's really screwed up - they updated all five of the accounts I am disputing and did not add anything about the accounts being in dispute. It now says on TU "Verified Date 06/2002". (I also have a copy of my TU report from the 16th, so I know they verified AFTER they got the certified dispute letter.) So - since I have never been in a court room - EVER - I am really gonna need some help here. Here is what I have: * There are 5 medical collections. * They signed for the first letter January 30. * Sent me a letter refusing to validate - told me that I needed to go collect my medical records myself. * I sent another letter June 13. They signed for it on June 15. * They updated my TU report sometime after June 15 and did not notate the dispute. This is continued collection activity, right? Now my questions - have I missed anything? Also, how much can I sue them for? I really don't care if they delete them or not now - they have gone too far by thinking that the law does not apply to them and I am going to sue them. Please, all you legal eagles out there - help me! Thanks in advance -
I believe this is the time to send them an estoppel (see sample letters section) and count up your violations and file suit. Hopefully someone else will jump in here and help you figure out how many you have...
I sent the estoppel giving them 10 days to respond by either validating or deleting. Instead, they updated the collections on my credit report. As of the 25th, their 10 days are up.
I'm sorry for bumping this up - but I really, really need help. I want to prepare my case this weekend so that I can file on Tuesday. Please help. Pretty please???
I would start here. reading the FCDPA and then go from there... http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Let me take a stab at it.... 1. Continued collection activity, I don't think you'll get $1K for each account, but go for 3 FCRA violations (seeing as there are 3 reporting agencies). Although (thinking outloud) it can be considered continued collection activity making it $1K for each account as well as $3K for FCRA violations (reporting inaccurate info, and not marking in dispute). 2. If you have proof of this being paid, its a slam dunk case, not that it isn't without it, but it would help you 100000%. 3. Could it be willful non-compliance as well? Another FCRA violation. Alright, you definately have the violations *I* think more so FDCPA than FCRA, but put them both down. Sue for $5K or the max in your small claims court For the small claims paperwork, write down simply "numerous FCRA and FDCPA violations" Then after you file, STUDY the FDCPA and FCRA. Photocopy them and highlight the areas pertaining to your case (make a copy for the judge). Then after the defendent has been served give them a couple of days to sit with it, then fax them a settlement offer of 1/2 plus deletions.
Thanks KHM. I am going to get this all together this weekend and I really appreciate everything you've done for me (especially the encouragement). Thanks again, and again, and again!
Actually, this particular CA only reports to TU - so I can't sue for reporting to all three. Does anyone know if I can sue for $1K per account - or is it just considered one violation for all five?
Reply with a copy of your wording on the board when you're done. I might be filling a case similar to that one very soon. I've got three listings for the same credit card (two from different collections agencies). My last unresolved derog. GOOD LUCK!!!
