I sent letters to OC (CRRR) received green cards back and the 30 days is almost up. What is my next step?? Also, I sent letters to CA (CRRR) received green cards but no reponse to the estoppel letter. What is the next step?? Not sure if I want to go in the direction to sue simply because I am new to this and not sure what violations they have done.
First of all, if you sent validation letters to oc's, they don't have to respond as they are not subject to the FDCPA. Don't take this the wrong way, but, if you didn't want to follow thru all the way, why did you send anything?
I think it's reasonable to attempt the pre-lawsuit tactics even if one has no intention of ultimately filing suit. After all, sometimes the creditors will respond favorably long before it gets to the lawsuit phase. As for the original question, I would press the issue further, either with another letter (a follow-up estoppel perhaps, and then an intention to file suit notice, and finally maybe Christi's 48-hour intent-to-file letter). Original creditors are bound by the Fair Credit Reporting Act (FCRA), the Fair Credit Billing Act (FCBA), and the Truth-in-Lending Act (TILA). If you can document a technical violation of any of these, and if you have experienced damages as a result of their false credit reporting as a result (a credit application denial, for example), then you may have the basis for a good small claims lawsuit, and there will be quite a few people on this board who will stand ready to assist you in thinking that through. Doc
****Not taken wrong at all**** Before I started this entire process I read and read and read until I felt confident to begin. Honestly, I have been reading the board and other documentation on how to sue and it is still unclear to me. That is why I hesitate. I am sure with the help from the board I can do it. I need help on possible violations for CA's.
I think you should look into the states in question and see if you can get some help from the AG's..you might get lucky. Search "nana's notions"...it might help
Actually if she did send Validation letters to the OC and they have the account listed on her credit report, It HAS to be notated, *IN DISPUTE*. If it isn't then thats a violation. They don't have to validate it, but they better well have that taken care of on her report.
OK....I received an updated CR about a week ago and none of the OC's that I sent letters to were marked as disputed. Now, is that violation enough to sue for????? Or what other possible violations do I need to look for??? **I am not subscribed to any monitoring do I need to subscribe for the eintire year? I did the 30 day trial.
have you read the FCRA? IF you haven't I would. Get all the statutes written down etc. then make a case.
Tea, My advice is to read cover to cover the FCRA, FDCPA, FCBA and Truth in lending Act. When you are done read it again! Read it until you know and understand it well enough to stand up for yourself when someone violates your rights. Also contact your state Attorney General's office specifically Bureau of Consumer protection. You will be surprised what they can offer you. Ask the clerk if they can send you your state's laws regarding credit reporting, collection agencies and billing. I called my local office and the lady sent me a stack of laws in my state free of charge to me the next day!! This helped out greatly because I could also sue under my state's laws as well. Which I might add are somewhat better because it mixes alot of what the FDCPA laws are and makes the creditors responsible too! I then filed suit under my state's laws and federal laws. Also search the web under small claims and find where your state it listed. It will tell you the procedures to file your suit and be sucessful. Contact your local magistrate's office or JP where the small claims hearing is to be held. Go in there and ask for a blank small claims civil complaint form. You can also ask them the procedures but they will not answer legal questions fo you. What I also did was talked with my attorney for over an hour about civil procedures and what I am required to do to bring suit against a CA, OC or CRA. That was very helpful and well worth the $100.00 fee. Keep very accurate and detailed records of all your dealings with CRA's, OC's and CA's. What I did was list all the negative accounts from all of my reports and make a file folder for each one. I then kept a blank sheet of paper to log everything about that specific account. I kept all receipts and mailings in that folder so I had a detailed and thorough file if I need it for court. Before you send anything out read it and read it again! Also make sure you contact the CRA and get the furnisher's address because this is the address to send your disputes to. Last but not least continue to join in on this board as it will be the best thing you ever did! The people here are great and will bend over backwards to help you out. Don't worry help is just a post away! Good Luck! Tac
Tac, That was a good response. That should be put in the Unofficial CreditNet Board FAQ for required reading for newbies. Charlie
Thank you that is very helpful......That puts me on my way Thx a wholllllle bunch. Love this site and its members >>
