Hi, folks. I need a blunt answer to this with any thoughts you may have..well, don't cuss at me, but you get the idea... Hubby has had a dispute with Wakefield CA for some time. *They have never marked his account as in dispute on EQ or TU. *On EQ, they have the same account listed 3 times (with a $2.00 difference but same acct #), none marked as disputed. *On TU, they have the same account listed 2 times (with a $2..00 difference but same acct #), none marked as disputed. *They have never provided more than a print out from their machine for the supposed bill. So, do we have enough?? I'm so brand new to the suing thing...terrified of it, but looks like we will have no choice, right?
i would say sue w/o intent to sue letter if you have tried all steps of validation (estoppel) and have disputed with cra. send intent to sue if you are inclined to be nice to ca's who have not been so nice to you.
Has anybody received a good response from an intent to sue letter or has it ever come into usefulness in the courts? What are my benefits for sending it? Are there benefits for not sending one? If I could avoid suing, I'd love to but I'm actually at the point where we'll do it even if it freaks us out.
The usefulness of the intent to sue is to show the judge you made every attempt to get them to correct their records by writing them not only once, not only twice, but three times, and they still ignored your requests. It's basically a last scare attempt before you actually have to file.
i did send an its letter for my successful cra lawsuit, but the judge really was impressed by the fact that i had sent numerous letters (crrr) and did not point out the its in and of itself.
Ok, so it would be a good idea for me, basically. Will do that then! Then, I'll research here the steps cuz I have no idea of how to proceed at all.
Ok, I've updated myself by reading the FAQ on this...have made some decisions.. That is.. *will wait until multiple entries for same bill are validated, deleted, etc. *Will wait until I hear from AG of Colorado as that will add fuel if they receive admonitions (and they will). I have a quick question, if they had to file third party bond here (Tex) and did...do I have to file the suit in Colorado where they are located? I have to travel there? If this is discussed in the FAQ's and I missed it, please just tell me and I'll go research it. I have been so afraid of suing, I think I have blocked out everything I've read..LOL..so appreciate your patience!
Awe cmon now Nana, You're making way too much of this. Get it all worked up in your head and next thing you know it's TOO BIG - LOL You've been around here long enough. You can handle it. Besides, if you go ahead and file it really is more likely that they will want to settel. Especially when you have all this stuff documented. And there's plenty of help right here on the board. In "The Art Of War" by Sun Tsu he said; "The best way to avoid war is to NOT fear it". Never let them see you sweat.
LOL, I see, Butch. But, I do want to do it right....so I really don't know if I have to go to CO to do this or I can do it here since they have a third-party bond in Texas.. I know someone knows... help, please....
I live in Texas, too. You can file in the state where you reside. they are violating the Texas Financial Code, since you are making contact with them from here. They should have a 10,000 surety bond in Texas in order to do business. If not, then that will be another violation.
Yea, made me happy, too. Where ever the violatons take place, you can sue. There are strict laws here in TX. Make sure you get them on every violation. Will be some good pocket change, and deletions!! Now they can sue you under the statute of limitations where the contract was opened. So, if u opened in Co. they can sue you under that states law. Usually they ae too cheap to do this. You can file for extentions until the cows come home. They will just get tired after the first try.
I believe I'm going to contact the OC, the BBB for both OC and CA, I've already contacted the AG but I might send a letter with the most recent report showing the violations continue and using some of their language from a previous admonition they gave for not reporting as disptued, etc. I'll spend today getting the actual violations. I have a question..the AG in colorado (actually the collection agency board) once wrote me that a print out from the CA was fine....this is in error, I know...any thoughts on handling this?
You mean a printout of the debt? If so, a judge will rip them in half. They better come with original documentation. anybody can make a printout.Remember, it has to be a proponderance of the evidence. if its outside the statute of limitations, they cant win the case. It could work in your favor anyway. If you win in Texas on multiple violations, then you have proof that you were attempting to resolve the debt, but they were not helpful. might even be a countersuit there?? The way it has been working is once you beat them in TX, they bargain with you on the debt. They delete it, and remove all negatives in order not to have to pay you. You win either way..
Right, a print out on standard printer paper. AG in Co said it was valid but I know better. Please know that they aren't suing hubby (though this CA sued me for $210 once before I had a clue what I was doing)... Anyway, you have been a huge help. I just found another CO violation to send to AG in CO (they have a very helpful licensing board)... They have to notify me they are licensed by the state board and how to notify the board with problems...they neglected to do so....so one more! Faxing additional violations to CO AG today! About to go to OC, too, and threaten them with problems as they hired these idiots! Whoohoo...getting on a roll Creditman, thanks for taking an interest in this thread..helped me a lot!
Nana, Make up your own computer printout that says the CA owes you exactly the same amount as they say you owe them. Then when the judge says computer printouts are ok hand him your's and say; "good we're even". LOLOL
Butch, I love it!!!! LOL Big favor: I have a letter drafted to the OC...would you all read and correct me on issues, give input? Thanks a million! Dear OC: This letter is to make you aware that CA., representing (you, OC), has violated my rights and the law numerous times in their â??representationâ? of you as the original creditor. For your information, they have: 1) Failed to provide proper validation for this supposed claim for payment despite numerous requests by certified mail, return receipt which they signed for and as required by law, both state and federal. 2) Failed to notify the credit bureaus that this claim was in dispute after being duly notified of this assertion as required by law, both state and federal. 3) Failed to report to the credit bureaus accurately as required by law by entering this supposed SINGLE account THREE times at one credit bureau and TWO times at another credit bureau. 4) Failed to report to the credit bureaus accurately by duplicating the accounts and providing inaccurate balances for each (differing by $2.00) as required by law. 5) Failed to provide proper identification to me when contacting me by neglecting to provide information regarding the Collection Agency Board of Colorado. 6) Failure to provide a statement regarding my right to dispute within 30 days of receipt of supposed claim. While these are not the total of the violations that have been made against me, they provide you enough information to know that I have been wronged. In addition, be quite clear that I have all documentation, including every signed receipt of my letters by CA, credit reports showing the inaccurate and multiple entries, and original contact letters showing the omissions of required information. I am requesting that you contact CA. immediately and insist that they remove this entry (entries) from my credit reports as your representative. If you both continue to violate my rights, I will have no recourse but to seek legal action. Be aware that the Attorney General of Colorado, the Attorney General of Texas, the Better Business Bureau, and the FTC have already been notified of these wrongdoings. You legal eagles certainly know how I can beef it up and where I went wrong..please let me know! And, if it is entirely stupid, tell me, but do it gently, o.k.? LOL Thanks!
hey buddy, why you writing the OC and not the CA?? The threats for suit should go their way. Have u sent validationto OC? I would leave them alone if they are not reporting derogatory info on your report. let me know
