Ucb

Discussion in 'Credit Talk' started by wandac, Sep 6, 2002.

  1. wandac

    wandac Well-Known Member

    ucb reponse to letter

    On 8-2 i mailed a CRRR validation letter to UCB. They signed for it on 8-5. I never heard anything back from them, so yesterday I faxed this letter to Sam Rickard:
    VIA FACSIMILE

    September 5, 2002

    UCB Collections
    5620 Southwyck Blvd. #206
    Toledo, Ohio 43614

    RE: Account #: XXX, XXX, and XXX

    Dear Sir/Madame:

    Again, I am formally requesting that you validate all tradeline notations that you have submitted to the three major credit reporting agencies

    In a letter dated August 2, 2002 and signed for on August 5, 2002, I requested the following information from your company:

    1. Evidence that youâ??re authorized to do business or operate in the State of Ohio.
    2. Proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
    3. Any insurance claims made by any creditor regarding these accounts.
    4. A complete itemization of services and/ or equipment provided.
    5. The amounts, if any, charged to profit and loss by the original creditor.

    As of today, I have not heard back you. You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.

    Your company knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. Failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed.

    You have communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to, Equifax, Experian, and Trans Union.

    As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law.

    Please understand that I am extremely concerned regarding the harmful resultant consequences of the actions your company has taken. Please be advised that, if this matter is not resolved expeditiously, I will take any and all necessary steps to protect my rights.

    If you wish to resolve this matter, this will be your last opportunity to do so. The above items must be validated or deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 15 days from the tracked and verifiable receipt of this letter.


    Please be aware if these accounts are not validated or deleted within 15 days of receipt, I will file a formal complaint with the Federal Trade Commission, my state's Banking and Finance Bureau, and the Better Business Bureau. Also, note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

    For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

    Thank you and I look forward to your resolving this most expeditiously.

    Sincerely,
    wandac

    Well today I got a letter from Sam stating dates of when the original notices on the accts. had gone out and that in March '02 the accounts had been paid. He went on to say that my allegations are unfounded. Does he think because they're paid that my requests are unfounded or that he doesn't have to validate?

    First off, I don't recall getting any notices. I paid these accts. after getting my cr (and before knowing about this board). And does it really matter whether or not I received the notices, I asked for validation. They seemed to have totally ignored both of my letters. What should I do now? Should I send another letter along with copies of the other 2.

    Any help would be appreciated.
    By they way- when I pulled my worthknowing report today and also when i received my tu report recently- none of these accts. were marked in dispute.
     
  2. martig4

    martig4 Well-Known Member

    Re: ucb reponse to letter

    I think you are SOL.

    When the item is paid then the only possibility you have is for FCRA violations. If the item is reported correctly, even if you dispute and they verify, you still have no case.

    If the item were UNPAID, it would be a different matter.

    Try disputing with the bureaus. Its about all you can do if these are paid.
     
  3. wandac

    wandac Well-Known Member

    Re: ucb reponse to letter

    i thought if you asked them to validate (no matter if it was paid or not) then they were still required to mark it in dispute. And if they couldn't validate- then delete it from your cr. How do I know they are reporting anything correctly to the Credit bureau if they don't send me the proof that it is indeed my debt?
     
  4. voodochild

    voodochild Well-Known Member

    Re: ucb reponse to letter

    perhaps you should join the many and become the "LITIGIOUS NUTCASE"!
     
  5. picantel

    picantel Well-Known Member

    Re: ucb reponse to letter

    Heh good old UCB. I took them to small claims court and we settled before the date. In fact, I just sent the notarized forms to them today. They also ignored my validation request amongst other things but they will fold in a second if you file against them. Neomatrix also filed against them in small claims and they also folded. Their lawyer is out of dayton and is quite nice and apologized so I let them off pretty easy but the point is- they tucked tail and ran.
     
  6. picantel

    picantel Well-Known Member

    Re: ucb reponse to letter

    wheredo you live also wandac? you could also email gean lucas at gblucas@ubcinc.com . Let him know what is happening. He answered my first email and called but ignored the rest. you could mention to them that 2 members of your forum have within the last 2 months taken UCB to court and you can and will use that as proof that UCB constantly violated the FCRA and FDCPA. If you need extra help then email me.
     
  7. wandac

    wandac Well-Known Member

    Re: ucb reponse to letter

    so should i wait out the 15 days or should i write an intent to sue letter along with copies of the other letters i mailed to them. the first letter was just mailed to ucb (no ones attention) but the faxed letter yesterday was to Sam Rickard directly. Just because it's paid, they're still required to validate or delete aren't they?
     
  8. wandac

    wandac Well-Known Member

    Re: ucb reponse to letter

    thanks picantel. i live in cuyahoga county. i just may have to file suit against them and another collection company. the other ca admitted they couldn't get proper validation for my accts. unless i gave them authorization (yea right) because they are medical. So maybe i'll just fax an intent to sue and wait the five days. then just go and file small claims on both of them at the same time and wait to see what happens.
     
  9. picantel

    picantel Well-Known Member

    Re: ucb reponse to letter

    Here is what you do. Send an intent to sue letter on monday to UCB. Ask for full deletion of the accounts since they could not prove it was yours and tell them to send you a letter stating this and the bullseye forms they sent to the CRAs. Tell them if they do not comply they should inform their lawyer Jeffrey Turner of Jenks,Surdyk,Oxley,Turner, & Dowd Co. L.P.A. that he will be getting more business and you will be expecting Mr. Turner's phone call after you file suit on friday. I would laugh to see their face after your provide the name of their lawyer.
     
  10. picantel

    picantel Well-Known Member

    Re: ucb reponse to letter

    I forgot to add, I am not sure on paid collections that you would have already admitted was yours by paying it. I am just telling you if you do sue them make sure your have your violations marked out in full. Perhaps someone else could post on a paid validation because I do not want you to sue and then they counter for lawyers fees and the judge says you paying it was validation enough.
     

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