Can I sue? LONG

Discussion in 'Credit Talk' started by James5150, Nov 19, 2002.

  1. James5150

    James5150 Well-Known Member

    I have been dealing with a company that purchased a charged off credit card last year. In July I sent them a validation request, which they of course ignored. However, they did mark the trade line on my Trans-Union report as disputed, but failed to do so on my Experian report. In August I sent another letter requesting validation along with the original letter, and I also disputed this account with Trans-Union, and Experian. Both of which were verified as correct.
    In mid October, I sent Experian all of my validation requests, along with copies of the green card, etc. They told me that there was nothing they could do because the company was reporting back to them that the info was correct. I am assuming that Experian sent copies of all the info I sent them to the CA because I FINALLY received a response from them yesterday.
    In this response, they included a summary of the account information, and statements that cover 7 months of activity. I am satisfied with this as â??Validationâ?, but there are several inaccuracies in their statements. They claim that the last posted payment was in, November 2002 (fictitious dates), but the account was charged off in September 2002. Also, according to the statements they provided me, the last payment was posted 6 months prior to charge off. Here is a list of items I would like to sue them over:

    Federal:
    · Continued to validate information with the both Trans-Union and Experian without responding to my validation request.
    · Failure to mark account as disputed with Experian.
    · Credit card account listed as â??Installment Loanâ?, not â??Revolvingâ?.
    · Stated last payment was placed 2 months after the account was charged of when in fact they supplied me with documents that show the last payment was made 6 moths prior to being charged off.

    State:
    · Failure to remove disputed accounts from my credit files after 30 days without validation.
    · Failure to notify me the within 30days of my initial request what the outcome of their investigation was.
    · Failure to submit a corrected copy of my credit report to all persons who previously received a copy that contained the disputed information. (This is required by law, I donâ??t have to request it)

    Also, I currently have a request submitted with the Secretary of State to find out whether not they are bonded with the state or not. Can I sue them for the same violations, just under different statutes? For example, can I sue for both federal and state violations for failure to mark the account as disputed?
    They have finally validated the debt as mine, but it took them 4 moths to do so. In that 4-month time frame, they violated MANY of my rights. I can still sue them for the violations even though they validated right? I have monthly copies of my credit reports that go back to August, and show the accounts listed as I mentioned above. Any information or guidance provided will be greatly appreciated.
     
  2. ts766

    ts766 Active Member

    James,

    I know how you feel I had the same problem with Gulf State Credit. The answer to your questions is "yes" you can sue. Before you sue, go over ALL of your paperwork. Make sure you have every I dotted and every T crossed.

    I started by creating a timeline, starting with the first demand for payment and the validation process. Make sure you have copies of your credit reports stating the accounts were in fact not in dispute. Make sure you have the results of the investigation stating the CA verified the unvalidated debt.

    You have a good case, in my opinion, not that I am a lawyer. Detail your case and file your complaint. Go for the money. I know most say it isn't about the money but where do you draw the line? You can complain to the office of Attorney General. From what I have seen here most do nothing. I got lucky because in PA they will attack the Collection Agency with a vengence. I know this because I had 2 stubborn collection accounts removed in a matter of 2 weeks.

    When Collection Agencies violate the law they should pay, pure and simple. As would anyone that violates the law. It doesn't matter if the debt is true or not. That is why we have laws in place to protect the consumer. The watchdogs of these laws don't seem to take them seriously nor do they enforce them effectively.

    What other choice do you have? Continue to fight for your rights? No, I say sue 'em! I bet they respond!

    just my 0.02
     
  3. James5150

    James5150 Well-Known Member

    I forgot to mention, the letter they sent states in bold type "XXXXX is not a collection agency" in their initial contact letter they stated that they had purchased the debt and that "XXXXX is your new creditor". They might not consider themselves as a collection agency, but they are Third Party Debt Collectors. I also failed to mention that my state allows criminal prosecution for violation of the Finance Code. Would it be a good idea to threaten criminal charges as well as a lawsuit?
     
  4. James5150

    James5150 Well-Known Member

    I just found out that this particular company is not a registered LLC in my state and they are operating illegally by trying to collect his debt from me. Any suggestions on how I should handle this?
     
  5. whyspers

    whyspers Well-Known Member

    Personally, if they validated and if it was as recent as 2002, then I'd forget it. You get in front of a judge and the CA will come up with all kinds of reasons as to why certain things happened the way they did.

    "Your honor, we sent Experian a UDF telling them to mark the account in dispute. Unfortunately they can take up to 90 days or longer to do so. It is not our fault they did not mark it the way they should have."

    "Your honor, we verified with the CRA's because we were gathering our paperwork to send to Mr. Consumer. We had the proof of the debt and were not going to delete a valid tradeline. We have supplied Mr. Consumer with proper validation, so what is the problem here?"

    Hizzoner: "Mr. Consumer, this suit is frivilous and your claims are barred under the doctrine of unclean hands. You are hereby ordered to pay poor vilified collection agency $xxxx in attorney fees for wasting their time and the court's time".

    This is only a simulation...your results may vary, but keep in mind...this could very well happen.

    If the debt is yours and they proved it, then in my opinion, move on. Dispute again with the CRAs during CHOD. Find something in the CRA's reporting that will give you something to dispute.

    Just my two cents....worth about that.


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  6. James5150

    James5150 Well-Known Member

    Thatâ??s the problem. I have exhausted all possible disputes with Experian. I even went so far as to send Experian copies of all my validation/demand letters. They simply forwarded them to the CA, and in order to save face with Experian, they finally responded. I am honestly pissed at these guys. Its not about money, it's about their total disregard for my/our rights. They validated with Experian and Transunion several times even though they had not responded to my requests for validation. The summary they sent with the copies of the billing statements do not match up. It's almost as if they pulled most of this out of their A$$. I think I will draft and intent to sue letter for multiple state and federal violations, and let them know that I intend to report them to the Attorney General, State Comptroller, and the Secretary of State, and I will only settle for full deletion of this account. As I said in a previous post, all LLCs are required to be registered in my state before any type of business is performed, and they are not.

    One more thing, I have never denied this debt, yet I have not said it is mine either. The card was charged off and sold in 2001.
     
  7. whyspers

    whyspers Well-Known Member

    Did anyone other than yourself see this credit report? What are your damages? Have to have damages.

    Good luck.


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  8. James5150

    James5150 Well-Known Member

    Has anyone else seen the report? Are you referring to a potential creditor? If so, then yes they have. I have been denied credit because of this account on 2 different occasions. Also, this has caused me a lot of mental anguish. Before I found this site, and others like it I believed all the lies that that the Collectors would say on the phone and that caused me a lot of mental and physical anxiety. Just about anyone who has dealt with collectors without being educated about your rights know how stressful it can be. So as far as damages are concerned, I have a lot of personal mental damages, and not really any monetary damages.
     
  9. whyspers

    whyspers Well-Known Member

    But James...you said they proved the account was yours. If it was your account, I don't see how you can prove damages here. If you were denied credit because of this account and it is your account... Well, like I said...good luck with it!!! I'm not seeing it, but that doesn't mean anything really...lol.


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