This is a two part post. Part One: If an OC doens't have to validate/verify - how can you get an accurate account of the billing? IF your answer to this is "sue and request discovery", can you sue to get the discovery then drop the suit? Part Two: If there is a way to accomplish part one, can you do it with a closed/charged/bk/foreclosed/paid collection account?
I think maybe the question lack a context, and that's why nobody has responded yet? Is the OC currently trying to collect the debt, and therefore you want a validation of the $$ amounts involved? Or, are you trying to validate an account that is paid and gone? I would think you could file a lawsuit for pretty much anything as long as they don't respond that it's frivolous. But, of course filing a lawsuit costs $$ and expertise. It might be worth doing if you had a remedy in mind that you were trying to demand.
Possibly... my brain is tired this week. I had a debt which was the main cause of my BK. I know that the OC didn't keep accurate records. I want to be able to get an accurate accounting of the account even though it was in the bk. (since I didn't know prior that I could do this) and as I thought on it, it made me wonder what exactly holds the OC accountable if we can't seek validation or verification from them. They could charge anything and we're stuck with it.
LOL Well if I *do* record myself, do I have to validate myself too? For I'm sure I've misfiled myself somewhere!
If an OC doens't have to validate/verify - how can you get an accurate account of the billing? IF your answer to this is "sue and request discovery", can you sue to get the discovery then drop the suit? Shanyl | 230 posts since Jun 2004 ========================= BUMPPPPPPPPPPP
Well, at least you have a good audience. Somebody on here once asked me if I reply to my own post. At least that way I get the right answer.L.O.L. Like my uncle always said if you want anything done right you have to do it yourself. http://www.send4fun.com/telephone.htm >
Under FACTA, you can dispute CR TLs either thru the CRA, or directly with the data furnisher, i.e.: the OC or CA.
Remember though, that the FDCPA/FCRA isn't the only law in play... Depending on the type of account, FCBA could be in play... Depending on where you live, your states laws could be in play... Just because you can't use the FDCPA against an OC, doesn't mean your powerless...
In this case, it's a mortgage... or was a mortgage. It seems that mortgage OC's sell their accounts to other mortgage lenders, but never send it out to CAs. That's why I was wondering how they could be held accountable. In preparation of an upcoming move, I located all of my notes and documentation on this OC. The basic nightmare: * We bought a house that was in arrears for property taxes. *As first time homeowners we didn't know we had to pay it - we thought it was taken care of in the closing. *County notifies us that there are back taxes owed several months down the road and because the mortgage co. (mc) is the lien holder, they notify them too. *We go down and pay the taxes not realizing that it had been sent to the mc also. *The MC takes our payments and applies them to back taxes. *County now receiving double payments. Skipping through this..... With mc's actions, our payments are now behind and we get placed on a payment plan. We catch up and then we get noticed again for another large chunk of $ that they want. We again catch up and receive another notice... We disput and ask for an accounting of the payments and account.. we get an illegible print out. Request another and get the same. Finally someone realizes that the taxes were double paid and they place us in disput status and move us to the tax dept. No one on their end can make sense of the payments either and tell us to work out the double payments. They've now tacked on legal fees several times. They give us an ultimatum of pay XXX amt or we foreclose. We scraped together and paid all but the $800 remaining in legal fees. 5 weeks later, we were given a new bill of (I think it was about) $3K (our mort. payment was only $665) No explanation. We were fed up and filed the BK. Even though we've now gone through foreclosure, I'd like an accountability of the account. Can I get it legally?
Wow the word "hosed" comes to mind reading this post sheesh. Somebody is driving a new Mercedes because of this type of illegal activity happening all over the US. This makes me want to start a Collection Agency, aquire all my own accounts at pennies on the dollar then report them myself to the CRA's as paid in full lol. Oh and according to some of these CAs I don't even have to have a license to do all that haha.
Isn't your title insurance supposed to cover this? They were supposed to search the records to ensure that you receive a clear title before escrow could close.
I had a talk with a mortgage person today (who happens to have just quit working for the institution that funds this particular mortgage company) and here is what she told me: (note here, she goes to my church and was giving a curtesy warning about this company w/o knowing that we went through them). She said that this happens a LOT. That there is a check cut that was suppose to go to us, and is often left in the folder of the title company, completely forgotten. All I know is I want an attorney at my next closing!
My problem LB is that it's too late to shut the barn door now that the horses are out....... I'd like to have an accountability of the account - wish there was a way to get independent auditing done and then sue them if I can prove grounds.
