Here is the history. I noticed a SOFT inquiry on my EXP report.. not sure if they did an inquiry on my other reports. Then I recieved a letter. Date: June 14, 2002 Have you FORGOTTEN THIS DEBT? Your account has been assigned to this office for collection. You are advised to remit the FULL balance using the enclosed envelope. THIS IS AN ATTEMPT TO COLLECT A DEBT BY A PROFESSIONAL COLLECTION AGENCY AND ANY INFORMATION OBTAINED WILL BE USE FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a national credit reporting agency if you fail to fulfill the terms of your credit obligations. PLEASE ADVISE US IF YOU DISPUTE ALL OR PART OF THIS DEBT.. AMOUNT $1000 INTEREST $506.85 FEES: $60 TOTAL: $1,566.85 ----- This was the first letter I received. I then followed up with my validation letter as such: To Whom It May Concern: This letter is being sent to you in response to the letter you sent dated June 14,2002. This is a letter to serve as a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please be advised that I am not requesting a "verification" that you have my mailing address, name, or aother information - I am requesting a "validation"; that is, competent evidence that I have some contractual obligation to pay you. You should also be aware that sending an unsubstantiated demand for payment though the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Please also be aware that if any negative mark is found on my credit reports from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt Collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Enclosed you will find a letter from the FTC as well. I suggest you get your records in order before I have to target you for legal action. Best regards, CREDITOR DISCLOSURE STATEMENT Name & Address of Creditor: _______________________________________________ Name of Debtor: ____________________Acct #: _______________________________ Address of Debtor: __________________________________________________ ______ Amount of Debt purported to be owed: _________ Date it became payable: ___________ Was this debt assigned to the collection agency or purchased? ______________________ Amount paid if purchased: __________ Commission for the collection agency if successful with assigned debt: _________ Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt. Please attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Please attach copies of all statements while this account was open. Have any insurance claims been made by any creditor regarding this account? yes / no Have any judgments been obtained by any creditor regarding this account? yes / no Have any negative trade lines been reported to any credit reporting agencies regarding this alleged debt? If so, please name the credit reporting agencies. __________________________________________________ _____________________ Please provide the name and address of the bonding agent for the collection company in case legal action becomes necessary. __________________________________________________ _____________________ -------------------- Here is their response which I just got recently: Dear XXXX, I am in receipt of your letter dated June 30, 2002 and bogus form. I suggest you go back and review your "How to avoid your debts" book. Attached you will find copies of the bad checks you wrote to your client noted above. In so far as the request to fill out the bogus form you included with your letter, several questions are just none of your business and ludicrous. Please remit at once. THIS LETTER HAS BEEN SENT TO YOU BY A COLLECTION AGENCY Sincerely, XXXXXX Collection Division ------------------ This letter also enclosed copies of the checks (2) that I wrote. The checks are dated 5/17/97. My question - this letter is BLATENTLY offensive AND INSULTING. The SOL is past I believe. The checks were written in NV and I am in CA. What can I do? Can I demand $1000 for the unauthorized inquiry? How should I respond to this letter? Advise? Thanks.. BTW - this tradeline doesn't appear on ANY of my CR (the original nor the 1st collection agency. This is the 2nd collection agency)
They did validate. They didn't use profane language in the letter. I don't see a judge awarding you anything. I just don't see any damaages except to the party to whom you bounced the checks.
Did they put on the trade lines on your report "this item disputed by consumer"? if not, that's a violation. the problem I see (and I'm hoping Lizardking will pipe in here) is that when you sue them they will countersue you for the checks... and with the checks in hand they have a good case against you... Now... their validation did NOT address the interest or fees and how they were calculated. on checks... after all, how do they get interest anyway? If it's past the sol I'd consider perhaps an atty. On the upside... written in 97 you have only 2 years penalty on the reporting of the debts... past that, they can do nothing except generate fdcpa and fcra violations for you. I'm actually curious to see how others respond to this one...
Does this letter have the full... "this is an attempt to collect a debt... etc etc".. perhaps they're violating that too. This is actually interesting. I wonder if David Szwak's office can help you if they're violating your rights. I don't know how checks' interest is/can be determined. What are the state laws for that for you? It's fair for you to ask for validation for the debts... I am wondering if this is a 'sit on it' and don't pay it... or a ' have another lawyer buy them for you' issue... or a 'sue them but definitely get countersued' issue... What state are you in? I am stuck at home today and it is raining... so perhaps I'll play online a bit and see what I can find about checks. this is why I use visa debit I hate checks.
If they don't have the FDCPA mini miranda listed in all of their correspondence to you that is a violation I would bring to their attention. It worked on a CA once and they said they were abandoning the debt and deleting the tradeline. So it is worth a try and worth $1000.00. My advice is if it is past the SOL and it is not listed on any credit reports other then an inquiry I would write them another sarcastic letter stating such and that since they did not fill out your form or prove they have a claim to collect, you will not consider the debt to be valid and all communication must cease! If they then report it on your CR and do not list it as in dispute, you then have them on continued collection activity and failure to communicate that a debt is disputed by a consumer. You then have all the leverage you need to make THEM pay you! Tac
Tac, The problem here is they DID prove the original debt. They didn't prove any interest or fees that are included. I think if this is past the sol, I would send them another letter advising them they have failed to prove the interest or fees they are alleging. I'd also make mention that their first line in the letter about "how to avoid debts book" is slanderous and you will be turning it over to your atty and the FTC, BBB etc. Of course, there is nothing you can do about it, but it's always fun to threaten them back. After you send them the next letter, I'd probably just let it sit and see how they proceed.
The "Any information obtained will be used for the purpose of collecting a debt" is MISSING. This notice is outta compliance .
If it's past the SOL, I'm having a hard time figuring out why there's a discussion at all? They can't sue you to collect. If you just want it off and they won't delete through validation, there really isn't a lot (in my opinion) that you can do
1. The first letter I got from them dated June 14, 2002 has: This is an attempt to collect a debt, and any information obatined will be used for that purpose. Unless you notify thisoffice within 30 days after receiving this notice that you dispute the validty of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of the a judgement and mail you a copy of such judgement or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. 2. I am in CA, check was written in NV. I had a similar incident in the past, but with an attorney and it was the 1st collection agency. I am not SURE if he was an attorney or just a CA. Apparently he sold it and now it is in this CA's hands. I am wondering how the SOL works and if he can even touch me at this point.. if settling is an alternative, that is something I would consider as well, but not to have a negative tradeline appear on my CR as 'settled' of course.
1. I am not 100% sure it is past the SOL now, because of what was mentioned that NV is 6 years? But I THINK checks fall under another thing? Aren't checks 2 years? Or 1 year? I believe creditnet had this discussion before.. whether checks are part of the same SOL as written contracts or on another? 2. It currently is NOT on my CR, so I don't need it off. My fear is that it will be put ON.
Ender, This site has some good information about SOLs and allowable bad check fees. www.olddebts.com/state_list.html -Peace, Dave
Thanks Dave.. here is what that site states: California: Open Acct.: Reduced to writing-4 Open Acct.: No writing-2 Written Contract: 4 Domestic Judgment: 10 (renewable at 10) Foreign Judgment: 10 (commencing with judgment debtor's commencement of CA. residence.) BAD CHECK LAWS (CIVIL PENALTY) Amount due, Treble damages - minimum $100 maximum $1500 per check Nevada: Open Acct.: 4 Written Contract: 6 Lease: 4 Domestic Judgment: 6 Foreign Judgment: 6 BAD CHECK LAWS (CIVIL PENALTY) Amount due, protest fees three times check amount not more than $500, or less than $100 -------- Oh, one thing I wanted to also state is that this CA is located *IN* CA.. so can they collect from something FROM NV? I noticed this when I saw that NV requires a license and to be bonded.. but in california CA's they do not.
Ok then here is another site that may help: www.nascio.org/stateSearch/displayCategory.cfm?Category=regulation -Peace, Dave
A cal. CA can sue a cal. resident in a Cal. court and the matter can still be governed by NV law. A check written in NV likely would be. also the mini miranda only has to be included in the first communication.
....while the above statement is accurate, it is possible SOL is considered procedural rule not substantive, in which case forum state (CA) rules would apply even if governed by NV law.
Personally, I think they provided validation. Now SOL is another matter and I guess you could look into whether or not they could legally collect on the debt, but either way...I think they have definately proved the debt is yours. L
If the SOL in NV. is 6 years, they can always return the account to the orginal creditor with your address. They can sue you in NV. and then domesticate the judgment in Ca. I used to do that when I was in banking and had someone move out of state and leave us with an overdraft.
Here is the letter I sent to the FIRST CA who was handling it.. should I send something along the same lines to the CA NOW? --- June 18, 2001 Re: Unauthorized Inquiry on my Credit Report Greetings: Recently, I received a copy of my Experian credit report. The credit report showed a credit inquiry by your company that I DO NOT recall authorizing. I understand that you shouldn't be allowed to put an inquiry on my file unless I have authorized it. Please have this inquiry removed from my credit file because I have never given any such authorization. Please forward me documentation that you have had the inquiry removed. If you find that you did have my authorization to inquire into my credit report, then please send me proof with my signature allowing such act. Otherwise, I may file an immediate lawsuit against you and your client for: 1) Violation of the Fair Credit Reporting Act 2) Violation of the Fair Debt Collection Practices Act 3) Defamation of Character 4) Negligent Enablement of Identity Fraud. I am finding your inquiry to be very damaging to my report. Thank you for your prompt attention to this matter. Best regards, -------- May 23, 2001 Re: Account #: XXXXXX Greetings: Thank you for receiving this notice. You have failed to sufficiently answer my request to validate your claim of debt against me. Pursuant to the Fair Debt Collection Practices Act, I request that you cease further communications with me. Please complete and return the attached notice as required by law. If I do not receive your response within thirty (30) days, I will assume that your collection efforts are being terminated and that you have waived all claims against me. Please note that if any steps towards a judgement are obtained against me, then I will use my absolute defense that the statue of limitations has expired. I will also file a counter lawsuit for malicious prosecution and report the attorneys involved to the Bar. Also, you are required by the FCRA laws to report my dispute that a â??dispute is in progressâ? to the credit bureaus: Equifax, Experian, Transunion, and Chexsystems as well as SCAN. You are required by law to report accurate information including the fact that I am disputing your claim to this debt; otherwise you will be in violation of the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA). Please also be aware that if the negative marks found on my credit reports are NOT REMOVED by your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt Collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud. I suggest you get your records in order before I have to target you for legal action. Best regards, COLLECTORâ??S NOTICE From: Re: Account #: XXXXXXX To: This notice is given by the collector so as to comply with Fair Debt Collection Practices Act. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except (1) to advise the consumer that the debt collector's further collection efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. Please select one of the following by placing an â??Xâ? over the appropriate line. Æ?____As the debt collector in this matter, this final notice is to inform you that our collection efforts are being terminated. Æ?____As the debt collector in this matter, we may invoke a specified remedy, which is ordinarily invoked by us, to collect this alleged debt. Æ?____As the debt collector in this matter, we intend to invoke a specified remedy to collect this alleged debt. ______________________________ ________________ signature of manager or agent date This notice is not valid unless completed and signed by an employee or authorized representative of the collector, and timely returned to the consumer. The collector understands that its failure to comply with this federal law may result in civil penalties imposed by the Federal Trade Commission or the United States District Court.
This makes me SOO mad!! I just found this NEW CA is reporting on one of my CR reports! Suggestions at this point?
