ATT: LIZARDKING, response to my val

And how is this proved? If I say, " I believe I paid this off.. " Then they will ask me, do you hae a receipt - I say no I don't. Then what? It is up to them to prove I paid it because they need to prove the debt exists? There is no burden on me to provide proof that I paid it?

How wil lthat stand in court??

 

So this is what I am interpreting from your msg.
1. Don't claim I paid it.
2. Send them a follow up letter asking them to provide proof and the same form letter again asking for validation; otherwise they are validating FDCPA. Also note in my letter that SOL is past. If they cannot provide validation, then remove the negative tradeline on my CR, or else get sued.
3. Amount is different than the check itself, so don't let them know they need to do full accounting.

If it is NOT removed and validation is NOT done, then sue in Small Claims. My argument will be:

1. Violated FDCPA - no validation
2. How is this CA allowed to collect this?
3. negative item on my CR
4. item was NOT marked in dispute during validation process

Is that correct?? Thx..

 

That sounds like an EXCELLENT plan. Thanks LK. One thing though, I want to make absolute SURE that the SOL is past. As mentioned before:

1. Check was written in NV to a place of business in NV
2. CA is in Calif.
3. I live in Calif.
4. Bank Account Check is Drawn From is in Calif.

So WHAT is the SOL??

 

So what is my best course of action? There is still yet another year if the NV SOL is used.. I believe NV is 6 years?

 

so what letter should I follow up with? or what would you advise?

 

this is a valid point... so can this CA then come back at me then and sue in NV? Or am i hoping that it'll be next year by the time all this occurs and the 6 year SOL will really be over? it has been 5 now.. and around march of next year will be 6.

 

What you suggest sounds good LK.. I will start drafting the letter and post it up and get your guys's opinion..

 

LK, here is the letter I will send. What do you think?
------

July 23, 2002

CA
ADDRESS
CITY/ST

Re: Account #: XXXXXX

Greetings:

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. I also request that you remove the negative tradeline and inquiry that you placed on my credit report.

From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

"(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."

From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm:

"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."

If the negative tradeline and inquiry are NOT deleted within 30 days, I will file a lawsuit for violation of the FDCPA and FCRA. Because of the lack of your validation, I will also assume that your collection efforts are being terminated and that you have waived all claims against me.


Best regards,
MY NAME

Cc: ATTORNEY, RETAIL SHOP

COLLECTORâ??S NOTICE
From:
CA INFORMATION

Re: Account #: XXXXXXXXX

To:
MY NAME
ADDRESS
CITY, ST ZIP

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.

 

bump

 

i am also going to CC the original place as well.. so they are aware of what the CA is doing.