Hi guys/gals et. al. Gotta question here. Take a peek at the following and tell me if I have a (fourth) leg to stand on: Section 807(8) of the Fair Debt Collection Practices Act: § 807. False or misleading representations [15 USC 1962e] (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. Now... with that said, if wifey gets a letter stating: "Unless the account is paid in full within 10 days, we may list it with a nationwide reporting agency affecting your credit if our client so desires." ... have these idiots broken 807(8)? Just to give a smidgen of history: CA shows up on wifey's (domestic fraud victim) credit report during mortgage process. I, with my bad arse, contact CA to find out what the heck was going on. CA admits that ALL previous contact attempts were returned (yet in this letter they claim it's the 2nd and final notice). OC is content that the less-than-$100 matter is outta their hands and continues to refer us to CA. Validation sent last week to CRA and I'm writing a VERIFICATION to CA now. I know, I know... but I JUST read the thread saying to do it the other way... DOH! What I wanna know is, when do I get to meet Judge Mathis? Or do I? P.S. Sorry for the hiatus. So many new folks here! Smitty Wanting Justice. Not now... but RIGHT NOW!
Did your wife file a police report? Did you get the names of the letters wrong, or did you really send the wrong letters? The OC might want to "could care less", but I would certainly let them know that they are in at as well for the long haul, unless they get it off your reports yesterday. You are attempting to get a mortgage, and if they decline you, you are sure the OC will be buying your house for you I don't that 807B has been broken. If they in good faith sent it to the other addresses, they *might* have a leg to stand on. Did they ever pull her report so you can prove they had the correct address for her? If its less than $100 is worth the aggravation? Maybe some legal minds could answer this question. What about marking a check Paid Under Protest so they can move forward with the mortgage and deal with it later? What are your scores? Is it affecting your mortgage rate? Sorry for more questions then answers
Jlynn, thanks for the reply. No, wifey didn't file 'cause all the bad stuff was done by her mother! There were even references that dated back to her years in middle-school. Can't say I would have been so gracious, but it was her call since we found out before we were married. I sent the VALIDATION letter to TransUnion (who's the only one reporting this). I'm sending a letter to the CA asking for real proof that the charges belonging to my wife. I don't want them telling me they have her correct address (validation). Hell, I gave that to them last week! We want something tangible. I'm specifically asking for copies of signatures, checks, and/or anything with wifey's DNA smeared on it. It's not affecting the mortgage at all. In fact, I make enough to secure the loan by myself. This is the one thing keeping wifey outta the "perfect report" category. The OC says that since they sold it to the CA, they don't have any leverage. The OC was actually very helpful in trying to dig up as much info as possible. Since they don't have anything regarding the account, there's no way the CA could, right? For us, this isn't about a measly $100. It's the way the CA told me to "Go ahead and pay, then send us an envelope addressed to the mortgage company. Then we'll send them a letter stating that you paid in full, as well as update the CRA."... like that is a freekin' GOOD thing! OK, so I was born at night... but it wasn't LAST night! To piss of Smitty and Family usually results in the removal of a size 10.5 hiking boot from your rectal cavity. If the CA wants to play, I'm more than happy to go to small-claims court with 'em. In my state, that's a maximum of $15K. That will buy quite a nifty home entertainment setup... if you know what I mean. Smitty I'm so unlucky that if I fell into a barrel of nipples, I'd probably come out sucking my thumb!
I know what you mean Although the OC may have no leverage because they sold the account, they are still the ones that have to produce the proof. Since they don't have it the CA won't have it. I think I would go straight to ITS and see if you can't scare them into submission.
