CA response! Attack or wait?

Discussion in 'Credit Talk' started by knoxPK, Mar 3, 2003.

  1. knoxPK

    knoxPK Well-Known Member

    Over the past few weeks I've posted several times concerning my personal credit report, I'm finally getting some response. On 2/5 I requested verification of a debt(apartment lease breakage/eviction)That is 5 yrs old this month. On 2/10 the CA recieved my validation letter. By 2/14 I recieved a signed contract copy with my signature and 2 seperate pages 1 called "Intention to claim on security deposit" the other called "Deposit disposition" neither of those 2 documents have my name. They itemize the balance owed including 10 months of rent that i didnt live there however the name under the itemized charges is my brothers.
    Today 3/2 I recieved a letter with the standard mini miranda"Attempt to collect on a debt..blah,blah"
    Then they go on to say:
    "At this time the above captioned file is being reviewed for our clients approval for referral to their attorney's office for immediate action. This communication is from a debt collector not an attorney.If a suit is filed which results in a judgement, youmay incur court cost, attorney fees and interest. settle this matter NOW or:
    1)complete a suit request form which contains:
    a. verification of your employment
    b. confermation of real and personal property
    c. name and address of bank and account numbers
    d.verification of equity of motor vehicles
    e.confirmation and location of all assets legally attached after judgement
    2)recommend to client that legal action is warranted by their attorney
    3)Place this legal debt on all appropriate credit bureaus

    Your failure to act responsibly has caused this course of action.Pay your obligation now!

    Sincerely,
    Scumbag"

    ______________________________________________________________________

    1st they still have 8 calendar days to validate and the CRA has 5 calendar days to verify. They have NOT marked my account as "in dispute" yet. They probably wont. I am sure that this letter tells me they will likely verify with the CRA even though they didnt validate. I also know they arent lic or bonded to collect on a debt in tN. On my TU credit rerport this how the acct reads:
    1st fl fin
    act#12345678
    placed for collection
    updated 11/99 balance $5600
    placed 8/98 most owed $5600
    status of 11/99 colection acct

    Do you see any other violations of the FCRA or FDCPA?
    Remember I was evicted 3/98 that means I didnt pay since at least 1/98 but everything reflects more recently than that.
    Finally since they are P***ing me off do I just wait for the time limits to expire and see how it looks then on my CR or do I fax a letter ASAP?
    _________________


    BTW, They didnt send me ANY type of accounting statement concerning this alleged account and also they day they signed for the validation was the day they sent the reply. If I am not mistaken the validation info has to be obtained by the debt collect directly from the OC then sent to the alleged debtor. I dont see how they couldve done that all in 1 day..anyway thought I'd give as much info as possible.

    pk


    Ps Bill I know the LIC/BONDING issue isnt FCAR/FDCPA violation but it probably will get there wrist slapped by a judge or the TN attorney general.
     
  2. lbrown59

    lbrown59 Well-Known Member

    I know the LIC/BONDING issue isn't FCAR/FDCPA violation but it probably will get there wrist slapped by a judge or the TN attorney general.
    knoxPK
    =====================
    The question is does one have an obligation to pay an unlicensed illegal entity>>
    >>The END ************************* LB 59<<
     
  3. knoxPK

    knoxPK Well-Known Member

    lb

    good pont..LOL
     
  4. shortt23

    shortt23 Well-Known Member

    I don't know how you would find out, but they can't charge you rent for the remaining months in your lease if someone else moved in with the 8 months they are charging you for. They can't charge double rent on the same apartment.
     
  5. four20nik

    four20nik Well-Known Member

    1) they cannot charge you rent/lease if someone else has moved in.

    2) your state may have fcra/fdcpa laws that pertain to being licensedin your state. I know in TX, being licensed is part of the state fdcpa laws.
     

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