I can't believe what happened today... A CA that contacted me 3 months ago, typical collection letter. I sent them a validation request within the 30 days they requested. I recieved no response. After the 30 days were over, they placed an entry on all 3 reports. 2 of them listed in dispute, TU and EQ. EX was not listed in dispute. I then disputed through EX and it came back no change, still not disputed. I printed out all my proof from each dispute and tradeline. I sent CA a letter outlining their violations and demanding they remove the account from my credit reports. Today I recieved a letter from CA...almost full validation. They have my contract, delivery reciept, drivers liscence and an abbreviated payment history. The bed we bought started out at $480.00 and we paid it down to $271.00 before Heilig Meyers went bankrupt. Thats how it is reporting on my reports $271. Their cover letter to the letter stated account number, name, etc. but a balance of $2077.58 My wife was livid and called them. (I know I couldn't stop her) My wife explained that we sent the bed back because it was damaged, and how are they charging $2000. The rep said they weren't charging that much, DW said I have it right in front of me yes you did. CA said would you like me to send you my computer to show you we aren't claiming that much...DW blew up and hung up. Well we have their letterhead claiming the $2077.58 but their invoice isn't complete, no complete payment history. I know what I should do, but I'm trying to figure out all my violations I guess. I know I got one for not marking the account in dispute on 1 report, but what other violation would that be them sending me a letter claiming $2000, even if it was unintentional...I just need some advice...reassurance.
Ok, hog-tie and duct tape your wife - or the phone! That was a joke...I can say it as I'm an ill-tempered wife as well How about this: § 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or Go get them!
You paid $209 AND sent the bed back??? Ask for $709 from the CA and you will GO AWAY... $209 YOU PAID ON A BED YOU DON'T HAVE AND $500 TO SAVE THEM FROM SMALL CLAIMS COURT... BY US MAIL...CERTIFIED R/R
I talked to edcombs.com today, and they are willing to take this case on a contingency basis... since the CA is now asking for $2077. I'm sending out all my info to the lawyer today! I have a feeling I may get paid!!
I can't believe what happened today... A CA that contacted me 3 months ago, typical collection letter. I sent them a validation request within the 30 days they requested. I recieved no response. After the 30 days were over, they placed an entry on all 3 reports. 2 of them listed in dispute, TU and EQ. EX was not listed in dispute. 0_0_0_0 /l ,[____], l---L --OlllllllO- ()_) ()_)----)_) Jeep or Die =============================== 3 Violations for reporting before validating.$3000.oo How much is their claim? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
0_0_0_0 /l ,[____], l---L --OlllllllO- ()_) ()_)----)_) Jeep or Die =============================== 3 Violations for reporting before validating.$3000.oo How much is their claim?
This original collection amount was $271.00, they bumped it to $2077.58 I drafted this letter as a last attempt to settle before I sign the lawyers papers: I regret to inform you that CA is the subject of a lawsuit for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, as I have sought the retention of an attorney to seek statutory and punitive damages accordingly. I have outlined these violations in my previous correspondences with CA which I sent Certified Mail and your company signed for on June 30, 2003. Among these violations: My initial notice from CA informed me that I could improve my credit report by settling an alleged debt. This letter failed to inform me of my right to request validation within 30 days as per the FCRA. (FCRA violation). I sent a request for validation Certified Mail, which Palisades signed for on April 7, 2003. I received no response from this letter. On May 15, 2003, CA places this account on my Experian credit report without marking the account in dispute. (FDCPA and FCRA violations) I disputed this account through Experian on May 22, 2003. CA verified that this information was correct on 6/11/03 and failed to note the account in dispute once again. (FDCPA and FCRA violations) I sent CA a demand for deletion, Certified Mail, which CA signed for on 6/30/03, due to the violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, or I would seek legal recourse. CA sends me documentation on July 31, 2003, showing a new unsubstantiated inflated balance of $2077.58. (FDCPA violation) I disputed this account information through Equifax and CA once again verifies this information to be correct and fails to mark the account in dispute. (FDCPA and FCRA violations) I contacted a CA account representative after receipt of the inflated balance of $2077.58 to complain about such an outrageous amount. The CA representative was very rude when I informed her that I had a letter from Joe Schmoe , Director of Operations, stating that CA has inflated the balance due to $2077.58. The Palisades representative said I had no such letter and stated â??would you like me to send you my computer to show you your balance?â? I informed her that I would send proof to CA that I indeed have a letter stating such as well as proof that CA has failed to mark accounts in dispute. I am now enclosing proof that CA has failed to mark account in dispute, AGAIN> Proof that CA sent me a letter stating the balance to be $2077.58, and the documentation I am ready to sign to begin legal actions against CA as proof of this allegation. We all recognize the time and expenses of litigating this matter through a jury trial. If CA would like to resolve this matter out of court and avoid the expenses of attorney fees, an ongoing jury trial, statutory and quite possible punitive damages, I am offering one last attempt at resolving this issue. I would be willing to consider an offer of settlement in the amount of $2000 and full deletion of this account from all credit reporting agencies, along with the agreement to close this account and not sell, transfer, or reassign this account to another lender in exchange for me not signing my attorneyâ??s retention papers and me dropping any and all legal claims against CA and itâ??s associates. I am sure you would consider this settlement fair as we can be sure that the repercussions from a lawsuit, attorney fees, repeated violations, statutory and possible punitive damages and the potential of a class action lawsuit would most likely be far greater than the amount I am willing to settle with now. I am giving CA 10 days from the signed, confirmed delivery date of this notice to respond to my request before I sign the agreement my attorney has provided and begin the litigation process. Please contact me if you would like to bring this matter to an end. Best regards, I hope it works...what do you think?
Change your settlement amount from $2,000 to $2077.58 I would be willing to consider an offer of settlement in the amount of $2077.58 and full deletion of this account from all credit reporting agencies, Good Luck
