About 2 months ago, I got an initial letter for collecting a $125.00 eBAY account that I know nothing about. I sent a validation letter CMRRR, no response. I got a letter today saying they are going to use all resources available to collect since I have not bothered responding to the debt. I know this is a violation. can I just sue them? It is not on the credit report, and I dont think it will ever be there...but I have been on a roll lately with settling all my lawsuits (I have sued 16 CA's and OC's in the past year) so I was wondering..should I just sue? All my other suits involved non pp inq's or something of the sorts....any advice?
They continued collection efforts without responding to a valifation letter? Sounds like a FDCPA violation to me. You've successfully sued 16 times and you have to ASK if you should sue a 17th time? Are you getting soft in your old age or is it "Be Kind to Bill Collectors" month?
yeah, you're right, I will file against them Monday..get me another cool grand. I havent made a house payment in almost a year...thanks to collection agencies!
About 2 months ago, I got an initial letter for collecting a $125.00 eBAY account that I know nothing about. 1* I sent a validation letter CMRRR, no response. I got a letter today saying they are going to use all resources available to collect since I have not bothered responding to the debt. I know this is a violation. can I just sue them? It is not on the credit report, and I dont think it will ever be there...but I have been on a roll lately with settling all my lawsuits (I have sued 16 CA's and OC's in the past year) so I was wondering..should I just sue? arobinson ========================== Follow the process and allow more violations to build a stronger paper trail before suing. """""""""""""""""""""""""""""""""""""""""""""""""" What Is Validation? http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation Validation must reads Per Humblemarc http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=343640#post343640 Validation & Estoppel letters http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=345391#post345391 COMPOUND INTEREST ~ Rule Of "72" And Your Score http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=335821#post335821 FixYourOwnCredit! http://consumers.creditnet.com/stra...848&highlight=fix+AND+your+AND+own+AND+credit """"""""""""""""""""""""""""""""""""""""""" '''''''''' `````````` '''''''''' It's not what you spend it's how you spend it. ----------------------------- BACKGROUND: 1*Asset Management 19Years 2*Financial Services 19 Years 3*Insurance 19Years 4*Stock Market 19 Years 5*Owner of - BUDGET HOMES CO. 30 Years ~~~~~~~~~~-----------~~~~~~~~~~----------~~~~~~~ You did not damage your credit in a day-They screw it up instantly ! ----------~~~~~~~~~~-----------~~~~~~~~~~-------------- LB 59 THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
I can sue? after what conditions? They refuse to stop calling and I have emailed them. I could really use the money, my bill is only $88...that should tell you how broke I am. Where do I go to sue? Also looking for good credit repair expert in Southern California. I have only a few small collection accounts a BK that should have cleared april 12th, and stuff I paid that still shows outstanding.
Before you can sue, you need to go through the law exactly. As Joshua asked. In the original letter there should be a paragraph telling you that you have 30 days to dispute the debt, or ask for information about the original creditor. IF you respond within 30 days, and you have proof that you MAILED them within 30 days, you could potentially sue for continued collection activity. It's uncertain whether or not an e-mail disputing the debt, or telling them that it is inconvenient to be contacted via any certain ways would work exactly the same, unless you can PROVE RECEIPT of the e-mail.
No I did not respond other than by email. I am not disputing the debt I am just flat out broke. However, they keep calling my personal small business line. Is there a quick link for the law I need to follow?
FTC Office of the Secretary - Fair Credit Reporting Act Links With e-mail you can't prove receipt. You need to send a postal letter, CMRRR... or (possibly even better) FAX, because even though you can prove receipt through the fax transmittal receipt, they typically don't 'remember' that the fax machine generate the transmittal record. I've had one company get a large number of faxes, which were provable to have been received, and continue to contact me in 'inconvenient' means, as soon as the next fax with the receipts came... you can guess what happened...
Oh, one question... Since they're calling your personal small business line, is the debt a personal debt, or a business debt? The FDCPA only applies to PERSONAL debts, so if it's a business debt, you would have to check for other remedies.
