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Discussion in 'Credit Talk' started by lucas222, Mar 26, 2003.

  1. lucas222

    lucas222 Well-Known Member

    HI Gang,

    Just thought i would say hello and let you know my repair adventures are going well.
    I've had several derogs removed just in disputing alone with EQ and EXP, two weeks ago i started on TU so that is ongoing. i'll let you know later.
    I have two CC charge off accounts that have came back verified, one is outside the SOL and the other is still with-in, they are but CAs.
    Of these two accounts neither have validated the debt to me i have sent two letter to each of them CRRR, and they ARE NOT sending Validation material. One is ignoring me and the other is saying as soon as the get it from the OC they will sent it to me, that was 2 1/2 months ago.

    MY QUESTION:
    How do i get a lawsuit going againest these CAs?
    I plain to send out an intent to sue letter as soon as i know how to start a lawsuit, lol.
    I live in North/South Carolina area, thanks for your time.

    Lucas
     
  2. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    For the one that says they will validate as soon as they get info from the OC, have they marked it 'in dispute' on your reports?
     
  3. lucas222

    lucas222 Well-Known Member

    Actually they didnt they just verified it with EQ and Exp, i willnt know about Tu until as late as the 17th of april.
    But i believe i have them of 3 or 4 violations.
    Not validating to consumer and then verify to CRA- 2 or 3 accounts
    Not marking as disputed to CRA-
    Add to CR when in Dispute-
    and so on.

    Thoughts anyone?
     
  4. jlynn

    jlynn Well-Known Member

    Other than not marked in dispute, what do you plan to sue them for?
     
  5. lucas222

    lucas222 Well-Known Member

    They are suppose to Validate to me and if they cant then they SHOULD NOT verifly to the CRA, isnt that a violation?
    And if they do verify to the CRA it is a $1k for each CRA, correct or no? 3k total.

    Lucas
     
  6. jason_l

    jason_l Well-Known Member

    My take on this: validate means prove its valid.
    if they are knowingly reporting an invalid debt/collection then you should be able to come up with a few FDCPA violations along the lines:

    false representation of the character, amount, or legal status of debt

    false representation or implication that consumer committed a crime OR OTHER CONDUCT in order to disgrace the consumer (ie, they're saying i'm a deadbeat)

    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.

    The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
     
  7. lbrown59

    lbrown59 Well-Known Member

    [ lucas222
    ==============
    Have you sent estoppel to CA?


    The END ************************* LB 59
    QUOTE]Originally posted by lucas222
    HI Gang,

    Just thought i would say hello and let you know my repair adventures are going well.
    I've had several derogs removed just in disputing alone with EQ and EXP, two weeks ago i started on TU so that is ongoing. i'll let you know later.
    I have two CC charge off accounts that have came back verified, one is outside the SOL and the other is still with-in, they are but CAs.
    Of these two accounts neither have validated the debt to me i have sent two letter to each of them CRRR, and they ARE NOT sending Validation material. One is ignoring me and the other is saying as soon as the get it from the OC they will sent it to me, that was 2 1/2 months ago.

    MY QUESTION:
    How do i get a lawsuit going againest these CAs?
    I plain to send out an intent to sue letter as soon as i know how to start a lawsuit, lol.
    I live in North/South Carolina area, thanks for your time.

    Lucas
    [/QUOTE]
     

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