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Discussion in 'Credit Talk' started by LKH, Jul 20, 2001.
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THEY ARE SUPPOSED TO HAVE EVIDENCE THAT THE ACCOUNT IS YOURS...
I realize that. But they haven't even contacted me. Can they just report something without contacting me?
I think if they PROVED it was yours, they don't have to contact you...
BUT HOW THEY PROVE THINGS, LEAVES SOMETHING TO BE DESIRED...
Wow! that's not right! If they have the right person, why haven't they contacted you?
They just do whatever they please, I think. I just read the FDCPA, and I don't recall anything about placing entries on your credit reports. Where is that subject addressed I wonder?
I had one pop up on my credit report like that too.
Then when I called them to see what it was all about, they had no record of it and said it was an error on their part and it wasn't my account at all.
They wanted a copy of my credit report so I made them a special copy that showed only their listing and took it to them. They are a local agency and not all that far away.
I will give them a few days and if it isn't off when I check again, I'm not even going to call them, I'll just go down an d file a lawsuit on them for defamation of credit. That's a separate statute here in Oklahoma from Defamation of character. How much I will sue them for will have to be determined, but I'll just let one of my lawyers handle it rather than trying to do it pro se. I simply don't have the time to do a pro se on it. I gotta pay the lawyer even if he does nothing anyway, so why not let him earn his keep since there is nothing new for me to learn in this case.
LKH, that has happened to me. Colorado had state laws which required they attempt to contact me so I was able to use the attorney general and they (the CA) received a admonition by the AG. Of course,I had to follow the typical procedures..validation letter to CA...I made sure and requested proof that they had notified me. One said that they didn't have my address and so they had tried and couldn't (told the AG that). Anyway, I had lived in the same place for 3 years...and according to the date of service, it was the same address they had. Anyway...that's my story. I'm sorry this happened..it really stinks but I won these pretty easily. !
Nana - under what section of state code was the law re:collection agencies listed. I am in Arizona and realize it probably won't be the same, but it will give me a place to start. Did the Colo. law state they must contact you before placing anything on your report? Also, if they needed to contact me, my address is on my credit report.
LKH, no they could put it on my report and not contact me..but they had to do both.
I found this info at the attorney general's site. They had the state laws outlined. Will this help..it's for AZ?
Thanks Nana. I did find out that they must contact me which they have not done. Also, a few weeks ago, I got a notice that a collection agency (North Shore) had purchased a 5 1/2 year old small debt. The Az statute says:
"A licensee shall not be deemed a holder in due course even if he is an assignee for value, or otherwise gives value for the debt."
I take this to mean that I don't owe them squat. I have no obligation to pay them caca. Is that how you read it?
I looked all through the AZ statutes (from the lawdog site) and couldn't find one like that. There is one that says fraudulent entries on your credit report are a class I misdemeanor. That's all I could find. That and the typical "permissible purpose" stuff. Otherwise, AX, like VA, does not feel they have to add anything to the FDCPA and FCRA. They are "pro big business" states.
Isn't lawdog nice? Everything is right there when you click on a state and they even summarize inportant sections pf each states laws.
Breeze, I clicked on the link for the Az. state banking dept. from the link Nana si posted. From there I ended up at the statute page here:
It is under section 16 collection agencies
Nana si! Aahhaha..may I steal that?
Well I seem to have botched that up. This is the link
and this is the section
R20-4-1517. Holder in Due Course
A licensee shall not be deemed a holder in due course even if he is an assignee for value, or otherwise gives value for the debt.
Which paragraph? I can't find it - I mean I have the right page, but I don't see that particular rule.
Now you got my curiosity up. And it looks like section 15, not 16. duh
Nana si - I posted that for your benefit. It's all yours.
You are my hero!
they can but they shouldn't be allowed to:
this is one big reason we have incorrect reports!
They do it all the time.
With the one that put one on me erroneously, they had best get it off by the time I get my next report from the CRA or I am gonna turn it over to my lawyer and tell him to go for the kill big time. I told them once to get it off and that's all I'm gonna tell them. After that, it's strictly "Katy, bar the door cuz the shootin is gonna start.