I've sent 3 certified letters, rrr, to a collection agency that is reporting me for 2 debts I have no knowledge of. I've called and faxed them as well. Each time I asked for validation or proof of the alleged debt. They have NEVER responded, except to sent another bill with interest accrued. I want to file against them in small claims, but I don't see any part of the fdcpa that requires them to provide proof AFTER the first 30 days of notifying me of the debt. I only see § 809. Validation of debts [15 USC 1692g] stating that they must validate if I dispute the debt within the FIRST 30 days of receiving the original notice from them. I did not do so. I knew about it for about 6 months before disputing it. So here's the question: Where exactly in the FDCPA does it say they have to validate AFTER the first 30 days of notifying me about the debt? Am I missing something?
Have they updated your credit reports to show disputed by consumer? If not, they are in violation of the FCRA under the section dealing with requirements for reporters of info. Read this FTC opinion letter: http://www.ftc.gov/os/statutes/fdcpa/letters/krisor2.htm and this one may or may not pertain: http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm
They have not reported the accounts as disputed. If they agree to delete after getting a court summons, should I still go for the kill and try to get $1,000 for each account? One is $34 and the other is $36. I have one other collection account that another ca has reported as disputed. But they refuse to validate anything for me. Can I do anything about that one? Also, I have repeatedly asked MBNA for verification/proof that I ever had an account with them and they never reply. They do not report the charge-off as disputed either. Do they fall under the same laws for being required to report it as disputed? Thanks a ton LKH.
I am trying to get familiar with the FCRA and FDCPA. Here is what I was able to find: Section 809(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. If the court can not miscontrue this as an admission of liability, how can the collection agency construe it as such. You are doing correct by asking for validation and keeping proof that they have refused to validate.
The fact that the creditors and CA's did not respond gives you the goahead to approach the CRA's with your supporting docs i.e. letters you sent w/green cards and insist they delete since they could not provide proof of the debt within the time allowed by law. Also, you are free to sue them in small claims court and as I see it you don't have to worry about settling with them for a deletion, as the CRA's will probably delete upon investigation anyway. Nail them for the money and make the CRA's delete based on inability to validate the debt.
Robin, Every time I have disputed these accounts with the cra's, they are somehow verified. If they always get verification, why would they delete based on my letters and green cards? Can I sue the CRA's for this?
I have several compnies that have not reported my account as disputed on any of my credit reports. Today is the 30th day since they signed for my disputes. I just pulled all 3 reports and only 1 of 6 companies reported account as disputed. When I go to small claims, should I file against them all at once, or one every few weeks? Will the court think something is fishy if I file at the same time against 5 companies? I personally don't think it should matter because they are all in violation of federal law! I wanna stick it to em!
* looks like 5 violations at 1000 Ea ** Could you handle 5 cases all at the same time? How would you appear at all 5 trials at the same time? Wouldn't you be spreading yourself a little to thin by taking them all on at once?.
Im having the same problem with a ca.They claim I owe them a bill in which I sent them a 30 day validation and then another one 60 day validation and they can't prove it.Plus they have not reported these claims as disputed on my credit reports.Can I sue the ca,and on what charges do they fall under the fdcpa.
