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collection attempt after crrr?

Discussion in 'Credit Talk' started by Shorty-red, Dec 21, 2003.

  1. Dec 21, 2003 #1
    Shorty-red

    Shorty-red Well-Known Member

    Sent Validation letter to CA, they signed green card on 12/3/03. Pulled EQ on 12/12, 12/17, 12/18, 12/19, 12/20 and accounts are still showing as they were before I sent validation letter. The last "Update" or "Date Reported" is sometime in 2001. There is NO notation saying account is in dispute or anything. Is failing to note that account is in dispute considered Collection Activity and / or is failure to note dispute a violation?

    Thanks,
    Shorty
     
  3. Dec 21, 2003 #2
    mitch001

    mitch001 Well-Known Member

    Yes! By all means it is considered collection activity. In essence they are telling any would be future creditors that check your report that you owe $.

    And YES, it is a violation of the FDCPA 809 (b). Save all your paperwork for a suit.
     
  4. Dec 22, 2003 #3
    Shorty-red

    Shorty-red Well-Known Member

    Thank you very much for your reply Mitch. I thought so to, but wanted to make sure before I contacted an attorney. Plus, I was analyzing the FCRA, and had not really analyzed the FDCPA yet.

    It's 5 separate accounts, so that's 5 grand if I'm correct. With that amount, I can be completely out of debt!

    I'm so glad I found this board, and other people interested in their rights as I am. Merry Christmas All.
    Shorty
     
  5. Dec 22, 2003 #4
    Shorty-red

    Shorty-red Well-Known Member

    While reading the FDCPA, I think this falls under 807 (8) :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.
    Or, would this be two violations one violation of 809(b) and a separate violation of 807(8)?
    Any help is appreciated.
    BTW Mitch, I am keeping copies of the letter I sent the CA, and copies of the daily Credit Reports from Equifax.
    Thanks!
     
  6. Dec 22, 2003 #5
    mitch001

    mitch001 Well-Known Member

    You are correct. One count of each.Good insurance policy when you go to court since you have 2 violations. Doubles the chances that the judge will rule in your favor.

    Good luck
     
  7. Dec 23, 2003 #6
    Shorty-red

    Shorty-red Well-Known Member

    Bump
     
  8. Dec 27, 2003 #7
    lbrown59

    lbrown59 Well-Known Member

    Shorty-red Bump
     
  9. Dec 29, 2003 #8
    Shorty-red

    Shorty-red Well-Known Member

    ty lbrown.
    Just an update, they have deleted one of the accounts, their 30 days are up either Friday the 2nd or Monday the 5th. Haven't pulled EQ in a few days, going to pull it now. Getting a modem @ home in about an hour, hope it works and I'll be online @ my house with an update.
    Shorty
     

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