Can anyone think of any more violations that CAs customarily do? Recently I got a letter which didn't have the original creditor, just another CA. It did have the miranda clause. I have asked for validation via CRR mail. Once I get the green card then I run the report to see if the account is noted as "in dispute". What other things should I be looking for a counter argument in case I get sued? As usual, you all are the best. thanks big time.
A lot of times they verify with the CRA without bothering to validate the account. It's a violation everythime that they do it. My suit secret is to make it very specific what law athey violated and when. They can be sued for them separately. Instead of taking your chances rolling them all together as one and only ending up with $1,000, you can file one infraction a week and make out like a bandit. I'm doing that withthe ones that I was going to hire a lawyer for. Where I am from, they can not have a lawyer(neither can I). So I am suing them for each separate violation of Federal and State laws. And YES, it's legal. Let me see, what else? Make sure they haven't pulled your credit recently. They're good for that as well. Check your records to see if they have put the account back on your file without proper notification. And don't forget to file complaints with your state AG, the BBB and the FTC. Good luck.
I thought if you owe the oc who assigned the account to the ca, that the ca could pull your report. Or is it just the oc who can pull your report because they have a permissible purpose? Sorry, I probably should already know this, but I think I'm suffering from the dreaded disease that afflicts all newbies, usually without notice, between the hours of midnight and 5 a.m. --C.N.I.O. CreditNetInformationOverload. I hear it's sometimes fatal and the only cure is a steady supply of fico points.
I'm fairly certain that the CA CAN pull your report, as long as it's reporting that you owe them $$$.
That's absolutely correct. If you had a credit account that went to a CA that is legitimate (and can be validated) then the CA can both be in your report and report the trade line... But... remember, the validation process challenges the presupposition that the account is yours... or that they can legally prove that the account is yours... and the CAs hate when we know this... because they can be collecting on a 200 account but violate your rights to the tune of 1k or 2k of violations... so they can lose money on collecting an account when they screw up....
lyttlemac, I think that if they make an inquiry into your cr while in the validation process, it's considered collection activity. I don't think it is permissable to continue collection activity during the validation process, which would be a violation! Sirrowan
Sirrowan, I believe you are correct on that point. It is also my understanding that while in the validation process, they cannot pull an inquiry as it is indeed considered "collection activity". The CA I am suing pulled a hard AND soft inquiry while I was requesting validation. The funny part is, it was already off my EXP report because EXP could not verify it! Even better, the first inquiry showed on my report the SAME DAY they signed for my 2nd letter and the other inquiry showed the SAME DAY their attorney responded to my 3rd validation request! They got served last Wednesday! I'll make my points in court and let the judge decide!
Check your reports for WHAT? If they sent you a letter and you are responding to it, then it's evident that they have the address correct. They have the account, so they don't need to check for anything else. What other accounts you have is none of their business. What report they have might not be an accurate description of your credit anyway. I'm suing a CA in Federal court for pulling my reports 3 times and not contacting me. They have never sent me a letter, completely ignored my validation requests and still haven't deleted. Pulled my reports for WHAT? Evidently not to contact me, because the first I've heard of it was when I pulled my reports in March. In fact, they pulled them once before placing it on Equifax and once before placing it on Experian. The third time was for fun, I suppose. They never gave me the chance to save my credit rating. Oh well, they can pay for my new Volvo.
