Re: UPDATE Pointing to the specific section in the doc posted by Fun, it took me a few reads to see this section, so I wanted to post the actual section. 3289. (a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation. (b) If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach. For the purposes of this subdivision, the term contract shall not include a note secured by a deed of trust on real property.
Re: UPDATE All outside of the SOL. And for the most part they were pretty thorough, but did not provide any contracts saying they are authorized to collect. One signed contract. They did have medical information that they forwarded.. including all info about my root canal, the doctor's statement says I owe $0. And one electric bill, I am wondering if I can pay the OC..
Re: Re: Credit Bureau = Collection agency? Yep, I know.. but they don't even seem to be doing what a CRA is supposed to do. I disputed a hard inquiry for a report I pulled myself, they failed to respond in any fashion.
Re: Re: UPDATE Ugh that seems quite unfair since it was not known in the first place.. bleh. I am about to curl up in the corner! yeesh.
Re: Re: UPDATE Nifty! How long do they have to list them in dispute? And I think I can also get them for not being a CRA although they say they are.
Re: Re: UPDATE 1*And one electric bill, I am wondering if I can pay the OC.. 2*And for the most part they were pretty thorough, 3*One signed contract 4*Nifty! How long do they have to list them in dispute? NyteAngel =============================== 1*Why pay it when it's past the SOL ??????-?-?-? 2*Just pretty thorough isn't really proper validation. 3*So what about the other 4 items??? 4*Soon as you disputed them.
Re: Re: Re: UPDATE Soley because I need these removed or need to show 6 months of consecutive payments by May 2005, so I am in a time crunch. One I will pay on principal. One of the medical ones should have been paid by insurance, the other I thought was paid, and the electric bill wasn't mine as I had moved out before that but they let the electric run for two weeks in my name after I had requested discontinuance.. but whatever, it doesn't matter anymore - I doubt they have records of it since it was from 98/99. At the end of their itemization it says $343 CR, and $0 balance. Says bad debt writeoff.. Then did the CA actually purchase it, I wonder. If it is written off, can they still hire a CA to collect it? I don't know much about this area. I need to likely prepare an ITS, but am unsure of if I can send an ITS for falsley labeling themselves a CRA when they've pretty much prooven they're not one. And the interest they're adding still miffs me.
Re: Re: Re: UPDATE An account which is written off can still be collected, the loss they claimed in the year that it was written off, is offset by the gain they claim in the year that its paid/sold.
Re: Re: Re: UPDATE Since the false and misleading representation is an FDCPA violation, its actionable. They'll probably shake their hands trying to figure out what you mean, and go to court ready to make sure everyone knows that they're a CRA. But to make sure that you got them both ways. You want to include the FCRA violations for them failing to provide the results for the dispute of the inquiry. Otherwise, they could try to wiggle out by saying they are a CRA, they just 'forgot' to send the results of the investigation, which you aren't suing for, that's it... This way, even if they wiggle out of the $5,000, you still have an outstanding claim in the suit for $1,000, which they'ld be admitting to by trying to defend themselves from the $5,000 charges. Basically a, as a CA the company is violating the FDCPA by falsly representing itself to be a Consumer Reporting Agency, AND/OR as a CRA the company is violating the FCRA by failing to provide to consumers the results of their investigation within 30 days of the receipt of the dispute.
Re: Re: Re: Credit Bureau = Collection agency? Well, they failed to respond to you in any fashion, but mysteriously, that inquiry was either deleted or softened on your credit report. They responded to the dispute as a data furnisher could, but not by providing the consumer with the results of an investigation like a CRA must under the FCRA.
Re: Re: Re: Re: Credit Bureau = Collection agency? Problem with this is that this inquiry ended up getting BUMPED by pulls from PG and Eq CWG, so it no longer exists due to bumpage - it was not removed, it got bumped the same day as a couple of other inquiries, at least I think.. though, I don't KNOW because they never responded to me! (They do not even know the difference between a hard and soft inquiry)
BUMP Thanks LB! I am now needing to draft a nice ITS for the violations, I just haven't had time lately. Ugh!!! I am gonna try $1000 for each account they violated on, not sure if I'll get anywhere.. but
