about a year ago, with help from this site, I got a dismissed with prejudice against CACH and their attorney...they never validated the debt had no proof so the told the judge they were dismissing w/prejudice. (I agreed to drop my counter suit of their violations. Fast Forward today>>> I check credit reports this week, CACH updated my file, changed the amount due and are listing the account as open....(not in collections). All this within the last month, all three credit reports. Since I dropped my counter suit (for the violations they committed back then) can/should I file a suit against them for the present violations since they never validated in the first place. Should I send them an ITS with the violations include (a copy of the Complaint I intend to file with the courts) and demand removal from all three credit report and a settlement amount of 75 percent of the violations and let them know if I don't get a response in 30 days I will file my complaint with the court (which I fully intend to do)?
Dispute the debt with the credit bureau. If they update after you dispute it AND they have not validated the debt, that's a clear case of continued collection without validation (FDCPA) unless CACH is the original creditor. (I can't tell from the post). If they are the original creditor, whether the account is open or closed, they can still report it to the CRAs but, if they do, they have to report it accurately (as in 100% accurately). If it is not 100% accurate, then you can dispute the errors regardless of whether you sued them or not.
The plaintiff dropped the suit w/prejudice, you did not prevail in the lawsuit. The can still attempt collection. How did you dismiss your countersuit? I do agree with Bob that this is continued collection activity. Most FDCPA violations have a one year SOL.
