Do i have enough here ?

Discussion in 'Credit Talk' started by holis, Sep 17, 2003.

  1. holis

    holis Well-Known Member

    Need some advice on next steps.

    I have been working on the validation route and one of the ca's has broken the law (gasp)

    I have the following on a certain CA:

    1) Tring to collect via phone during validation period THREE TIMES

    2) Not marking "in dispute" with CRA (6 accounts X 2 CRA) 12 TIMES

    3) Verifying with CRA while not VALidating with me 18 TIMES ( 6 accounts X 3 CRA)

    4) Tring to Collect via mail 8 times during validation period

    They have sent scree printouts early in the process but i immediately responded with the wolman letter and demaded that i get something that has my signature and a full accounting of said accounts.

    we are currently in the Estoppel period and I plan to send ITS approximately 9/30/03

    Do I have enough ? Should i go to an attorney or take this on alone ?

    Looking for specidfics on what to say in the suit when i file.

    Thank you so much for all your help!!!!
  2. holis

    holis Well-Known Member

    GEORGE, butch, Flying, Jlynn etc ?!

    If you have time, Please respond!
  3. Flyingifr

    Flyingifr Well-Known Member

    You won't find an attorney who will take the case vecause the dollars are too few, so you're going to do this in Small Claims Court.

    If I were you I would be sending each CA an ITS letter detailing the particular FDCPA violations and demanding a check for $1000 per violation within 21 days. On the 22nd day if I didn't have the check I would file a suit.
  4. connorw

    connorw Well-Known Member

    I'd try and search their member base for a lawyer near you who does FDCPA/FDRA, you may get lucky especially if you talk defamation. Maybe not. Of course if you prepare it all and get it ready to go and all the lawyer really has to do is make sure you've got your I's dotted and T's crossed and show up in court they may be willing to do that for a fee, which of course you're passing off on the CA anyway.

    You never know if an attorney will take it or not unless you talk to one. Getting their opinion and having them go over what you have is usally part of the 30 min free consult many offer.

    I have a couple of friends who hunted around for an attorney for a while on a labor issue, finally found one who'd do it for $250 down for faxes, letters and paperwork costs and the rest at the end. One of them is even paying the attorney $50 every two weeks... and the attorney is good.

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