Is it enough for a CA to violate the FDCPA or FCRA to take them to small claims court OR do you need to be able to prove damages, such as denied credit? Just curious - seems to me, even if I go to court with an FDCPA violation + denial of credit they can argue that even without their derogatory tradeline I still would have been denied because of other derogs on my report. Right or wrong?
Get a denial with the reason code of "Collection Activity" figuring prominently. Or get a denial or approval with a letter stating that their collection is what's keeping you from getting a better rate. You need to prove damages. I have a recent CH7 but my number one reason for denial was the Collection accounts that are being erroneously reported. Dancer
