In case anyone cares, I filed against that PAID CA, for FDCPA violations (5). I had already mailed them a settlement (deletion) before filing, they said "we were within our legal rights" WHATEVER. The court wouldn't let me send a "settlement offer", but it only cost $35 and the court serves them not me. Seeing as the CA didn't take the first offer (deletion), the only settlement I will offer now is $2500 and deletion. I hope they were calling my bluff and settle before court. I've never sued anyone before and I am EXTREMELY nervous, I don't have a SOLID SLAM DUNK case. Thank you everyone ESPECIALLY Bobbi for the knowledge and encouragement to fight for my rights!!!
KHM- What all is involved. I have 2 things going now that I may want to pursue. The 1st being the collection man that was dumb enough to tell me he was going to re-age the account and call me a bleep right on my machine. The other is a collection company that is REFUSING to remove a listing for medical services that the office has written letters stating I am not the responsible party on the account. Anyhow, let me know how things turn out for you. Best of luck!
Ohno- Sounds like you have a better chance at winning than me. Quick rundown of my scenario- Hubby had an unpaid electric bill sent to CA 2/99ish (we moved never got last bill) got a copy of hubbys report late 5/99, saw the CA account, *I* called and asked who they were, what they were collecting on etc. (we were only BF/GF NOT married) they gave me ALL the info on it. I sent a check done deal. VIOLATIONS: speaking to a 3rd party (me), never sending "were collecting this debt letter saying you CAN dispute" (2 violations) Account 2 (same CA) medical bill, we thought ins paid it, I pulled hubbys report 8/01 saw it on there, *I* called the CA set up 4 payments (debited checks).VIOLATIONS: speaking to 3rd party (me again), not sending the collecting a debt letter, not sending reminder notices about them deposting the checks (casue they were preauthorized). I called the FTC, they said we have a definite case. I sent a "settlement letter" giving them 10 days to delete or get sued, hubby called last night and they said they wouldn't delete. So I filed. They had their chance, the worst that can happen is the judge says, you have no case cause the bills are already paid.
HAHAHAHAHAHAHAHAHA!!! I was kind of leery about the "communication w/third parties" part of the FDCPA, they violated that by talking to me about hubbys debt. However the first debt in question we weren't married so I definately have them there, but for the second debt we were married. The FDCPA says "this section consumer also means, spouse, guardian (for minors), etc." WELL WELL WELL I find NH State Act, which basically covers everything the FDCPA doesn't. THAT says " the State Act further limits contacts with spuses, parents (etc) to ONE instance for the sole purpose of locating the debtor when the debt collector has been unable to locate the debtor for at least 30 days!!!!" I've got them ALL around. I hope the don't fold and actually let this go to court, my ducks are in a row and are gonna "quack" my way to a quick $5.000!!! Thanks for listening!
Good morning, again, KHM, Did you get your e-mail? You don't have a thing to worry about. Just get your 5K and run to the nearest mall, or take a second honeymoon. You've earned it!! Best of luck Bobbi
I did Bobbi- I think this $5K will finally put us where we WANT to be in order to buy a house (savings wise). Thank goodness it's a buyers market out there
And they say you can't buy a house with bad credit. LOL. When the lender wants to know how you managed to come up with a 5K downpayment, tell them it's all due to having a screwed up credit file. Bobbi
