HELP!! EXPERTS NEEDED!!What now???

• 
  Let me try to comment on the Atty's letter ...
  
  1a. "Your letter of September 22,2003 references â??possible inaccuraciesâ? in CRA reports. We are not aware of any inaccuracies in CRA reports. Please provide us with copies of the CRA reports noting which inaccuracies you are referring to. DCI Credit Services cannot respond to something as vague and indefinite as â??possible inaccuraciesâ?."
  
  1b. "Any presumption by you that there is no debt would be an inaccurate presumption."
  
  He is right. This is a collection agency and according to them, you owe the debt, therefore there aren't any inaccuracies.
  
  
  2. "Please keep in mind that DCI Credit Services is a collection agency, it is not a credit reporting agency."
  
  He is right again, but he gives you a clue to dispute the TL with the CRA.
  
  
  3a. "If you feel that there have been criminal violations of the FDCPA or FCRA, or other federal statutes, then you should file the criminal complaints, not threaten to do so."
  
  3b. "Again if you feel that they have been in violation of that statute, then you should take legal action. If you feel you have been defamed, that there has been a violation of any federal law, or that there has been fraud, then we invite you to pursue those remedies through the court system."
  
  What he's saying here is: "Listen, I'm a lawyer. I go to the court every day, that's my job. You, on the other hand, are a regular person. You gotta be scared, very scared if thigs come to taking a legal action." Blah, blah, blah ... yada, yada, yada ... This is just to scare and distract you.
  
  
  4. "In your letter of October 28, 2003, you state that you are restating your demand for proof of the debt. In reviewing your letter to DCI dated September 22, 2003, I donâ??t see where you have demanded any proof of debt. Your letter deals with credit reporting agencies."
  
  Wrong! As Butch stated, in your first letter you requested "validation, i.e., competent evidence that I had some contractual obligation". You don't see what you don't wanna see.
  
  
  5a. "Your letter of October 28, 2003 references 15, USC 1692 and requests evidence of authorization. I donâ??t understand your request for authorization."
  
  5b. "DCI Credit Services is not in violation of Section 1692 (e) or (f)."
  
  Wrong! If he doesn't understand, he better start looking for a new job ... He is actually again playing with the words, just to confuse you. Here is what the law says:
  
  [color=0066FF]Sec. 1692e. - False or misleading representations
  
  A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
  
  (2) The false representation of -
  
  (A) the character, amount, or legal status of any debt;[/color]
  
  [color=0066FF]Sec. 1692f. - Unfair practices
  
  A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
  
  (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.[/color]
  
  He, respectively the collection agency, is trying to collect a debt without providing an evidence of the accurate "[color=0066FF]amount[/color]", and, without providing the "[color=0066FF]agreement creating the debt[/color]", so they are in violation of both subsections.
  
  
  Hope this makes it more clear for you. Will wait for Butch's version of the letter ...
  
  ____________________________________________
  
  Oops, just saw Butch's last post ... in that case:
  
  A) If DCI Credit Services IS NOT the correct name of the collection agency, they violate Sec. 1692f. (14) "[color=0066FF]The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.[/color]"
  
  B) If DCI Credit Services IS the correct name of the collection agency, but they also work as a credit reporting agency, they lie in their letter and violate Sec. 1692e. "[color=0066FF]A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.[/color]"

 

Re: Re: Re: HELP!! EXPERTS NEEDED!!What now???

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

 

Re: Re: Re: HELP!! EXPERTS NEEDED!!What now???

• 
  I am in NY, it's 3:30 in the morning and I gotta get up early ... Will catch up tomorrow.
  
  Good job, guys ...
  
  
  
  P.S. No, I don't think Butch or anybody else will "do it for you". My intentions have always been (and as I know, Butch's too) to give enough knowledge, so you can understand it and do it by yourself ...
  
  JMHO ...

 

Re: HELP!! EXPERTS NEEDED!! What now???

• Few more questios ...
  
  1. Do you have a hard inquiry from the same CA?
  2. Is the account reported as "in dispute"?
  3. Did CA reported the account to CRA after your first letter?
  
  
  P.S. Here is an "Intent to File Lawsuit sample letter, but don't hurry yet ...

 

Re: Re: Re: HELP!! EXPERTS NEEDED!! What now???

• From your first post: [color=0066FF]I just got back a letter from the Collections Agency's lawyer ...[/color]
  
  From DCI's letter: [color=0066FF]Please keep in mind that DCI Credit Services is a collection agency ...[/color]
  
  From your report: [color=0066FF]Collection Account ...[/color]
  
  
  So how come a CA is not involved?

 

Re: HELP!! EXPERTS NEEDED!! What now???

• 
  The options I see:
  
  1. Removing the TL. We'll give you a hand to write the appropriate letter. Eventually taking the CRA to the court if they fail to remove the TL.
  
  2. Finding the best way to take the CA to the court for multiple violations of FCRA and FDCPA:
  
    - *** FCRA § 623 (a)(1)(A), knowingly reported incorrect information
    - *** FCRA § 623 (a)(3), not reporting that the account is in dispute
    - FDCPA § 807, using misleading representation by stating they are not a CRA
    - FDCPA § 807 (2)(A), false representation of the legal status of a debt
    - FDCPA § 809 (b), failure to send you verification of the debt
  
  *** These could be enforced by FTC only, not by you
  
  
  Here is a sample letter to the CRA:
  
  «Your Name»
  «Address1»
  «Address2»
  «City», «State» «Zip»
  
  «Company»
  «Address1»
  «Address2»
  «City», «State» «Zip»
  
  «Date»
  
  Re: «Name of OC/CA», Account #_________
  
  Dear Sir/Madame:
  
  I am writing to dispute the validity of the above referenced item pursuant to the FCRA.
  
  1. The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. As of today, «Date», I have not received your verification.
  
  2. Since this account is listed with zero balance, I have never received any collection notice from «Name of OC/CA».
  
  3. I have contacted «Name of OC/CA» several times regarding this account and they have failed to provide any evidence that this is my account. I am attaching a copy of my correspondence with «Name of OC/CA» for your review.
  
  Having said that if you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. Because the FCRA provides concurrent jurisdiction in federal and state courts, I shall elect to use the [insert jurisdiction in which you reside, e.g. YourCounty, YourState Superior Court] to bring appropriate action against you.
  
  While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.
  
  I look forward to an uneventful resolution of this matter.
  
  Sincerely,
  
  «Signature»
  «Your Name»
  «Your SSN»
  
  
  
  Butch ... ?

 

Re: Re: Re: HELP!! EXPERTS NEEDED!! What now???

• For the FCDPA violations, you can sue them by yourself.
  
  For the FCRA violations, you have to file a complaint with the FTC. These are violations under § 623 (a) and § 623 (d) clearly states that "[color=0066FF]Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.[/color]"

 

Re: HELP!! EXPERTS NEEDED!! What now???

• Hold on, wait for the cavalry, don't take my word only ... Meanwhile, read To Live Not To Die - it was inspired by our discussion yeasterday ...

 

Re: Re: HELP!! EXPERTS NEEDED!! What now???

The enforcement of Section 623(a) violations is not exclusive to the FTC.

Sassy

 

Re: Re: Re: HELP!! EXPERTS NEEDED!! What now???

• Agreed. I thought I made it clear quoting the actual subsection ...