Hey guys, I guess I've taken care of the easy ones - now come the hard ones. I received the following letter 6 weeks after my first valdiation letter was signed for by them. 3 weeks after signing for it they verified with Experian. The debt is 3 years old and I don;t believe it is mine - they are thr 4th CA to have it - the other ones all fell off with simple disputing to CRAs. This is the first contact from them - they popped up on 2 of my reports 2 months ago. Oh and they just dinged one of my reports with two hard inquiries within the last 10 days. ---- "As stated in our previous contact with you , we have initiated further collection efforts as a necessary step to gain information to assist in obtaingin payment in full of your delinquent account. We have come to the conclusion that we may take the necessary lawful steps to collect your account. Our efforts include obtaining a credit report and conducting other research to verify employment and obtain information related to your asstes. The information obtained from these proceedings will be used to obtain payment of the entire balance including any and all costs applicable, should you choose not to contact our office. Please contact our office immediately at 1-800 to arrange to repay this account on a voluntary basis. Sincerely, This is an attempt to collect..." ----- Well what do you guys think - big trouble or empty bluster? I think I have them on verifying after receiving my dispute, and no info regarding my right ot dispute on first communication. Any constructive feedback appreciated. Thanks
They are hanging themselves... "we have initiated further collection efforts "... are they idiots? Where is their validation? I would threaten lawsuit now.
Thanks for response. I didn't mention that they aren't licensed in my state as required by law. I'm trying to decide if I should send estoppel and then intent to sue and then file or just go ahead and intent to sue and then file. I'd like to get them on a few more violations to counter their 'claim' of ~1100. Thanks
How can they claim anything w/o validation?? Do you have recent denials? (damages) How many times have they contacted you? Did they mark 'in dispute' on your reports?
"How can they claim anything w/o validation?? Do you have recent denials? (damages) How many times have they contacted you? Did they mark 'in dispute' on your reports?" 1) 'Cuz they don't particularly care about the law 2) No denials - cuz I havent tried. Perhaps I should get actual damages before suing. But if I have a few blemishes on my reports, how do I prove it is because of this one issue? 3) This is the first contact - even tho the letter mentions a 'previous contact' - its actually this bald-faced lie that is themost shocking to me 4) and no they havent reported it as being in dispute.
Have the people that give you a denial put it in writing that it is because of collection account (because of one single issue.. I dont know) Also you could ask your current creditors for better terms.. possible denial, and they will give you reasons... If they haven't marked your credit reports, I would ask for 3k in violations right there, plus the fact they 'verified' it to the CRA. I am fairly new to all of this, but I think you have reason to threaten suit for 5k... If anything you will get deletion.
actually it will be my only unpaid collection on one report shortly. I think I'll keep hammering them - allowing them time to screw up more, while I get the rest of the report clean. Thanks
You can change the language from: "Based on the Defendant's above actions, the Plaintiff has suffered denial of credit in the aggregate sum of $_______, humiliation, mental anguish and emotional distress. " "Based at least in part on the Defendant's above actions...blah, blah, blah"." Or something to that affect. If you can't prove that it is entirely their fault, you can still show that it is partially their fault. I think LizardKing, in his Sears Complaint was able to show that Sears was THE ONLY reason for the drop in score and denial of credit, but if there is anything else on there, unless something obvious like a bk, it is hard to hold them fully responsible although we try L