Im trying to post the attorney letter put cant copy and paste I have scanned it and can e-mail but I want all to see any suggestions?? do u want me to e-mail it to you?
sorry its taking me awhile to get on here I have kids to take care of. anyhow, cant get the letter to post so ill type. Re: cap 1 this is my clients last attemt to resolve this dispute with your company, my client has no written contract with you and is not indebted to you in any amount and has not incurred any debt based upon your claim. you have refused to remove the adverse designation on their credit report with TU and the other CRA. my client has complied with & completed all the pre-litigation dispute requirements and you have failed to remove inacurate information from their credit report. 15 U.S.C 1681 at seq] in addition unless you provide me with proof that this debt is removed from their credit report within 30 days my client will seek judical relief against you as a furnisher. this is what I have this code is this not what you are referring to hiding90? I just read all your suits and it appears by the CC you sited we are in the same state, I would be interested to learn more about your procedures. and what county you are filing in. of course small claims has no attorneys but for the civil suits were you in pro per? instead of arguing opinions or interpretations of law I would like to see for myself this play into action. I have used some of the methods that you say are not redemable by consumers but yet they have worked as far as the CA and the validation process after the 30 days. Im not sure what it all entails as far as suits are concerned by the CA have always responded to my requests for validation. would you be willing to discuss the law a little more.
Yup... Well the general code is 15 U.S.C. § 1681. But it concerns me that the letter was sent to the credit card co. 15 U.S.C. § 1681s-2(b), is the ONLY section relating to orginal creditors/furnishers of info. IF you had already disputed the account with the reporting agency, and I think that you did, and the furnisher supplied "unverifiable" info, thus making the reporting agency report inaccurate info, then you would have a cause of action under 15 U.S.C. § 1681(b). NOT section (a). SO make sure the dispute was sent to the reporting agency I can only imagine that the purpose of the letter is to give the furhisher to an "extra opportunity" to notify the reporting agency to delete the account or you will sue BOTH. Let me know if this is the case So it seems we were both right. You got the "offical section number" and I was referring to the "short title" By the way, if you are in CAL. the civil code makes the oringinal creditor a "debt collector" ... FUN, email me and Ill let you know about CA courts. I am always up for discussing the law
"I have used some of the methods that you say are not redemable by consumers but yet they have worked as far as the CA and the validation process after the 30 days." -Yes, they can work -But like I said before, they work because the collection agency doesnt want to deal with a "difficult" consumer. It is much easier to just delete your account and move on to an "easier" debtor who will just give in. Plus most collection agency attornies dont know the law, and may actually beleive you can file against them -I think I mentioned this before, but what I post is usually from the stand point of the "last resort". After you have sent all kinds of letters, and nothing seems to be working
thanK god we finally agree yeah I cant e-mail you its blocked somehow can you e-mail me? and it is under section b of 1681 and yes the attorney is giving them one last opportunity to delete. i already sent a copy of this letter to all the CRA and informed them that they were supplied inaccurate , unverifable information from the furnisher and that I myself was requesting deletion or my attorney would sue the CRA for failure to maintain procedures to ensure accurate info being reported. but unfortunately this got me now where but a letter stating we are unable to use the documents you sent we need you to provide a letter or document directly from the furnisher. what a joke ! guess they like being sued. this has been a 5 1/2 month fight im getting drained.
I have a Summons to Appear for a Pre-Trial Conference. I'm in FL the CA is not. Here is a paragraph in the Summons: "You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute; exhibit any documents necessary to prove the case; state the names and addresses of your witnesses; stipulate to the facts that will require no proof and will expedite the trial; and estimate how long it will take to try the case". The attorney isn't even going to be here. The Judge is allowing him to handle his end over the telephone. It sounds to me like they would prefer to handle the situation at the PreTrial Conf. I hope our favorite JDB provides his goods cause i've got them with multiples of FCRA 623 (b) as well as multiple attempts to seek validation without even an answer, recorded harassment after a C&D for written correspondence only..just to name a few. I'll give it my best, that's all i can do.
