DH had an AMEX account that went to collections last year. We paid in full to the collection agency via western union. Later we began receiving bills from Nationwide attempting to collect $108.00 on the same account. We demanded validation CRRR as per this board's sample letters. In response they sent us a packet of old statements showing the balance due at the time the account went to the collection agency. They then sent us a form from AMEX showing $0.00 due and when we called AMeX they said they didn't have a record of $108.00 being owed. We didn't hear from Nationwide again for several months, then last week they sent another collection notice. We'd like ot sue them for FDCPA violations - what do we have as grounds? Thanks for input Poochie
Misrepresenting the character, amount or legal status of a debt. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807 �§ 807. False or misleading representations [15 USC 1692e] 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: (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt;
Your Western Union payment receipt, combined with their Amex document indicating $0 balance show it was paid. The CA will likely just claim they made an innocent error if you sue, but you might want to document actual damages, particularly if they are reporting an erroneous tradeline. This will require that you also dispute with the CRA, and get the CA to verify their tradeline. You should also write Amex, indicating that the debt was paid, to who, and when, requesting that they confirm in writing that no balance is due. Notify them that this CA is attempting to collect on the same paid debt a second time. CRRR.
Thank you - I haven't pulled DH's credit recently but will do so this weekend. If Nationwide isn't showing a tradeline on the CRs do we still have grounds for suit? Thanks Poochie
