Hello all, I am a newbie, but I have nutcased/validated a paid collection. The account was placed on my report on 4/2000. I sent my first letter on January 20, the receipt was signed for on January 24, 2003. I also disputed this with all CRA, which has come back verified and is not showing consumer dispute. As of February 12, 2003, I was declined for household bank which states that I was declined due to Serious delinquency and public record. I have officially faxed and certified mailed an intent to sue. Since I don't want these people to think I am paying, I need some definitive violations for my small claims plaintiff statement. I am suing them under California FDCPA which outlines that they need to inform me of derogatory information prior to insertion on my credit report. Background, this company is Bay area credit service and I paid this account based on the fact that they said that I owed. Being young and uninformed, I would pay anybody who sent a letter and said I had a bill with them. Now I am screwed because this is showing on my credit report and I am unable to get it off with regular nutcasing. I am sorry, I paid them and this is totally unfair in my opinion. I also paid without verifying that this was mine ( I know stupid)
Epitomee said, "I am suing them under California FDCPA which outlines that they need to inform me of derogatory information prior to insertion on my credit report." How are you going to prove they didn't contact you (the flip side is, how are they going to prove they did)? He said/she said probably won't cut it if this actually got to court. Since they didn't mark the account in dispute with the CRAs (you have proof of this, right?), you could try for some FCRA violations based on this. (Although, their defense would be that they did mark it in dispute but the CRAs screwed up and didn't list it in dispute on your reports. Again, how can you prove they screwed up and not the CRAs?). These are some things you'll need to consider. Although, they might just cave and delete if they get served, it's happened before...
Well the issue is this. I have continuosly disputed this liability. When I sent my first validation/nutcase. I notarized it and sent it certified mail. I have not heard anything back from this company and they continue to verify the information. I re-disputed the item one week after I received the green card back from their company. Yet the item continues to come back verified or checked. Of course, Transunion is unable to mark the item in dispute. Yet I did ask for a procedure request from them.
