Looking for some help from the pros here who have kicked the butt of some of the CA's I have a Sears card debt from '96 which is now being handled by Portfolio Recovery Services. On May 20th, they got my request for validation of the debt. On June 12th, they pulled my TU with a hard inquiry. To date, they have provided no proof of the debt... AND they are not bonded in NJ as required by law. Their bond expired in 2001. When told of this, the rep at the CA said "we're bonded and we have lawyers - we'll just run your credit for assets and come after you." Since I'm not at 30 days from the original validation request, should I wait or send them a more strongly worded letter threatening to sue for violations? If so, is there a letter on creditnet I could use for this? As always... thanks for the help! Scoob
No I would go down to your courthouse and sue them. Never call the CA and tell them the dirt you have on them.
Hey Scoob, You can't sue for not vaildating within the 30 day limit until the 30 days is up - duh. Just be patient while you gather your evidence.
Understood that I can't sue for lack of validation.... my question was more about them running my credit. Doesn't that constitute "Continued collection activity" while the account is in dispute status? Thx Scoob
ABSOLUTELY!! At the end of the 30days, if they do not provide validation, send the 15 day Estoppel(you can do a search to find it). But tailor it to include are statement that they are in violation of the FCRA & FDCPA for "continued collection activity".
Sure Scoob, But if you're going to sue them you want to sue them for as many violations as you can get. Waiting a few extra days, (and follow Javans advice) will be worth it. Suppose you sue for 3 violations and the judge throws 2 out. Now suppose you sue for 9 violations and the judge throws 4 out. B
