So for those following my last few threads, I have had some issues with a JDB. As of today, after a CRA dispute and then a DV, they sent a letter dated July 26 stating we had until Aug. 15 to dispute the validity of the debt (ummmm already did that and elected arbitration so that was weird). Then I pulled some CRs. On TU it looks like they changed the DOFD to early 2008 instead of 11/2007 and 10/2007 (which OC is still reporting). On EX, on one account they are NOW reporting $25 a month payments every month for the last 2 years! HUH?! We have NEVER paid them a single cent and didn't even find OUT about them until a month ago. I am trying to figure out where to go from here. Perhaps this is good leverage to get rid of the debt? Send off an ITS (I think they are violating FDCPA by misrepresenting the debt and furnishing incorrect info to the CRA)? I am sorry for seeming like such a dunce but I really need some friendly advice and hand-holding through this. Can anyone help spoonfeed me what step I should take next? I am seriously at a loss. I just cannot believe they are just flagrantly violating the law.
lizzy: This is where you have them by the short-hairs. You now have evidence of an attempt to re-age the account in violation of the FDCPA (reporting false credit information) and FCRA. Was the DoFD updated based on the dispute? if so, it would make the FCRA violation a 'b' violation which is actionable, as opposed to an 'a' violation which is not. Now, you have evidence from their own reporting, as well as the alleged original creditor's reporting to document their violations. (If they updated the other 2 CRAs the same way, you are going from $2,000, to $4,000, in damages. - $1,000 for the FDCPA, and $1,000 for each tradeline on each CRA.) If you can dispute EXACTLY the DoFD again, on each CRA, you'll add $3,000 more if they update it with the wrong DoFD again... repeat... repeat... repeat... See how a simple chain of disputes adds a whole lot more cha-ching to your pocket...
Thanks a million Jam! They did indeed change the DOFD after the initial dispute with the one CRA and then updated with all three!! Speaking as an educated consumer, not an attorney, do you think I should put together an ITS and draft a complaint NOW or try disputing with CRAs specifically on DoFD, see what happens and THEN move forward? I don't think I have ever drafted an ITS and I haven't worked on a Fed complaint in several years (and it was never related to debt collection) so I feel a bit out of my league. I can't afford to hire an attorney and there seems to be a lack of good consumer lawyers around me anyway (except for Edelman). I'm going to have to do this pro se and I have to admit it is a bit intimidating (which is why scumbags get away with flagrantly breaking the law).
I would draft the complaint and the ITS, fax it to them. Then re-dispute the tradeline SPECIFICALLY the DoFD being re-aged, including the tradeline showing the old DoFD, and citing Cushman v. TransUnion, data furnisher unreliability. Depending on outcomes, you can amend the suit before filing. If the CRAs Previously Verified the dispute, keep trying.
Jam, I am running into a brick wall drafting the ITS and suit. Do you have any suggestions? I have been reading sample pleadings, letters, etc. but I feel like I don't have a grip on it. Should the ITS letter be short and to the point? I dont know if I want to show all my cards?
I would say the ITS should be as short and to the point as possible. (Ok, I amended the letter to not be as simple. ) The best example may come from your local federal courthouse the clerks office may have a sample pleading. My first suits were about 35-70 page masterpieces... My recent works have been 1-15 pages, typically... This is the template that my local court house had, with a brief fill in of fields 1 and 2...
Jam. I cannot thank you enough. I've been ill so no chance to finish crafting a letter yet. Then yesterday a lame letter showed up from the Blatt et al. group saying they were now handling collections on this account for PRA. I'm sure they're getting ready to sue and once again, as soon as I feel confident I get intimidated again. I'll DV blatt with arb election, send the its to pra, and hopefully have a month without horrible stress. I'm so tired of the anxiety and inability to sleep. I'll keep posting updates. While this account/JDB is a nightmare, I've had several successes getting trade lines removed, so it's not all horrible.
Ok, did PRA send any response to the validation of debts (except the request that you had xx days to send them a validation of debts)? If not, then add 809(b) to the list of FDCPA violations (it doesn't up the cha-ching, but adds a little bit more heft). Then you would also want to add the false and misleading representation that the transfer... subjects you to action prohibited by the FDCPA, namely the resumption of collection activity. Then you want to go after the new party with the later two as well. Are they an attorney? (Since you said that you feel they are getting ready to sue, I presumed such.) If they are, did an attorney PHYSICALLY hand-sign the letter? If not, add the false and misleading representation that the communication is from an attorney; and the false threat of suit, to their ITS.
