legal?

Discussion in 'Credit Talk' started by ohnostuck, Sep 23, 2002.

  1. ohnostuck

    ohnostuck Well-Known Member

    Is it legal for a CA to confirm a debt to the CRA when it is being disputed with the CA? BTW- This is a PAID collection (NOT MINE) they claim that they do not have to validate because the debt is paid and they are no longer collecting the debt.
     
  2. sassyinaz

    sassyinaz Well-Known Member

    No, ohnostuck, and did they mark it as disputed?

    There is "unless paid" under the FDCPA provisions so they may not have to give you the validation.

    I'd bet they don't have it if they are saying they don't have to provide it.

    However, as a furnisher of information they have duties and responsibilities under the FCRA, they can't get around that, including having to mark it as disputed.

    If it's not yours and you request validation, they maintain they don't have to provide it because it's paid, well they'd have to provide it in a courtroom to a Judge anyway -- it's a minimal standard of proof.

    You could write them again and tell them they are being unreasonable as it isn't your debt so good on whoever paid it, but it wasn't you! That their unreasonableness is leaving you no choice but to file a claim and have a judge ask for the same thing.

    Do you state laws happen to cover requesting information? There's no time-limit or paid reference here, only that the information be relevant.

    Sassy
     
  3. ohnostuck

    ohnostuck Well-Known Member

    I called Mike Rogers (My senator). His office is calling the CA in the morning. If they still do not budge I am going to have to file.
     
  4. Manequinne

    Manequinne Well-Known Member

    I hope he can fix this, or at least help.

    Good luck.........
     
  5. ohnostuck

    ohnostuck Well-Known Member

    Nope. They CLAIM that there is only one line for the status....it states paid.


    Thanks for your imput sassy :)
     
  6. sassyinaz

    sassyinaz Well-Known Member

    ohnostuck,

    Just like that and the senator is calling!!!!!!!! wowOwow, gotta LOVE that.

    Do you have special clout, in the midst of an election, or are in a consumer friendly state?

    Sassy
     
  7. Butch

    Butch Well-Known Member

    Oh my. I wouldn't try to tell them it wasen't you who just paid it tho. I'm sure just an oversight from Sassy, but that's just too easy to prove it was you who paid it.

    Tell them you pd it to stop the collection harassment, even though it was NOT yours.

    If we're gonna say something that skates the truth lets make sure we can't get busted out on it.

    In the case of FTC Vs. United Creditors Alliance Corporation:

    Jodie Bernstein made the following very usefull statement.

    "In the past few years, the FTC has taken action against approximately 20 individuals and companies for alleged debt collection practices abuse. "Among the Commission's concerns in these types of cases," said Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection, "is that some consumers may not actually owe the debts, but may pay them in order to stop the abuse."

    Go to:

    http://www.ftc.gov/opa/1996/9609/uca.htm

    And print out that case for future ref.

    Sassy's exactly right on applicable law, (as usual). Your case is mainly an FCRA case for them reporting info. that they cannot substatiate as fact.

    FCRA $623 Responsibilities of furnishers of information to consumer reporting agencies. [15 USC $1681s-2]

    Good Luck,

    Keep us posted.
     
  8. ohnostuck

    ohnostuck Well-Known Member

    Butch,

    It WAS NOT me that paid this. It honestly IS NOT my account.
     
  9. Butch

    Butch Well-Known Member

    Oh hell, sorry then. Push it all the way.

    I misunderstood.

    :)
     
  10. ohnostuck

    ohnostuck Well-Known Member

    Thats OK Butch :) I am trying. I just am pooped dealing with the whole landlord bit.

    BTW- They call my father-in-law Butch everytime I see you post I think of him.
     
  11. sassyinaz

    sassyinaz Well-Known Member

    LOL fave Butch Dude,

    but but but, ohnostuck reallyyyyyyyy (that's for charlie) didn't pay it.

    You crack me up, Butch, I swear to you, cross my heart, I've never walked on water, never, nup not once!

    Sassy
     

Share This Page