Listen to this

Discussion in 'Credit Talk' started by knoxPK, Mar 14, 2003.

  1. knoxPK

    knoxPK Well-Known Member

    Some drama concerning a collections acct for a 5 year old eviction.
    I sent validation request to CA signed for on 2/10
    By 2/14 I recieved a valdidation attempt that included a signed copy of the contract(with my sig) and an itemized amount owed with my bro's name on it(Im not on it anywhere).
    2/27 I recieved a letter "this an attempt to collect on a debt" it also had some language indicating they "may" send the account back to the OC as to proceed with a lawsuit
    3/6 called CA said "Uhh Sir, I dont owe you anything you havent proved this acct mine" Pissed off OC admits "that was all I had in my file" I say "You did not contact the OC directly?" CA says "I dont have to" I say "ok"
    3/7 I send letter offering settlement for FCRA and FDCPA violations asking for deletion
    3/13 no reply I send a similar letter but this time "ATTN LEGAL DEPT"
    3/13 they fax reply saying balance has been corrected to $1500 from $5800.. they sent a copy of info from the OC dated 3/7 explaining this..however the name on the $1500 is still my bro's
    3/13 opened mail found a letter from equifax stating that this particular account was verified by CA for the $5800 amount
    3/13 sent other letter giving 3 days to correct or be sued

    LOL

    This guy screwed up! Attempting to collect on a debt while not validationg (them changing the $$ amount afterwards proves they could not have validated)
    did not mark account as in dispute
    Then after getting a fax from the OC on 3/6 with a $1500 they report to equifax on 3/10 the $5800 balance..
    WTF?
    Yet in his reply he says if I sue they will counter for "malicous prosecution"...

    Tell me how do i claim Actual damages..I believe there is 1 year SOL for damages from this neg mark..So I can go back a year from 2/10 and try to recover damges???

    BTW they recieved the correction from OC on 3/7 as of yesterday 3/13 they had not corrected the amount owed...do they have a certain timeframe in which to correct info that they feel is incorrect..(For some reason 5 days is sticking out in my mind)
     

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