Marie Question...

Discussion in 'Credit Talk' started by KHM, Jan 25, 2002.

  1. KHM

    KHM Well-Known Member

    Not sure if you remember but I have a CA sending collection notices AFTER I sent the Validation letter (they never sent ANYTHING to me). Well low and behold MR. Mailman brings me ANOTHER collection letter from them.
    Is it a violation for EACH letter? So far it's 2 letters and this one says "final notice before it's placed on your credit report". If they DO put it on my credit report, should I contact a lawyer? I haven't sent the demand letter yet, I sent the estoppel couple of days ago and haven't got the green card back but as soon as I get the card, I'm sending the demand letter.
    Any thoughts?
     
  2. LKH

    LKH Well-Known Member

    Even though you didn't ask me, I'll give you my thoughts. If they dare put it on your report, that would be at least 3 violations, right? Get a lawyer at that point, or do it yourself, but file a lawsuit the minute you see them report it. I wouldn't bother sending a demand at that point.
     
  3. KHM

    KHM Well-Known Member

    LKH-
    Thank you for the quick response. If they DO put it on my report(s), and I dispute with the CRA's and they verify, wouldn't I already be 2 steps ahead of them? Also wouldn't I have them in a violaton? Just making sure I have my stuff straight. The funny thing is I KNOW this CA got AND READ the first validation, cause they were calling me EVERYDAY, until they signed for the CRRR. and my Validation letter said C&D by phone! hehehe...
     
  4. LKH

    LKH Well-Known Member

    If do that yes, you would have them in a violation, but just the fact that they reported it after receiving your validation letter is a violation.
     
  5. Marie

    Marie Well-Known Member

    Yes, they've just violated the fdcpa by continuing collection efforts. IF you sent the request for validation certified return receipt then you have them cold.

    You can easily file a lawsuit. If they report after you've requested validation then it's a FCRA violation

    It's actually very simple.

    Again, I would say each contact is a violation. the judge sometimes gives 1k for a string of violaions...
     

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