This month I sent OC ITS-settle out of court letter. I owe them no money and just want the account deleted. Below is the letter I got back. About a year ago, before I knew OC didn't have to DV, I did DV request them. They must not have known they didn't have to DV, because they did send back documents. Nothing I didn't already have, no full validation, but documents. I suppose that to be where the DV and FDCPA language below comes from. As I found out they were required under FACTA as data furnisher to investigate, I contacted them again. Same kind of documents came. They did not however submit to any CRA's that account was disputed. Unless I am incorrect, that is a violation. I believe they also verified the account during this time. I guess I need to know if I can sue them on the above violations since they are an OC and would I do that as them being data furnisher under FACTA??? And also why would I have to give such explicit details they are asking me for BEFORE we go to court? Isn't that what the summons is for? Do you recommend that I give them what they are asking for? I have never heard anyone on here mention that the creditor/attorney asked for a copy of their credit report. A little suspicious as to what is going on and a lot overwhelmed. Also at the top of the letter is underlined in caps VIA ORDINARY MAIL ONLY. Sorry so long and thank you all in advance for reading and responding. Here is the letter: Dear_____________: Please be advised that this office is legal counsel to _____________ company and we have recently received a letter that you sent to our client dated ______. Your letter indicates that you have corresponded with __________ with requests for "complete debt validation." I am assuming that the "complete debt validation" is requested pursuant to 15 U.S.C. 1692g which is commonly referred to as the Fair Debt Collection Practices Act. However, _______ is not a debt collector as defined by the Fair Debt Collection Practices Act. Finally, your letter indicates that you may bring a civil action against ______________ for alleged violations of the Fair Credit Reporting Act, Fair Debt Collection Pracis Act, erroneous reporting, negligence, punitive damages, court costs and attorney fees. Your letter does not indicate how___________ may have violated any laws regarding you and and no copy of your credit report was attached to your letter. Accordingly, ___________ has no reason to believe that it violated any such laws. Therefore, I respectfully request that you identify with specificity, how you believe that ___________ has vilated any laws with regard to you. Document supporting your claims is also requested. Your prompt response is appreciated and I welcome a telephone call to discuss this matter in greater detail. Signature
best course of action I'd say that unless you are simply aching for a court fight which you may or may not win the best thing for you to do is to try to settle your differences before going to court. After all, you need to be able to demonstrate that you have exhausted all your administrative remedies and have acted in good faith to try to resolve the dispute before resorting to court action. If you do call them be sure to record the conversation(s) otherwise do it by letter. If you do it by letter then be sure that you do list your grieviences with specificity. That's not a bad idea because that will cause you to do your homework and that might be helpful in determining whether or not you really do have a cause of action. Another advantage to doing it by letter is that emotions aren't so likely to get into the fray as they might do if you try to resolve it by phone. And then you will also have useful documentation if you do have to take them to court.
Thank you for your response Cap1. I also need to add something I forgot. This OC is a finance co for an auto loan. It went into repo. after hard times and even though we had verbally worked out a plan to keep the car. The thing here is that we didn't pay the loan off - the dealer did. Turns out someone from the dealership that sold the car was essentially a co-signer on this loan. But, my paperwork doesn't have any other name on it. Neither does anything they have given me. And to top that, it was the dealership who sold the car that also repo'd the car. I need to prove all of that, but nobody is giving me anything. Then this letter....what IS my best plan of action???
Who is reporting what? Is what is being reported accurate? Do the documents you have, or have received, support what is being reported? How does the dealer "co-sign" the loan, without being on the loan documents? Is this some separate "guarantee" to the lender, to which you are not a party? Where does that leave you with respect to liability to them, if you have no contract with them? Do the terms of the loan/contract, as now claimed in the documents sent, match the documents you originally had on the loan at its inception, or are they different? Does your state law require that when a vehicle is repo'd, the consumer be given a set time to buy the car, and that if sold, the recovered sale price and fees be disclosed in a timely manner to the consumer? If so, was this done? Was this a spot delivery scam? (I.e.: Was financing promised, the car delivered, the financing later "fell thru", they then gave you the "choice" to accept more expensive financing, and then "repo'd" the vehicle, keeping your down payment and any trade-in?)
The best choice would to be able to detail any erroneous pieces of information in their reporting. You have the documentation that they provided, and can use that to compare line-by-line their reporting. This is one of the reasons that an ITS should have a draft of the suit, and detailed information regarding the violations.
