I have written my oc about an account I do not have with them they have continually not validated and have never reported the tradeline as being in dispute. I green carde them with lizardKing validation. (no estopell) Well after sending them a copy of the small claims paper work some obnoxious person called and said she was from recovery. She said she was calling to get the matter resolved and wanted me to verify my social security number and last known address. She became extremely obnoxiuos and yelling saying I would be in the same position if I would not work with her. I asked why had they not ever reported my account as being in dispute which was a validation. She said I had never disputed any thing with them. I said is that why your collection agency gave the account back to you because I wanted them to validate the diputed account. SHe of course had no explanation. SHe then did said well "I was calling to try and help you but if you do not want my help and willnot verify anything I will not help you". She said "well I 'm going to give transfer you to our acounting department" I said I 'm not going to tell them anthing diffrent. She never mentioned the lawsuit . No one ever came to the phone after she supposedly transfered me. I call the number she left and fisrt few times it said voice mail had not been set up. Then she finally answered and coughed and hung up. It sounded like she was on a car phone. Wierd to say the leaset. I think she was trying to get me to admitt something. I will be going to file the suit in another three days giving them time to delete the account. I think she was a lawyer as she was way to obnoxious for some one in "recovery trying to help". The phone call "issed" me off! I can't wait to see them in court!!!!!
Dear Tonya, You have them on-the-run, keep up the good work. She needed your address and SS# because she cannot find your account. This happens all the time. Here is how I handle it. Once I demand validation (always by CRRR btw) of the account I have placed certain questions on the table. The most important of which are; 1) who are you? 2) what do you want? 3) Can you PROVE it? Until these questions are answered NOTHING else matters. I tell them; THERE WILL BE NO ANSWERS TO ANY OF YOUR QUESTIONS UNTIL YOU ANSWER MY QUESTIONS! period!!! You're under no obligation to help them find your account. You hang in there - they are sure to settle or drop before you can get them to court. BTW I would STOP talking to them on the phone. That NEVER helps your position because it cheats YOU out of your oportunity to extend the paper trail. Good Luck,
Dear Tonya, I forgot to mention that the original creditor must be handled a bit differently than a CA. An OC is NOT bound by the FDCPA. Sometimes when you push your rights under the FDCPA witha CA they will revert the account back to the original creditor to avoid being governed by the FDCPA. It appeasr that YOU HAVE ALREADY WON. Send whomever placed the derog on your credit file a 72 hour warning to the effect that: "NOTICE OF INTENT TO FILE SUIT! - If this account is not deleted in 72 hrs. I will proceed with filing, at which point there will be no additional opportunity for you to avoid calamity". Faxing this should work fine, keep the receipt. Good Luck,
Thanks a lot butch . Sure glad to hear from you it sounds you will add much needed advice to the board. I will send them the 72 hour intent tomorrow. Thanks a lot!
