PP with a Twist - need opinions

Discussion in 'Credit Talk' started by jlynn, Jun 16, 2003.

  1. jlynn

    jlynn Well-Known Member

    1/25/03 received a dunning letter from Nationwide Credit for my Amex account.

    1/29/03 went straight to C & D. They are not bonded to do business in Texas. Sent a copy of the letter to Amex, so they knew exactly why I wouldn't deal with them.

    4/23/03 Nationwide pulled another hard on EQ.

    5/13/03 Received a dunning letter from an attorney/CA. That was mixed good news, as Amex didn't go straight to suit because of the C & D. I know - about to deal with this as they did validate, and I just am not going to risk dancing the dance any longer.

    The dunning letter of 5/13 specifically stated they were collecting for the creditor - so I know that Nationwide does not own the debt.

    Question - Did Nationwide have a PP to pull a Hard?
     
  2. jlynn

    jlynn Well-Known Member

    bump
     
  3. lbrown59

    lbrown59 Well-Known Member

    Bump
     
  4. HDAlex

    HDAlex Well-Known Member

    Jlynn,

    If Nationwide was no longer servicing your account as of 04/23, then no, they do not have any semblance of a permissible purpose to view your credit report.

    However, even if they were still servicing your account on that date, you have a good argument that since Nationwide was not legally collecting the debt in the first place, they NEVER had a permissible purpose.

    The problem is that I could see that argument going either way. If the judge decides you were just trying to harass the CA, 616(c) of the FCRA provides that you would have to pay for the attorneys' fees of the other side. It's a gamble - one that I would be happy to bluff with, but wouldn't feel comfortable actually going to trial with.

    Good luck,

    HDAlex
     
  5. jlynn

    jlynn Well-Known Member

    That's kind of what I thought too Alex. I think I may bluff and see what happens :)
     

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