I am preparing for my first round of suits next week. Question: Sears hired Portfolio Recovery for my account. I asked for validation CCCR. No response. Samething to Sears-no response Account opened in 1990. no charges on it since 1998. last payment was somewhere in 1999. things needed to prove a case? 1. A violation, or willful non-compliance 2. proof of damages(my turn down for loans/cc) The FDCPA states that: If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. is this the path I use?? thx
did they continue collection activity after you requested validation, for instance verifying with a cra or sending you a notice.... just not responding to crrr is not a violation in itself... did you dispute these with the cra... is sears reporting at all.... what damages will you be claiming?
they continue to verify it with all 3 CRAs. Sears is also reporting it on my reports. I applied for a home loan and some credit cards and was turned down becuase of this a few other accounts. that should be grounds for damages, right??
