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Question prior to lawsuit

Discussion in 'Credit Talk' started by ankay1, Mar 7, 2008.

  1. ankay1

    ankay1 Member

    Question: Verification sent from CA: American Agencies sent a "closing bill" on SBC's (OC) stationary. The "bill" lists an account number that was never serviced at the address which is listed on the bill. I had the address related to the phone number that the CA is attempting to collect on removed from my CR. Is this false and misleading representation and therefore violation of FDCPA?

    Fair Debt Collection Practices Act
    (FDCPA), 15 U.S.C. §§ 1692e § 807. False or misleading representations

    (9) The use or distribution of any written communication
    which simulates or is falsely represented to be a document
    authorized, issued, or approved by any court,
    official, or agency of the United States or any State, or
    which creates a false impression as to its source, authorization,
    or approval.

    (10) The use of any false representation or deceptive means
    to collect or attempt to collect any debt or to obtain
    information concerning a consumer.

    Background:

    I have one tradeline for a collection agency (American Agencies) remaining on my Experian report. I disputed this account several years ago (2004) via CRA. It was deleted and it reappeared in 2005. This "new" tradeline was verified by Experian after my subsequent dispute. I requested validation from American Agencies and their "verification letter" included the aforementioned bill. This bill essentially marries information from two different sources onto one document. I have sent letters to the CA and CRA regarding the reaging aspect, however, CA will not remove tradeline. My next step is to file suit in small claims court. However, I would appreciate any input in regard to the legality of randomly placing my parent's address (at which I never had phone service) on a bill related to an account which was at one time active in a different city and area code. I have small claims experience, but not in regards to this type of case. This tradeline makes securing financing for my business very difficult and is preventing the lease of a new office space. I'm considering $5000 for damages, so any input on a method of presenting damages would also be appreciated.

    Thanks.
     
  2. apexcrsrv

    apexcrsrv Well-Known Member

    If it's bot your account, don't get caught up in the language of the FDCPA. Just plead it isn't yours and they verified it as being yours (both fcra and fdcpa violations). Don't plead a sum certain.
     

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