I got another printout in response to my estoppel, and they verified w/ the CRA again. Is my next step an intent to sue, or can I try one more letter? OR, is it time to send a pay/deletion letter, stating the fact they verified twice, and never placed the account as disputed w/ the CRA?? What would you do??
I certainly would NOT send another letter giving them another chance. If you sent the estoppel, then you've sent at least 2 already. Send them a demand/intent letter giving them xx days to delete it from the cra's and close their books on the acct. If they don't, follow thru.
BTW - The "follow thru" part I think is intimidating to most. It's really much easier than one initially thinks. Getting it filed and getting a case number to the right person at your target will usually get resolution. I can hear it now; "Gee this person really is serious". LOL
Yes, it's very intimidating to me. I think that's why I keep trying to work on them. I'll do exactly like LKH says, and file after I send a demand/intent letter. I'm sure once I file for the first one, the rest will be a piece of cake! I would feel much better if these weren't unpaid collections, I think. I'll let you know what happens if I have to file. At least, if I were to win, I could use the $$ to pay off the other collections! LOL
Don't forget, if you do file, that the fact that the debt is unpaid can not be any part of their response. This a case of violations of the FDCPA and FCRA and nothing more. Don't worry about the unpaid part. I don't normally advocate suing right away. But, when they have continuosly ignored and violated your rights, provable by mail receipts, copies of letters etc., then you need to proceed.
thanks! I feel so much better about it. I can document at least 2 violations, maybe more. I can maybe count each time the verify as separate violations, for dramatic effect. now, what happens if they fold?? this account is w/in the SOL. will the OC place the account w/ a new CA? Also, does the fact that the CA is local have any effect on whether I should file or not?? I hate that they are in the same zip code, makes me nervous.
The fact that they are local only means that the chance of them not showing is unlikely. Doesn't matter. You have the proof, that is all you need. If they fold, that's great. You want a letter stating that the acct has been closed and you will not be bothered about it again by anybody. Don't forget that oc's can be held liable for violations committed by ca's they assign. So, if they fold, you notify they oc that due to the violations committed by the ca, you filed suit to protect your rights. Advise them that they are liable for those violations committed by the ca they assigned, and you haven't yet decided if you will pursue action against them also. But, if they agree in writing to close their books on this acct, you will not file suit. BTW- how old is this acct? It must be fairly old judging by your scores.
Actually, for the time being I'm done w/ my reports. I have only 1 derog left that I'm working on, slowly. I've just started helping my husband with his reports. They are a mess, with scores in the high 500's so far (up from the high 400's btw) he has a few CA's we're working on, and a few SL lates. should be done by spring, hopefully! The collections were from 2000, so fairly new. I'm prepared to pay them, for deletion. They are all pretty small, 3 out of 4 are under $80. Thanks so much for all of your help. I hope to get this first one out of the way, and then I'll be much more comfortable dealing w/ the last few!!!!
