Two separate issues here: 1. Collectech has now placed this disputed collection account on my CRA's. I have them in 2 hard violations of the FDCPA, is this now a violation of the FCRA or the FDCPA, for putting it on the CR without validating first? 2. Trans Union has put back on my report a charge off, I have the letter from Filenes saying to delete it, which they did, but I checked my report today and poof there it is. Should I assume it went on today, then give them 5 days from today to send me the "update"? If they don't send the update, is it 2 violations, 1. for putting it back on (when they were informed not to) 2. for not notifying me? I have an appointment with an attorney on Friday about Collectech, they attorney had me call them today, LMFAO, Collectech, said "we don't have to prove anything to you, the first collection letter we sent has all the info you need" Plus while I was on the phone with them they said "If you just paid your bills we wouldn't have a problem" I said you can't even prove this bill is mine, THATS where the problem is. Thanks everyone!
As far as issue #1....I believe it is a violation of both the FDCPA and the FCRA, and it's defamation of credit [If I'm right on this one, it's because I learned it from Lizardking! ]. BTW, is it marked "account in dispute" or something similar? Because if not, that's another violation I believe.
No it's not marked as disputed, it shouldnt even be on there. I disputed within the first 30 days and they NEVER sent anything, but more collection notices. So I sent the estoppel, they sent a "collection activity has been suspended pending original creditor notification". BUUUUUUUUUUT when I called the guy said it was put on my CR on 1/20, I got a letter dated 1/22/02 saying pay this now within 10 days to avoid this going on your credit report, sneaky bastards! The lawyer said, because the guy tried to collect from me while I was on the phone was another violation, plus the guy was harassing me saying "Collectech knows the law and apparently you don't". So the lawyer guy wants to go after them for those violations as well. He also told me to bring in any denial letters from CC companies to sue for punitive damages. This is gonna be fun!
Oh I agree with you, it shouldn't even be there in the first place, I was just asking because if it's currently "in dispute" they have to mark it as such on your report, and if they don't, that's a violation. Maybe now is the time to apply for that Platinum card with a $50,000 limit you've always wanted Good luck with your lawsuit. Score one for us!
This sux! I called Exp today to tell them the situation behind all this, and they said send all my documents, ok fine by me. I said well what happens once it is received? She said they contact Collectech and ask if the account belongs to me or not, if they say yes the account remains. I said but I have a folder FULL of letters and requests for proof I have sent to them and have received NO proof in return, just more collection notices. She said if they say it's yours it stays no matter what you send us. I am faxing and OVERNIGHTING the proof TODAY! If it isn't gone in 30 days I am going to be all over EXP's sh!t. BTW can anyone answer question 2 for me? Is there a sample letter I should send with my PROOF?
I got trouble with these a-holes too. I have two paid checks from a local grocery store from back in 1998. They keep verifying the inquiries. I requested validation and they sent me a copy of the cancelled checks. One thing I may have them on is they tacked on a $25 charge per check. From my preliminary research, ILLEGAL in Florida. ...sickem!!!!!!!!!!!!
I'm gonna eat them alive and spit them out, then hand them their a$$es in a picnic basket!! I hope this lawyer takes the case pro bono, if not I'm gonna go it alone!! Can ANYONE answer #2, PLEEEEEEEEASE!!! I can always ask the lawyer on Friday and bring all my paperwork, but I'm inpatient!
Thats what the CA said to me when I was talking to them! While I'm paying my bills I guess I should be paying other peoples bills as well! Any takers!
Lbrown, it's a "Johnny Dangerously" reference, which is where the word "bastage" originated. Just havin' a little fun with KHM. Of course now that I've had to explain it to death, it's not fun anymore. The quote was from her original post (statement by Collectech), NOT what I think. Geez no, I think she should sue the pants off of them. "And that's all I have to say about that". *Apologies to KHM for this sidetracking of her post.
