Re: Re: Re: Something fishy going on here So, send them a letter informing them they are in violation (something they should know) and ask for $1000 in damages? Can't they just change/remove the TL after getting that letter as to avoid being sued or paying anything? If sued and money is given... does the listing get removed, or just revert back to the original date opened/closed?
Re: Re: Re: Something fishy going on here I knew what you meant with the math. Last thing and I'll get to work on this. I just want to be clear I'm following the right action for what appears on my report... In my older report this listing is as follows: Associates National Bank #4223... Updated 6/03 Opened 12/99 Closed 5/00 Pay Status: 5/00 Charged off as bad debt. In my most recent TU report it reads: Unifund CCR Partners #4223... Updated 3/05 Opened 2/05 Closed 3/05 Pay Status: Collection Account. Has anything changed based on the above? I'm unsure.
Re: Re: Re: Something fishy going on here I found yesterday... and I did an online dispute not thinking. I never do those. All my disputes were typed and sent certified... not sure how well the online ones work. I did the 'not my account" or whatever one, because I wasn't sure which of those fit... and I didnt want to do "other" and give too much information that might hurt me.
Re: Re: Re: Re: Something fishy going on here They could but... 1.You already have the evidence that they violated the law 2. If they were to do that they have just about admitted to everyone that the violated the law When you sue them you are in control...for example you can agree to a settlement that gives you $500 and complete removal of the TL. Their errors have given you "leverage" to get exactly what you want
Re: Re: Re: Re: Something fishy going on here It seems that the laywer fees are too high to warrant going to court. Is there another way? Or are there lawyers that will do it for next to nothing? Also, can I get them for each violation? Such as Open date, close date, date of last activity, account type and all that? I guess just draw up a letter and detail each violation and demand $1000 for each violation. If they do nothing, then sue.
Re: Re: Re: Re: Re: Something fishy going on here You can sue for lawyer's fees as well I'm not a lawyer...you probably can count each individual TL that is improper as a separate violation. I don't think that every error in a TL made on the same date is a separate violation
Re: Re: Re: Re: Re: Something fishy going on here Quick question... Looking at my Equifax report I see a listing for a HB card that was closed years ago. It now lists a "date reported" as 1/05 and a "Date of First Major Delinquncy Reported" as 1/05! I haven't paid a dime on that card in years... and even when I did, it wasn't current by any means. So, the major delinquency would have been way back, right? Is this another re-aging thing here? Or am I just reading the report wrong. Also, looking at their "81 month payment history" it looks completely off. It was "charged off as bad debt" in 2001, but has CO starting in 3/03 and continuing all the way up to present. The funny thing is it has me "paying as agreed" right up to the CO, haha. So, after a history of "paying as agreed" HB just decided to CO the account? It doesn't even list any 30, 90, 180 or anything... what to do?
Re: Re: Something fishy going on here Unifund CCR is a collection agency. Since they reported they are also a DF (data furnisher). A DF is exempt from private action, (when they provide an address to which one must send a dispute) under section (A), known as the general prohibition against inaccurate information. Basically they will escape liability under the bona fide error defense. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. (C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. If a DF furnishes an address to which a dispute is to be sent, they escape liability of the general prohibition. This triggers a responsibility for the consumer to notify the DF that a mistake exists, and gives the DF a chance to fix the problem. So far you don't have an actionable violation. Mark. However, you're on your way to getting some. Continued:
Re: Re: Something fishy going on here § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- Be on the lookout for a collection notice containing all your rights, (the 5 day notice). You should get it within 10 days of discovering it on your CR, (5 days, not business days it is required to be mailed). Reporting to a CR IS, in most circuits, a "communication". I suspect this will not arrive timely. Come back here and let us know. In the meantime be a little patient. Oh - and welcome.
Re: Re: Something fishy going on here Hey, You're all so great to help like this. I really appeciate it. I started this repair work in 03 and have seens some drastic improvements. I went from the low 500s up to mid-late 600s and 730 on Experian right now. A little more work and 2 more years and I'll be home free. I'll be looking for that letter you said should come. I wish they'd call me. I used to love talking to them. They'd hang up on me, haha. I was never intimidated and that annoyed them. Like when I was in school... "Why did you apply for a credit card if you did not have a full time job and were unable to pay the bill?" to which I replied, "Excuse me, why was I ISSUED a credit card if I did not have a full time job and was unable to pay the bill?" haha. That was to "Mrs. Houston". We've had many conversations over the years. I wonder what she's up to? haha.
