Amsher vent - UPDATED, Sued and won!

[Anonymous]

Ok, so I started working on my credit about 5 months ago. I've gone from a 540's to 690's across the board. All collections were taken care of by DV or PFD's. Of course now the CA's are crawling out of the woodwork for old old debts they claim I owe, even one from 12 yrs ago. One in particular is Amsher Collection Services. I DV'd them because I don't recognize this debt. They received the DV on 8/4, no response, and now they reported to the CRA's on 8/25. I want scream!!!!! I just received a letter from a consumer attorney a few days ago about suing CA's. I think I'm going to give them a call. This pi$$es me off! 

Ok thru venting.

10/8/08 -  Sued Amsher and they have agreed to delete and settle! Man I'm ready to see this go away!

Message Edited by darrello on 09-04-2008 02:58 PM

Message Edited by darrello on 10-08-2008 11:32 AM

[Anonymous]

Oh my, you are so nice when you vent!!!

When I receive a bill from any CA I toss it ( I know that I do not owe or well past SOL & CRTP).

I also watch my CR. If any CA shows up I would be on them like flies on ~~it!!!!!

You are right in sending a DV

[Anonymous]

Yea it was a nice vent. I've had a little time to cool off. I wanted to call them right away, but I know better. I will prevail!

[upinflagstaff]

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@Anonymous wrote:

One in particular is Amsher Collection Services. I DV'd them because I don't recognize this debt. They received the DV on 8/4, no response, and now they reported to the CRA's on 8/25. I want scream!!!!! I just received a letter from a consumer attorney a few days ago about suing CA's. I think I'm going to give them a call. This pi$$es me off!

Ok thru venting.

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I'm sure I will be corrected if this is wrong, but I'm pretty sure they can't report after you DV unless they validate(my copies of the FDCPA & FCRA are at home)

[Anonymous]

upinflagstaff,  IF it is not on your CR when you receive a dunning letter AND  you send a DV  CMRRR  within that 30 days....then they can NOT report until they answer a DV

IF they are already reporting when you send a DV,,,,then they CAN continue to report for the 30 days BUT  must stop after that until they validate!

[Anonymous]

They were not reporting before I sent the DV. I received the original dunning letter on 7/21. They received DV on 8/4 and reported 8/25, without answering. Where does it state they cannot report till they answer, if they're not already reporting?

[upinflagstaff]

This is what I thought I understood. They were not reporting BEFORE the DV. Before responding to the DV the started reporting to the CRA. Seems that is a FDCPA violation. Correct?

[RobertEG]

Anyone who reports to a CRA is bound under the FCRA to make reports that are in good faith.

Reporting a derog that is more than 7 years old is bad faith, for it is barred under section 605 of the FCRA.  If they are liicensed to report to a CRA, they are charged with knowledge of the law. Ipso facto, bad faith.

I would vent too, if I were you! 

[Anonymous]

bump

[Anonymous]

I hope this is allowed, so here goes...

In case anyone wants the real thing, here's a link to a pdf of the FDCPA (Fair Debt Collection Practices Act) from the FTC:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

Here's the FCRA:

http://www.ftc.gov/os/statutes/fcradoc.pdf

And here are a few more useful links:

http://www.ftc.gov/bcp/menus/consumer/credit.shtm
http://www.ftc.gov/bcp/menus/resources/guidance/credit.shtm