cancel
Showing results for 
Search instead for 
Did you mean: 

Don't know what else to do please help again.

tag
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

 Ok how does this look. 

 

Pennyrile Collections

123 West 7th Street

Hopkinsville, KY 42240 

 

 

"This is notification to you of your current non-compliance with the direct dispute provisions of FCRA 623(8)(E), "Duty of Person after receiving a notice of dispute," as further regulated under 16 CFR 660.4(e) and (f).

 

On my report it shows that Pennyrile Collection is reporting DOFD as 04/2011 with a report date if 12/2015 for the orginal amount of $1,135 and balanced owed of $2,845.

 

Your company is reporting an incorrect DoFD and did not sufficiently investigate and use all available information to establish a reasonable estimate of the DoFD, in accordance with FCRA requirements.  Based on your clear knowledge of the debt being based on a 2008 judgement (please note your BBB response as referenced below), Pennyrile Collections is reporting information with actual knowledge of errors" which is specifically prohibited by FCRA 623(a)(1)(A). Pennyrile Collection’s failure to properly re-investigate and immediately correct this erroneous reporting opens Pennyrile Collections to potential civil action on my part (for failure to properly re-investigate), as well as civil and administrative action by Federal Enforcement Authority,CPFB (for knowingly reporting inaccurate information).

 

Your prior response to my BBB complaint:

RECEIVE BUSINESS RESPONSE : We received a certified letter from the consumer on March 1, 2013, weresponded to the dispute and mailed verification of the debt. It was mailed to the address we had on file for the account which was in Ohio, the letter was never returned. We then received another letter earlier this month and mailed the verification information to the Texas address. The consumer knows this account is a just debt because the original client obtained a judgment against the consumer in 2008 which has been accruing interest. 

 

Unless your very prompt compliance with FCRA 623(8)(E), and 16 CFR 660.4(e) and (f) is obtained, I will move to administrative (CFPB) and/or civil remedies to seek your compliance, which may potentially result in considerable financial penalties levied against your agency.

 

Thank you, 

 

Name here. 

Message 31 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

Pennyrile Collections

123 West 7th Street

Hopkinsville, KY 42240 

 

 

"This is notification to you of your current non-compliance with the direct dispute provisions of FCRA 623(8)(E), "Duty of Person after receiving a notice of dispute," as further regulated under 16 CFR 660.4(e) and (f).

 

On my report it shows that Pennyrile Collection is reporting DOFD as 04/2011 with a report date if 12/2015 for the orginal amount of $1,135 and balanced owed of $2,845.

 

Your company is reporting an incorrect DoFD and did not sufficiently investigate and use all available information to establish a reasonable estimate of the DoFD, in accordance with FCRA requirements.  Based on your clear knowledge of the debt being based on a 2008 judgement (please note your BBB response as referenced below), Pennyrile Collections is reporting information with actual knowledge of errors" which is specifically prohibited by FCRA 623(a)(1)(A). Pennyrile Collection’s failure to properly re-investigate and immediately correct this erroneous reporting opens Pennyrile Collections to potential civil action on my part (for failure to properly re-investigate), as well as civil and administrative action by Federal Enforcement Authority,CPFB (for knowingly reporting inaccurate information).

 

Your prior response to my BBB complaint:

RECEIVE BUSINESS RESPONSE : We received a certified letter from the consumer on March 1, 2013, weresponded to the dispute and mailed verification of the debt. It was mailed to the address we had on file for the account which was in Ohio, the letter was never returned. We then received another letter earlier this month and mailed the verification information to the Texas address. The consumer knows this account is a just debt because the original client obtained a judgment against the consumer in 2008 which has been accruing interest. 

Unless your very prompt compliance with FCRA 623(8)(E), and 16 CFR 660.4(e) and (f) is obtained, I will move to administrative (CFPB) and/or civil remedies to seek your compliance, which may potentially result in considerable financial penalties levied against your agency.

 

Thank you, 

 

Name here. 

Message 32 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

I need to find another attorney. The last one did not help at all and she was supposed to be one of the better ones here..So here we are

Message 33 of 40
Anonymous
Not applicable

Re: Don't know what else to do please help again.


@SSH0126 wrote:

I need to find another attorney. The last one did not help at all and she was supposed to be one of the better ones here..So here we are


Try NACA (consumeradvocates.org)

Message 34 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

It is March 8th and we have not recvd any contact from this collections agency. They recived letter over 30 days ago.

Message 35 of 40
Anonymous
Not applicable

Re: Don't know what else to do please help again.

Have you pulled a fresh report?

 

SCRA violations are serious, and collectors are usually quite tense about them.  The SCRA (Servicemembers Civil Relief Act) is the nextgen sort of iteration of the old Soldiers and Sailors Relief Act.

 

The SCRA provides you some hope, if:

1. The unpaid rental debt was incurred directly by the servicemember as a result of a deployment lasting 90 days or longer; and

2. The judgment court did not qualify their judgment with a statement or by demanding a bond from the plaintiff (the landlord).

 

The SCRA provides, among other things, the right for a servicemember on active duty who is deployed on an assignment of greater than 90 days to vacate/terminate a residential lease with no penalty.  There are a few cases where state laws slightly change this, but in general it applies across the board.  There are notice requirements and such, which vary by state, where you have to tell your landlord in writing or otherwise give some sort of required notice that you are vacating your unit because of deployment.

 

The SCRA also provides protection with regard to interest on anything owed, so even if you couldn't get the judgment overturned (which seems likely to happen anyway), you are protected by the SCRA which locks in any debt you held as of the date of your deployment at 6% maximum interest while on active duty.  This doesn't make the entire judgment invalid automatically (again, a judge should overturn it anyway, but just in case), but it would greatly reduce the balance owed.  This perk may not be available to you, depending on your current status, though - you have to apply for this within 180 days of the end of active duty.

 

The reporting part, which you are most concerned with anyway, is a direct result of the judgment process. 

 

That being said, when a collector is notified of a dispute, they have two options.  One, they can just stop reporting.  Most often, in older cases, this is the route they choose.  Secondly, they can send a written notice to the debtor that they have received the dispute and are investigating.  The FCRA and the states all have varying timelines - many are 60 or 90 days - during which the collector is allowed to investigate, and the reporting agencies are supposed to report this activity as dispute in progress, or whatever phrase they use for that.  At the end of the investigation period, the collector must provide results in writing.  This all takes energy on their part, which is why on older debts they tend to just drop the reporting and be done with it.  This dropping of reporting will help a credit report, but it doesn't make the underlying issue leave the file - the judgment, in your case.

 

This is why I asked about you pulling a report a month after you sent them your letter - they may have just dropped it.  They aren't required to tell you if they just drop the reporting.

 

You need a good consumer/credit attorney licensed in Kentucky - you have to attack a judgment where it was "born."  I work for a firm that does this stuff here in Texas, but we don't have anyone licensed in Kentucky.   Your best bet is probably to contact the Kentucky bar or a national website/referral agency who can help you find someone in Kentucky.   You won't have to go there yourself up front, you can sign affidavits and such from e-mail or fax if need be.

Message 36 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

There are two posts about this that explain the situation in its entirety. They have not and will not stop reporting. We are in Texas and because we have already ran into an unhelpful attorney we do not want to just pick one at random in Kentucky of all places. As far as scar- details are in post. Please read that.
Message 37 of 40
Anonymous
Not applicable

Re: Don't know what else to do please help again.


@SSH0126 wrote:
There are two posts about this that explain the situation in its entirety. They have not and will not stop reporting. We are in Texas and because we have already ran into an unhelpful attorney we do not want to just pick one at random in Kentucky of all places. As far as scar- details are in post. Please read that.

I agree with the above in that if you are attacking the judgement itself, that must be done in the Kentucky court where it was granted. HOWEVER, the illegal re-aging of the collection account and failure to properly re-investigate your direct dispute can be filed in district court right there in Texas. Make them come to you or lose by default.

 

If you have not been able to find a willing attorney, google "how to sue your collector", you'll find tons of advice on how to do this.

Message 38 of 40
Anonymous
Not applicable

Re: Don't know what else to do please help again.


@SSH0126 wrote:
There are two posts about this that explain the situation in its entirety. They have not and will not stop reporting. We are in Texas and because we have already ran into an unhelpful attorney we do not want to just pick one at random in Kentucky of all places. As far as scar- details are in post. Please read that.

Most likely the attorney just didn't see a big enough payday. FDCPA violations are usually $1000 per violation, if I'm not mistaken

Message 39 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

oing to try disputing with Transunion and Equifax directly we need this off the report quickly. Can someone help me with the wording that has read into what has occured? thanks in advance. 

Message 40 of 40
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.