10-25-2012 01:09 PM
They ignored me entirely, including intent to sue letters. Even my ITS seemed to find its way to their round file.
However, I decided to take one last step before suing... File complaints with the state. They promptly responded to the state, first they tried to dismiss me, then the second letter agreed to delete from my credit and quit pursuing the debt.
10-25-2012 02:09 PM
Congrats
10-25-2012 02:44 PM
ficojoe wrote:They ignored me entirely, including intent to sue letters. Even my ITS seemed to find its way to their round file.
However, I decided to take one last step before suing... File complaints with the state. They promptly responded to the state, first they tried to dismiss me, then the second letter agreed to delete from my credit and quit pursuing the debt.
The Attorney General? Hmm, I work for the AG so I am not trying go that route but it may be worth it.
10-25-2012 02:49 PM
snsforever916 wrote:
ficojoe wrote:They ignored me entirely, including intent to sue letters. Even my ITS seemed to find its way to their round file.
However, I decided to take one last step before suing... File complaints with the state. They promptly responded to the state, first they tried to dismiss me, then the second letter agreed to delete from my credit and quit pursuing the debt.
The Attorney General? Hmm, I work for the AG so I am not trying go that route but it may be worth it.
I did both the AG and the state department of financial institutions. I believe it was the department of financial institutions that got the job done for me. I'm in Arizona...
10-25-2012 03:06 PM
Might I ask what was your defense against them? I am dealing with them now, just sent them a cert letter today, but they are trying to collect on a discharged BK debt so I am pretty confident. Was yours just a lack DV, SOL or what?
10-25-2012 03:27 PM
I mentioned their refusal to validate, but focused on their violations of Arizona law which is a much higher validation requirement and includes a freedom of information type provision. MCM could never tell me R20-4-1514(A)(2) or (3).
R20-4-1514. Disclosure of Information to Debtor
A. Within five days after the initial communication with the debtor, a collection agency shall obtain, and be able to inform the debtor of:
1. The name of the creditor;
2. The time and place of the creation of the debt;
3. The merchandise, services, or other value provided in exchange for the debt; and
4. The date when the account was turned over to the collection agency by the creditor.
B. A collection agency shall give the debtor access to any of the collection agency's records that contain the information listed in subsection (A).
C. At the debtor's request, the collection agency shall give the debtor, free of charge, a copy of any document from its records that contains the information listed in subsection (A).
R20-4-1521. Duty of Investigation
A collection agency shall give copies of its evidence of the debt to the debtor or the debtor's attorney on request. After providing the evidence, but before continuing its collection efforts against the debtor, the collection agency shall investigate any claim by the debtor or the debtor's attorney that:
1. The debtor has been misidentified,
2. The debt has been paid,
3. The debt has been discharged in bankruptcy, or
4. Based on any other reasonable claim, the debt is not owed.
10-25-2012 03:28 PM
Niiiiiice! Good job!
10-25-2012 06:10 PM
Congrats, I just called them yesterday trying to get a deletion and no luck. The account has been paid off for several years and it automatically came off one report, but is still reporting on TU and EX.
10-25-2012 07:06 PM
COngrat! I have been trying to get it delet for yrs. How did you do it? I sent emails, lettter through the mail and all.
10-25-2012 10:35 PM
I bow to you.
Congrats!
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