CMI - Time Warner

[Anonymous]

Just filed a complaint with both the BBB and AG.....

[ngerasimatos]

Got a reply....

** Federal law requires me to inform you that this is an attempt to collect a debt and that any information obtained will be used for that purpose.***

Mr. Gerasimatos,

I was able to review the documentation you sent us.  I found a copy of your ID Theft Affidavit that was signed, but not notarized; a copy of a police report filed July 18, 2007 with the Huntington Beach Police Department; and a copy of a court document date 7/17/07 about the DMV incidents in 2002 & 2003 where Mr. Ciacco misused your driver's license during a traffic stop.

I'm sure that the theft and misuse of your identity has been a frustrating and difficult situation, and it is not our intent to add to your frustration, but we do require several pieces of information from anyone who states they are a victim of ID theft, based on the FTC's recommendations on their ID Theft/Fraud website.  The items are:
1.        A signed and notarized ID Theft affidavit
2.        Copy of the filed police report
3.        Proof of residency at the time the specific debt was incurred
4.        Copy of your Social Security card

These are the same items that our client Time Warner requires in order to categorize your account as ID Theft.

Obviously, we have the police report, but we need to ask you to have the affidavit notarized in the provided space below your signature.  In your affidavit, you also checked the box indicating you would provide proof of residency for the particular account.  In this case, that would be for the time period just prior to February 2007, when the cable service was disconnected.  Finally, please provide a copy of your Social Security card.  Upon receipt of these items, we'll be able to confirm to the credit bureaus that this account is ID Theft and withdraw it.

You may fax any of these items to us at 1-800-377-7715.  Please put them to my attention.

Thank you for your assistance.

Sincerely,


Nelson K. Wilson
Credit Management, LP
A Professional Collection Agency
Phone: 800-377-7713 (x348)
Fax: 972-862-4373
nwilson@thecmigroup.com

Message Edited by ngerasimatos on 03-14-2008 04:48 PM

[athensguy]

You should not provide them with any of this information. They didn't properly respond to a DV and they verified with a CRA. I would cease correspondence with them and sue.

[ngerasimatos]

Can someone please recommend me a good lawyer.

[Red1Blue]

Let me know if you find a Lawer. I'll join with you to file the law suit. You might want to search on the internet for consumer rights atty.

[ngerasimatos]

I sent another reply, and CC'd my states AG's office, and the Chair of Washington's Law Enforcement Group against Identity Theft. Now its time to wait and see.

Mr. Wilson,

I'm sure you know, under FDCPA Section 809 (be), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

As of 03/15/08 you have continuously refused to validate this debt.Therefore you are in violation of FDCPA.

I request that you provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509
• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola vs.. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation.

Regards,

Nicholas Gerasimatos

[Anonymous]

How many violations do you have racked up?

Paper does not seem to help- (except that each peice of paper they send you is a violation)

naca.net

[ngerasimatos]

Currently, I have 5 violations tallied. I am sure there are more to come if they continue in this manner.

[Red1Blue]

Find an Atty online. I'll join you with the Class Action Suit.

[ngerasimatos]

I sent an email to multiple attorneys, now its time to wait and see who is interested.