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I've been researching this zombie debt that recently popped up and it is supposedly for 5th 3rd bank overdraft fees. During the time these fees would have been incurred was the timeframes in which they had a lawsuit brought upon them for overdraft fees. They were ordered to pay 9.5 million. Now, obviously I would be well past the timeframe to get in on that class action, but can that be used to fight this collection agency? That the company was proven to be wrongfully charging overdraft fees? Thoughts? Just trying to get myself in the best position to fight this.
Call the bank and maybe they will drop the fees since that debacle happened.
Typically you can call the bank, and ask them to waive a late fee. You're first offense is excused.
@Anonymous wrote:Typically you can call the bank, and ask them to waive a late fee. You're first offense is excused.
This would be from probably 9 years ago and according to the phone call, it is now ballooned to over $3k. Not something I can call the original bank in regards to at this point, I highly doubt they still own the debt since I've heard nothing until a skip tracer finally called me Friday about it.
You're making me want to pay the 227 I owe them right now.
What was the specific finding of facts in the prior civil action that led to the judgment that the fees were improper?
Does that same fact situation apply to your case, or were the fees assessed on your account not covered under the facts of the prior case?
You can always file a dispute contesting the accuracy of the reported debt.
You can cite the civil judgment as logical support for your assertion, but prior cases dont normally become binding precedent unless or until they are affirmed on appeal, so they do not legally constitute binding case law interpretation of the statute or reg upon which the decision was based.
If the debt collector verifies the accuracy, notwithstanding your assertions and citation of the prior case, you can always then bring your own civil action and hope for the same finding by the court, provided your facts are the same as those of the prior case.
As an aside, if the debt collector has reported a collection to the CRAs, they are requried to provide the date of first delinquency to the CRA.
If that DOFD is more than 7 years plus 180 days ago, as is apparently the case if the debt was 9 years prior, then you can challenge the showing of any collection in your credit report as requiring exclusion per FCRA 605(c).
Thank you! There is nothing on my credit reports regarding this, nor has there ever been. It is all very strange. The debt collector called again today saying she mailed information and was seeing if I received it. I still have not received anything. Tomorrow will be 5 full business days since I spoke with her last Friday. We shall see if something arrives tomorrow or not.
@RobertEG wrote:What was the specific finding of facts in the prior civil action that led to the judgment that the fees were improper?
Does that same fact situation apply to your case, or were the fees assessed on your account not covered under the facts of the prior case?
You can always file a dispute contesting the accuracy of the reported debt.
You can cite the civil judgment as logical support for your assertion, but prior cases dont normally become binding precedent unless or until they are affirmed on appeal, so they do not legally constitute binding case law interpretation of the statute or reg upon which the decision was based.
If the debt collector verifies the accuracy, notwithstanding your assertions and citation of the prior case, you can always then bring your own civil action and hope for the same finding by the court, provided your facts are the same as those of the prior case.
As an aside, if the debt collector has reported a collection to the CRAs, they are requried to provide the date of first delinquency to the CRA.
If that DOFD is more than 7 years plus 180 days ago, as is apparently the case if the debt was 9 years prior, then you can challenge the showing of any collection in your credit report as requiring exclusion per FCRA 605(c).
Sounding more like garbage. Bet you wont get anything in the mail either. Wait another week and block the number.
Edit: Google the number and see if its on a scam report website. I do this all the time on numbers I dont know. You'd be surprised.
Did receive letter. Posted pics in new thread about debt validation. Didn't think it would get seen if I added it here.
@FireMedic1 wrote:Sounding more like garbage. Bet you wont get anything in the mail either. Wait another week and block the number.
Edit: Google the number and see if its on a scam report website. I do this all the time on numbers I dont know. You'd be surprised.