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A Setback That I'm Not Sure How To Handle

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Senior Contributor

Re: A Setback That I'm Not Sure How To Handle


@the_jan_b wrote:

@FireMedic1 wrote:

Perfect. Time to get to work filing complaints. As you said calling them is basically useless and they werent really turthful about it. You got the ammo now. Start with the CFPB first. They are the watchdogs for us the consumers:

https://www.consumerfinance.gov/complaint/  (Upload all the e-mails)

https://www.bbb.org/consumer-complaints/file-a-complaint/get-started 

 


Thanks, FireMedic1 for your help!  Smiley Happy They are gathering all of the documentation, and stated that they will be filing complaints within the next couple of hours. I'll post updates as they happen.

 

Also, will the email from the OC count as the dunning notice; or that will be sent by the CA itself?


Usually by the CA.





My posts are JMHO. I DO NOT claim to be a FICO expert. Just sharing my experiences from rebuild to recovery after BK DC. My siggy is not to brag at all. Just to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 11 of 13
Senior Contributor

Re: A Setback That I'm Not Sure How To Handle


@Brian_Earl_Spilner wrote:

Contact a consumer protection attorney and sue for breach of contract and for damages from the collection agency reporting. While a payment arrangement for digital payment isn't a postdated check, I'm sure a good enough lawyer could make a valid argument that there's an FDCPA violation in there also because a postdated check has a certain time frame where it must be deposited (10 days). Good luck to them.


The OP's friend  "in the group made arrangements to pay an OC with automatic monthly payments from a debit card that's only used for CA payments." Where did postdated check come from? For all the time, gas, meetings for $1000 isnt worth it IMO. The court can award these damages if the consumer proves the collector violated the FDCPA, but the consumer does not have to prove that the violation caused any harm. This $1,000 is per lawsuit—not per violation—so if the creditor violates the FDCPA once or multiple times, the consumer still only collects up to $1,000. Getting negs off a credit report is more valuable in the long run for better credit opportunities in the future.





My posts are JMHO. I DO NOT claim to be a FICO expert. Just sharing my experiences from rebuild to recovery after BK DC. My siggy is not to brag at all. Just to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 12 of 13
Established Contributor

Re: A Setback That I'm Not Sure How To Handle


@Brian_Earl_Spilner wrote:

Contact a consumer protection attorney and sue for breach of contract and for damages from the collection agency reporting. While a payment arrangement for digital payment isn't a postdated check, I'm sure a good enough lawyer could make a valid argument that there's an FDCPA violation in there also because a postdated check has a certain time frame where it must be deposited (10 days). Good luck to them.


Thank you, Brian_Earl_Spilner!  I'm pretty sure that this will make them feel a little better; but I have a question: I'm pretty sure the CA hasn't hit their credit report yet, because they received the email about the account being transferred within the past few days (but I could be wrong); but would they still be able to sue...or do they have to wait for the CA to hit their report?

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Message 13 of 13
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