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CCS Final Chance - Your thoughts?

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Regular Contributor

CCS Final Chance - Your thoughts?

I have now sent 2 DV's to CCS for a trade line they have posted on my reports. This is what I sent them last:


reno55
135333333 Avondalee Rd


May 21, 2008

Credit Collection Services
2 Wells Ave
Dept 9134
Newton, MA 02459

2ND REQUEST, RESPONSE REQUIRED IN 15 DAYS FROM RECEIPT

Dear Credit Collection Services

I received your reply to my request for validation of an alleged debt that you say I owe you. On May 7, 2008 I sent your office a letter via USPS Registered Mail (tracking number 700xxxxxxxxx). Your office received this letter on May 12, 2008 and was signed by Troy Delgado.

I'm sure you know, under FDCPA Section 809 (cool.gif, you are not allowed to pursue collection activity until the debt is validated.

Please provide a minimum of the following pertaining to the alleged debt
* Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
* 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 v. 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.

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.
I have disputed this debt; therefore, until validated your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

If you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.

Also, be advised that I am keeping very accurate records of all correspondence from you and your company and I will not hesitate to report violations of the law to my State Attorney General, the Massachusetts Attorney General , the Federal Trade Commission and the Better Business Bureau.

Sincerely
reno55



Here is what I got back from them today:

Dear Mr Reno55,

We are in receipt of your recent correspondence concerning the account listed above. Under the Fair Credit Reporting Act (FCRA) Sections 623(a) (15 USC 1681s-2). this dispute is substantially the same as a dispute you previously submitted.

In order for us to take further action, we must have from you the information required under 623(ad)(8)(D). specifically, identify the specific information that is being disputer, explain the basis for the dispute and include all supporting documentation to substantiate the basis of the dispute. Pending receipt of this information we have advised the credit bureaus to which we report that this account is disputed .

This is an attempt to collect a debt blah blah blah





Sounds to me like they are dragging their feet......I am thinking this next letter will be going to the attorney generals office as well. Anyone else have thoughts?

Message Edited by reno55 on 05-31-2008 11:29 AM
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1 REPLY 1
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Moderator Emeritus

Re: CCS Final Chance - Your thoughts?

This is a DV- You are not required to submit ANY documentation
They did not say it was past your 30 day window- so IMO- They are in violation o FDCPA 

They ALSO acknowledged to be i receipt of your first DC-  

FCRA 623(ad)(8)(D).

(D)

Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to suchperson at the address specified by the person for such notices that--

(i) identifies the specific information that is being disputed;

(ii) explains the basis for the dispute; and

(iii) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.

Message 2 of 2
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