Time to file...what do you think?

[reno55]

I apologize in advance for the legnth of this but I think this will be the first CA I will have to file on and want to make sure I am thinking the right things here. I have a CA that I sent 2 short but sweet DV's to for two separate trade lines they were reporting back in the beginning of May.

Well June 1st came and they still had not replied to either one of them.Also they never bothered to mark them in dispute even though I have the green cards showing they received them. MAJOR FCRA violation there.

So this time I sent them out a 2nd DV being VERY specific on what I wanted to see from them and gave them 15 days to respond. This is what I got in their reply:

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"This letter will serve as "written" response to your correspondence dated 5/31 /08 (copy
enclosed) with regard to the above referenced collection accounts.

We originally sent you notification of these debts in 2003 via our initial demand letter.
Your failure to request "validation" during the initial 30 day period has long expired.

Both of the above referenced collection accounts remain unpaid to date. Since your
letter is not a refusal to pay the balances due and you have not stated that the debt is not
yours, we ask that you remit the balance in full."

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Looks like willful negligence on their behalf for sure. So they got this letter back with a copy sent to the State of Ohio Attorney General and the BBB of Cleveland:

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FINAL REQUEST, RESPONSE REQUIRED IN 72 HOURS FROM RECEIPT
SENT CERTIFIED MAIL RETURN RECEIPT #700xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Dear Revenue Group,

I recently received your reply to my 2nd request for validation of the following accounts:

Account # xxxxxxxxx
Account# xxxxxxxxxx

I will state yet AGAIN that I am sure you know under the FDCPA Section 809(cool.gif, you are NOT allowed to pursue collection activity until the debt is validated. You are still reporting this alleged debt to the credit reporting bureaus.

In your letter dated June 3, 2008 you state that I was sent written notification of these debts in 2003. I have never received any such notification. Please provide me with adequate proof that this letter was received by me.

In your reply you state that since my letter is not a refusal to pay and that I did not state the debt is not mine, that I remit the balance in full. This is a blatant disregard of my previous letters in which I informed you that I dispute your claims in the entirety. I have attached copies of earlier letters along with proof that you received both of them.

Additionally you have willfully and blatantly violated the FCRA Section 623 (3):

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information
furnished by any person to any consumer reporting agency is disputed to such
person by a consumer, the person may not furnish the information to any consumer
reporting agency without notice that such information is disputed by the consumer.

You have continued to report without marking these alleged trade lines in dispute. As I am sure your legal department knows that violation alone carries a $1,000 fine and punitive damages.

Therefore please provide the following at a minimum:

* Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
* Proof that I received your initial letter that you state you mailed in 2003.

*Complete Payment History

* 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.

If you wish to resolve this will be your last opportunity to do so. The aforementioned account numbers must be deleted from my all of my credit reports within 72 hours of receipt of this letter and you forward a letter to me stating that they have been removed and will not reappear on my credit reports again by you nor will they be sold, transferred or assigned to another agency.

Please be aware that if these accounts are not deleted from my reports within the provided 72 hours I will be pursuing further legal remedies for willful negligence of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. Please also be aware I have filed a formal complaint with the Federal Trade Commission, The Ohio State Attorney General, and the Better Business Bureau. Do not disregard this letter as I state once again this is your last opportunity to resolve this amicably. You have 72 hours to respond in kind. Thank you and I look forward to resolving this most expeditiously.
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At this point I do not expect them to do anything with it....I clearly have them on violation of the FCRA by not marking it disputed when they received my first 2 letters in May that they completely ignored.

My question is does it look like it is time to file on these guys? If so how do I file?

[Anonymous]

So you are looking at paper reports from the credit bureau stating they aren't in dispute right?  Not a triple merged report from a 3rd party informational site?

I'd keep building more documentation.  This probably wouldn't get you what you wanted in court....keep piling it on....then it will show willful negligence.

[reno55]

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@Anonymous wrote:

So you are looking at paper reports from the credit bureau stating they aren't in dispute right? Not a triple merged report from a 3rd party informational site?

I'd keep building more documentation. This probably wouldn't get you what you wanted in court....keep piling it on....then it will show willful negligence.

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I am looking at a direct TU report as they are only reporting to TU. How do I keep piling it on when this will be the 3rd time they willfully ignored it

[Anonymous]

when you can go o a judge and say....here's letter one, thirty days later letter 2, 15 days letter 3, 30 days letter 4 and finally when they didn't reply or take action on letter 5 I decided to file.

It becomes apparent they weren't taking any action.

Now if you file now....you state that well they didn't respont to my first letter and since they haven't responded withing 15 days to my second....    it just doesn't carry much weight. 

Have they updated the reports reporting a new month of delinq after receiving your DV?  If they haven't updated it then it could be TU hasn't responded to their request to delete the account....or note it as disputed....  if they updated more delinq after receivng the letter then you have them on that, but again I suggest you get HARD COPIES.

There isn't much on legal battles and such on MyFico but I might suggest you look at creditboards.com for help, they have some legal eagles over there to give advice.  You really don't want to start that road until you have given the collection co so much slack that they condemned themselves....  IMHO you haven't done that....  you HAVE reached a point that I would take that info and dispute TU with their lack of DV to have TU delete it.  If you really want to sue you need more evidence...and a good lawyer.  They probably wont take it unless you have tons of evidence to substantiate your case....again....go for more....