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crow

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  1. crow

    Lawsuit

    By paying the collection agency, you are acknowledging the debt as yours. Does the account have a "dispute" notation? You COULD (insert some negotiation here) to LVNV and try to sue for inaccurate reporting and possible reaging later, but you would be acting in bad faith. LVNV has a history of violating consumer protection statutes. You should (re)send ITS with specific mention of each violation and the statute violated. What did you say in your first letter?
  2. You're right. The contract with the utility most likely does not satisfy the Georgia Statute of Frauds, and so the SOL is 4 years, not 6.
  3. Georgia's SOL for written contracts is 6 years from the date of last payment. When did receive the letter from ERS?
  4. Also see this post.
  5. The CA is acting on behalf of the treasury (Ohio Revised Code, sec. 5719.051), but they are also bound by the FDCPA (American Jobs Creation Act, sec. 881). Ask the CA exactly what "collection cost 2" and "additional AGO interest" are. Validation requires disambiguation and acronym expansion.
  6. This is not sufficient. At a minimum, AAC should be able to furnish records from the OC. Send AAC another request, citing both 15 USC 1692(g) and Chaudhry vs. Gallerizzo for what was sufficient validation in one case. Asset routinely sends a "Chaudhry" letter in response to claims of insufficient validation. This way, you are preempting AAC's one key piece of ammunition.
  7. Was this statement provided as part of a dispute you initiated? What kind of debt is this?
  8. The debt is expired. The CA is located in PA, and is engaging in collection activities in PA, which means PA's SOL applies.
  9. Yes, the payment will be allocated to the highest-rate balance first under the Credit Card Holders' Bill of Rights (H.R. 627), which was signed into law in May of 2009.
  10. Landlords and utilities rarely report positive information as it is not in their financial interest to do so. If you want to start building a file, try becoming an AU on another person's account or applying for a CC with a prime bank or CU.
  11. See here. If you were originally dunned for debt that was in fact yours, the CA can issue a 1099-C, even if there were violations along the way.
  12. It is also possible your dispute went through E-Oscar, which is an automated dispute response system used by the CRAs and certain data furnishers. The automation may have made a mistake somewhere and associated a similar address for the record under dispute. Dispute again, including (at a minimum) the information cinnamngrl suggests, making sure your revised dispute is "different enough" from the original to avoid it being marked frivolous.
  13. Did you have an outstanding balance at the time you cancelled the agreement?
  14. What did you say in your dispute?
  15. The statute of limitations is 4 years in PA, which means the CA is trying to collect on barred debt. Pennsylvania is a two-party state, so if you want to record a conversation live over the phone, make sure you tell the other party you're doing so. You do not need consent for the voicemail messages. You might also consider doing some forensics and reconstructing the history of both accounts all the way back to the OC. Some of the violations you might find concern permissible purpose and reaging.
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