Jump to content

Search the Community

Showing results for tags 'fdcpa'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Intro & News
    • Please Read Before Posting - NEWBIES START HERE
    • CB gets Press!
    • CreditBoards Success Stories
    • Newbies Section
  • Creditboards Main Forums
    • Credit Forum
    • Medical Billing & Medical Collections
    • Bankruptcy
    • Foreclosures/Loan Modifications
    • Chexsystems Help
    • Debt Consolidation, Counseling and Management
    • Military Credit
    • Canadian Credit
  • Financing
    • Mortgages
    • Automotive Financing
    • Student Loans
    • Business Credit
  • Money Management
    • Money Management
  • Special Topics
    • VISA MC policies
  • Resources
    • Laws Laws Laws
    • Where can I Find?
    • CaseLaw
    • State Laws
    • Debt Collector Hall of Shame
    • Identity Theft
    • CreditPulls Database
    • Databases and Reference
    • Sample Letters
  • Misc.
    • General Discussion

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Website URL


ICQ


Jabber


Skype


Location


Interests

Found 18 results

  1. Is there a way to get the CRAs to remove/delete a charge-off from my file if the OC has updated it from a balance owed to $0 and transferred? I have tried to get it updated or deleted and only one CRA has changed it from a charge-off. This is the only neg reporting thing on my report but it's still there and it has cost me nearly 175 points. So, the cliff notes version of my backstory goes a little something like this: I had an account that I chose to close because they wouldn't give me a CLI. I was told I could set-up autopays for the remainder of my account balance until satisfied. About six months later I was applying for a loan to help pay for law school and got declined. I was surprised because my scores were all in the 700's. I discover that this closed line was reporting 120 days late. Im fuming at this point and seeing red. I contact them and they say I haven't made a payment since the account was closed and I proceed to argue with them that's not accurate. I subsequently check the account I set-up drafts from to see all the money still sitting there. I speak with a girl who informs me that I can pay the past due, minus the fees, and then continue paying the account down. I could also request the late fees and such to be removed or credited due to the clear misunderstanding. I pay the nearly $1k and move on. About 10 days later I get a call from a CA that my account was sold to them. All HELL effectively breaks loose. I go through a BS circle of "he said" "she said" on my account and ultimately they refuse to correct their mistakes. The CA is confused because they see the large payment made and don't quite understand what has happened. While I proceed to escalate my complaint to the corporate offices of this bank and promise legal action if the now reporting charge-off isn't removed, the CA tells me they won't report anything on my credit if I want to just pay them the remaining balance. The catch is it has to be in full. So I agree, but it needs to be split up into two payments. About 2 weeks after the first payment goes through, a collection account pops up on my credit reports. Need I say my eyes are once again seeing red?!?! I reach out to the CA and tell them they lied and violated an agreement. I accuse them of fraud and they guy tells me the rep that made the agreement with me "misspoke" but that he would speak with their legal team and see what they could do. I didn't hear back from him for a week and sent them an email which also served as my notice to file suit. They never replied. I blocked their access to my account and reached out to an attorney. After consultation, I proceeded to make good on my notice of filing a federal lawsuit against them for multiple violations, including breach of contract, attempt to defraud and FDCPA. Meanwhile, they continued to bury themselves by leaving vmails, all of which broke the FDCPA each time by not giving the "this is a debt collector and message only for Bld08" elevator speech, prior to leaving the message and two of them they admit to making a mistake by reporting the item and that they were trying to have it removed but that it would not really fix my credit score. My lawsuit is still ongoing, as it was filed in federal court on Sept. 4, 2014.
  2. I asked Midland to validate a 4 year old frivilous debt, and following their falure to validate I sent them an ITS letter and complained to the CFPB. They responded saying that I only had 30 days from the time they sent me the first letter to dispute the debt. What case law can I reference to offer my rebutal and how should I respond ?
  3. Okay...I'm not sure what to make of this. I need some pro help. I just had from a JDB who made ONE call to me this week, on which I immediately filed complaints with CFPB, FTC and FCC -- it was a robo-call for a fictitious payday loan. I get a new scam operation calling me every month, and I'm not playing around anymore. I have an attorney filing suit on 2 in GA this week, and this one is in the Buffalo, NY area...imagine that. In my CFPB complaint, where it asks what a "fair resolution" would be -- I said I would accept $1000 from the CA for this violation of the FDCPA and not charge them for the TCPA violation. I added that this would preclude them from selling this BS to any other entity. Their Compliance Manager just called me to "ACCEPT MY OFFER" and pay me $1000 -- their attorney is sending the agreement overnight as soon as the the docs are finalized today. HUH...?!
  4. Hi. I got a letter from a company called Cach, LL. They say I owe them $4000+ dollars. The original creditor was HSBC Bank in Nevada. I wrote to Cach, LLC about the debt and they said they weren't a collection agency but some sort of middleman that gave the accounts to lawyers across the country so they could sue people. The way they appear to work is that they buy junk debt from years ago and sue. The people they sue get scared and don't answer the summons or show up in court, so Cach, LLC wins by default and start garnishing their wages, etc. I DO NOT want to talk to these bottom feeders, who I consider scum sucking the last life out of people suffering in this economy, suffering caused by people like them. So I called HSBC Bank in Nevada. They said that they couldn't tell me anything about the debt, that capital One bought up a bunch of HSBC's old files and, I'm guessing, sold them to these 'how do they sleep at night' law firms. This is just a shot in the dark, but is there any part of the laws in the FDCPA or any law that says they can't tell me ANYTHING about a debt they sold to Cach? I have called about a card that was charged off before from Capital One and they said I couldn't PAY them, as they had sold the debt to a collection agency, but they did tell me the account numbers and amounts and what sort of loan it was. I'd like to be able to call them back and demand they tell me the dates and amounts and account numbers, etc. but I'd need chapter and verse from the FDCPA. I know some of you have practically memorized the thing and I'm asking for a little help on which sections to cite to HSBC about this debt. The only record that I have on this debt is one showing up on my TransUnion credit report saying 'Paid as agreed'. I know that the SOL has passed on this, but I don't want to wait around for Cach, LLC to sue me, or have the summons 'lost' and find out when they empty my bank account. In fact, I'd like to sue them, if that was even possible, and HSBC too if I could. I'm just SO INCREDIBLY MAD that people are collecting gossip and selling it back and forth to each other and it being somehow OK in this country. Sorry for the rant but- chapter and verse anyone? Please. AND thank you.
  5. I'm new here & apologize in advance for any errors/Mis-Postings. I've also been perusing for a few days & now it is time I chime in. First, I APPRECIATE all your hard work and information available on this site. I'm quite impressed & grateful that there are so many people willing to take the time to help others. THANK YOU ALL FOR THE GREAT JOB :) Anyway, I've rebuilt myself up after my "7-10 year penalty" due to becoming disabled & after a house fire in 2007. Long story short, it took alot of hard work and A LOT MORE PATIENCE/TIME!!! After re-establishing to the point I am in the midper (mid & a tad North of the700's ), on 02/15/2014 I got an alert that a "New Collection Account has posted to my CR". About an hour later, I got another one from CK for the same thing. So I log in, I see I've LOST 45 points, and I immediately do a CR pull to find out more on this "Pinnacle" place. I've done alot of searching on this "Factoring Company" nonsense, as well as Pinnacle, as well as what letters to write but again, and PLEASE do not be irritated, however I just have NO idea how to even begin to tackle this. I've never seen it happen before and I have NO CLUE who the OC would even be (or who they bought this from if Pinnacle is the OC). No letters, no nothing - just an IQ from 12/27/13 from Pinnacle, then it hit on 02/16. None of this makes sense & I am in a COMPLETE panic over what my creditors will do to me as a result of the score dropping due to, of all things, a BRAND NEW collection account that has been RE-AGED from the looks of things. I know that's an FCRA no-no, and I know the lack of ANY correspondence is also a no-no. This could not have come at a worse time as well as I'm in the midst of a mortgage process & when the lender catches wind of it, I GUARANTEE all deals will be off. Given the intensity of the situation, and before I send off my 3-page Validation to Pinnacle (based on § 807(11) - lack of required disclosure from a debt collector, § 807(8) communicating info which is known to be false, § 809 - standard stuff, and § 623 - reporting w/knowledge of errors et.al., and finally a § 623 dispute w/the CRA's. I am using that § 807(11) since even though there has been no "communication", they have now "communicated" via a third party, i.e. the CRA's, Certainly I am no expert however I have had my fair share of all this too - and knowledge is power - but this whole "Factoring Company" nonsense has thrown me for a loop. Looking through these forums, they're a JDB/CA, but apparently utilizing the "Factoring" aspect allows em' to report a WHOLE lot more - to which they are - as a revolving account impacting my AAOA, Util, and history. I'm at a total loss and again, I apologize for all this as I admit I'm STUCK!!! The TL appears as follows: PINNACLE CREDIT SERVICES L PO Box 640 Hopkins, MN 55343-0640 (952) 939-8100 Account Number: OK05XXXX Current Status: At least 120 Days or More Than Four Payments Past Due Account Owner: Individual Account. High Credit: $1,253 Type of Account : Revolving Credit Limit: N/A Terms Duration: Terms Frequency: Monthly Date Opened: 12/20/2013 Balance: $1,253 Date Reported: 02/15/2014 Amount Past Due: $1,253 Date of Last Payment: Actual Payment Amount: $0 Scheduled Payment Amount: $0 Date of Last Activity: N/A Date Major Delinquency First Reported: 02/2014 Months Reviewed: 3 Creditor Classification: Factoring Company Activity Description: N/A Charge Off Amount: $0 Deferred Payment Start Date: Balloon Payment Amount: $0 Balloon Payment Date: Date Closed: Type of Loan: yes Date of First Delinquency: 12/2013 Comments: Collection account 81-Month Payment History No 81-Month Payment Data available for display. I really appreciate it in advance, I honestly do not know what else to say/do at this point, but I want to utilize the rest of the weekend to attack this come Monday morning. Thanks again everyone & I hate to even ask for help but I've tried & tried only to start getting more confused. Take care
  6. https://www.govtrack.us/congress/bills/113/hr3402 H.R. 3402: To improve the Fair Debt Collection Practices Act by explicitly barring debt collectors from bringing legal action on a debt in which the statute of limitations has expired against any consumer, and for other purposes. Prognosis 7% chance of getting past committee. 1% chance of being enacted. Only 11% of bills made it past committee and only about 3% were enacted in 2011–2013.
  7. I just received a call from a blocked number on my phone. The voicemail states my name and last four of my social. Caller states she is contacting me on behalf of my "local liaison's office" and that the reason for the call is that she has "been scheduled to come to my home or place of employment to serve you with legal documentation". They go on to state I should contact the 'complaintant' and give the number for Brinkman Alliance Group in Texas. They called the wrong person - an informed, educated consumer. IF they have information on some debt of mine, it has to be well beyond SOL for action because I only have ONE debt that I truly owe that I haven't paid other than medical collections that my attorney has already contacted and arranged payment with (part of an accident settlement). I really, really loathe this predatory, illegal type of behavior and would LOVE to have some fun with these guys. I can always call my state AG and report these guys, but is there something else I can do to have some fun with them? Thoughts? Ideas? <insert evil laugh here.
  8. http://indianalawblog.com/archives/2013/10/ Where you bring suit matters.
  9. Hello! I wasn't too sure where to post this but I need some guidance please! Yesterday, I received a threatening message from a man from (855-515-3514). He stated my first and last name and that the message was 'to notify of a process server will deliver important legal documents' to my employer tomorrow between the hours of 12-5. He said I should have 2 forms of ID for verification. I was a bit freaked out, especially since I have paid all of my bills in a timely manner for the past 9 years so shouldn't be sued for anything. So I called the number and some strange lady answers and puts me on hold for 5 minutes which I then hung up. I never received a name of this 'company'. So today, the same man called again saying he 'wasn't notified to take me off the list' so he will be serving me papers at my employer today. I am a bit rusty on the laws but this seems illegal. Can anyone please advise of what I should do? Thank you in advance!
  10. Has there been anything, including case law, that establishes whether or not, obtaining an individual's credit report for the purposes of collection is considered initial communication under the FDCPA?
  11. http://www.ftc.gov/opa/2013/07/nco.shtm With more than 32,000 employees and revenues in 2011 of more than $1.2 billion, the Texas-based Expert Global Solutions and its subsidiaries – ALW Sourcing, LLC; NCO Financial Systems, Inc.; and Transworld Systems, Inc., which also does business as North Shore Agency, Inc. – collectively are the largest debt collector in the world. In addition to their U.S. offices, the companies operate in Canada, Barbados, India, the Philippines, and Panama. In its complaint, the FTC charged that the companies violated the Fair Debt Collection Practices Act and the FTC Act by using tactics such as calling consumers multiple times per day, calling even after being asked to stop, calling early in the morning or late at night, calling consumers’ workplaces despite knowing that the employers prohibited such calls, and leaving phone messages that disclosed the debtor’s name, and the existence of the debt, to third parties. According to the FTC’s complaint, the companies also continued collection efforts without verifying the debt, even after consumers said they did not owe it. Under the proposed order, whenever a consumer disputes the validity or the amount of the debt, the defendants must either close the account and end collection efforts, or suspend collection until they have conducted a reasonable investigation and verified that their information about the debt is accurate and complete. The proposed order also restricts situations in which the defendants can leave voicemails that disclose the alleged debtor’s name and the fact that he or she may owe a debt. Also under the proposed order, the defendants must: stop falsely representing that they will not call a number to collect a debt; not harass, oppress, or abuse a consumer while attempting to collect a debt; not communicate with third parties about a consumer’s debt; not communicate with a consumer at his or her workplace if it is clearly inconvenient or prohibited by the consumer’s employer; except in limited circumstances, cease communications if a consumer has requested no further contact or if a consumer refuses to pay a debt; and not violate any provision of the Fair Debt Collection Practices Act. The defendants also are required to record at least 75 percent of all their debt collection calls beginning one year after the date of the order, and retain the recordings for 90 days after they are made.
  12. Hi - I wish I could remember my old account on here and email.. but that's another story... anyway.. onto the meat of the post: I DV'd a CA who responded back, paraphrasing, that they are closing my account with them, informing the CRAs to delete and have sent the account back to the creditor. It's been about 8 or so years since I've done any credit clean up, but I seem to recall that if a CA can't validate the debt, they can't sell, transfer or other get rid of the account as it would violate FDCPA. Or am I completely off base and remembering things incorrectly?
  13. I have 2 CA's reporting on the same account - a small balance on an old utility bill. I am going back after the OC to recall and delete, and looking for some leverage (in addition to paying them) I could not find a specific prohibition in the FDCPA about 2 CA's reporting same account, but I'm guessing that there is something in there that would be useful. I know that FDCPA does not apply to the OC - but it does to the CA's. Thanks for any thoughts.
  14. Does it say somewhere in the FCRA and/or the FDCPA that charged-off unsecured credit card debt can't be charged off? If so, can you point it out to me because I can't find it in there?
  15. And yet another reason why Pro Se litigators need to do thier homework or hire it out... NEVRIK BERBERYAN v. ASSET ACCEPTANCE, LLC Case No. CV 12-4417-CAS (PLAx). United States District Court, C.D. California. March 18, 2013. Ashley Fickel, Attorneys Present for Defendants. My highlights: ____ In opposition, plaintiff argues that defendant "communicated" with her through its alleged reporting of a debt that appeared on her credit report, but plaintiff offers no authority that supports such an expansive reading of the term "communicated." Opp'n at 6. Defendant must do something more than allegedly place notice of a disputed debt on plaintiff's credit report to trigger its disclosure duties. And even if such disclosure duties were triggered by plaintiff's letter that disputed defendant's right to collect on any debt, see 15 U.S.C. § 1692g(, plaintiff has not alleged that defendant was engaged in any "collection activities" at the time of her letter. Furthermore, plaintiff fails to allege that defendants employed any cognizable "deceptive means" in connection with the collection of any debt; there are no allegations that defendant committed any deceptive actions, other than reporting a debt to a CRA. Id. Because plaintiff alleges facts that demonstrate that defendant did not violate the Act, bare recitals of the elements of a claim under the FDCPA are not sufficient to survive defendant's motion to dismiss. In support of her claims, plaintiff alleges that defendant violated section 1681s-2( (1) by "failing to conduct a proper investigation," after receiving notice from a CRA that plaintiff disputed the information in her report. FAC ¶ 31. Had defendants conducted such an investigation, plaintiff alleges that defendant would have realized they "could not collect upon [her] account." Id. Indeed, without offering "proof of the right to collect upon [a] debt" before allegedly verifying that debt for a CRA, plaintiff contends that defendant violated the FCRA. Id. ¶ 30. The Court concludes that plaintiff fails to state a claim under the FCRA. Plaintiff fails to offer any factual allegations supporting her contention that defendant's investigation of her disputed account was unreasonable. First, there is no duty on the part of the furnisher to provide proof of its right to collect upon a debt under the plain language section 1681s-2( . As plaintiff herself alleges, she received confirmation from the CRAs that Asset had verified the account appearing on her credit report as valid. FAC ¶ 16. Plaintiff cannot attempt to impose a further requirement of "validation" in section 1681s-2( , above and beyond that of "reasonable investigation," where none exists
  16. BIG LOSE ON THE FDCPA. http://www.supremecourt.gov/opinions/12pdf/11-1175_4fc5.pdf Our fount of consumer justice just dried up and blew away on the wind. if you lose your FDCPA case, you may have to pay the CA's attorney fees, regardless. even if you did not bring a frivolous case in bad faith. So , It's an real end to Pro se Filing federal lawsuits on FDCPA claims . if you ever wonder just how badly folks misunderstand the FDCPA nd federal rules of civil procedure, just go to google scholar and search federal courts with " fdcpa" please Write your Congressman and Senator asking them to amend the FDCPA. the FTC even submitted an amicus brief to the court on behalf of the goverment, to no avail. http://www.ftc.gov/os/2012/08/120803marxgeneralamicusbrief.pdf here's a sample letter for your congressman RE; Marx v. General Revenue Corporation Dear _________________, I hope you find the recent Supreme court decision in Marx v General Revenue as apalling as I do. The court has once again obivously misread the United States legislature intent on the FDCPA cost shifting rules in this opinion, now charging the plaintiff with paying the attorney fees of the defendant even if the lawsuit wasn't brought in " bad faith". The specific cost shifting provision in FDCPA 15 usc 1692K(a)(3) allows the taxation of costs against a consumer plaintiff only when the action is brought in bad faith. This section of the FDCPA preserves the Legislatures' carefully reasoned incentives for consumers to bering private enforcement actions that are crtical to carrying out the FDCPA detterent and remedial purposes as envisioned by the United States Congress. Since the expected recovery of such enforcment actions is often modest, and the Federal rule shifting on the offer of judgment playing such a large role, these cases are often settled by the defendants. The consumer who bring a FDCPA case is already in debt, and can never assume that they will prevail against the large, well organized creditor law firms that the defendant's hire for defense. This new ruling that authorizes the defendants to recover thier costs regardless of the FDCPA clauses will create a significant disincentive to the prosecution of private enforcement actions. Please amend the FDCPA to reclarify the congressional intent and to make these costs " Only when the lawsuit is brought in Bad faith, contrary to rule 54(d)(1) . I hope that your take consumer protections seriously, and I hope to vote for you again in the next elections. Sincerely,
  17. My question involves collection proceedings in the State of: Virginia My primary residence went to foreclosure, had an 80/20. The second was charged off and sold to a debt collector since Virginia is a recourse state. I have asked for verification of the debt from the collection agency. More specifically, I requested the note and proof of the current ownership of the debt. They first sent me various signed loan documents, nothing that verified the debt nor the collection agency's claim that their client now owned the debt. When I pushed back for the correct and true documentation I was sent a bill of sale, the original note, and a signed letter from "the company" claiming to now own the debt which stated that the collection agency was working on their behalf. The first page of the bill of sale identified "the company" as purchasing a bulk lot of loans from my former lender. The second page was for the most part blacked out (like whomever made a copy had covered up parts of it with two sheets of paper) save for one line item which included a loan number which I have never been associated with, a property address in a completely different state, and a dollar amount that was not my original loan amount. My assumption is that someone of questionable competence made a mistake when sending me the document. Meaning that my loan number is in fact on the blacked out paper somewhere with my correct property address and loan amount. Obviously, I could just point out this error to the agency and make them aware that what they have sent still doesn't fulfill my request to verify the debt and its current owner. However, before I do that I want to cover all my bases. Did the collection agency violate the Fair Debt Collection Practices Act by revealing someone else's debt to me with the information on the 2nd page of the bill of sale? If so, should I report it, talk to an attorney and cease communication with the agency, or is this something I can use as leverage in negotiating a settlement on my own? Or is this not a big deal/mistake on their part and I'm just grasping at straws? Any help is appreciated.
  18. I filed a complaint with the BBB and Verizon gave a response withe the amount of money that I owe on my account. Is it legal for them to share this info with someone else without my consent to do so?

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines