How many violations can you find?

[DRTDEVL]

I am picking ONE file from my CR (EQ) that I pulled today at random. I wanted to see how many violations I can find, and now, how many more you all can point out. The war is about to commence in the DRTDEVL household...

 

ANDERSON FIN NETWORK/BLOOM

404 Brock Dr

PO Box 3097

Bloomington, IL 617023097

 

Account Number: SPRINT PC-XXXXXXXXX

Account Owner: Individual Account

Type of Account: Open

Date Opened: n/a

Date Reported: 04/2004

Scheduled Payment Amount: $0

Charge Off Amount: $0

Balloon Payment Amount: $0

Current Status: COLLECTION ACCOUNT

High Credit: $265

Amount Past Due: $265

Actual Payment Amount: $0

Date of Last Activity: n/a

Months Reviewed: n/a

Activity Description: n/a

Type of Loan: Factoring Company Account (debt purchaser)

 

 

Anything not covered here was left BLANK by the CA... BTW... I never had a Sprint phone before, so I truely don't know where this came from... I can find 4 clear violations, and a 5th possible... How many can YOU find?

 

 

PS: I am really just testing myself to see how much I have learned in the past month... I need to know if I truely posess the knowledge to start the fight, or if I need to sit back and research more before I strike at anything (including accounts past SOL).

[goofsr]

Hrmmmm, /puts on violation shoes/

 

Open Account,

Factoring Account

Date Opened

 

I guess i'm not as good as you!

 

BTW: Sprint bought out other entities such as PrimeCo and other regional cell phone networks. Think waaay back, just in case.

[jsk]

I went thru the same exact thing with the same CA. Never had Sprint but Anderson had a $500 bill for me from them.

[shanes76]

I have a few accounts that say open account

date opened N/A

and factoring account

 

can violations get them removed?

[pryan67]

I am picking ONE file from my CR (EQ) that I pulled today at random.  I wanted to see how many violations I can find, and now, how many more you all can point out.  The war is about to commence in the DRTDEVL household...

 

ANDERSON FIN NETWORK/BLOOM

404 Brock Dr

PO Box 3097

Bloomington, IL  617023097

 

Account Number:  SPRINT PC-XXXXXXXXX Violation..it's NOT yours

Account Owner:  Individual Account

Type of Account:  Open violation

Date Opened:  n/a violation, not complete

Date Reported:  04/2004

Scheduled Payment Amount:  $0

Charge Off Amount:  $0

Balloon Payment Amount:  $0

Current Status:  COLLECTION ACCOUNT

High Credit:  $265

Amount Past Due:  $265

Actual Payment Amount:  $0

Date of Last Activity:  n/a violation, not complete

Months Reviewed:  n/a

Activity Description:  n/a

Type of Loan:  Factoring Company Account (debt purchaser) violation

 

 

Anything not covered here was left BLANK by the CA...  BTW...  I never had a Sprint phone before, so I truely don't know where this came from...  I can find 4 clear violations, and a 5th possible...  How many can YOU find?

 

 

PS:  I am really just testing myself to see how much I have learned in the past month...  I need to know if I truely posess the knowledge to start the fight, or if I need to sit back and research more before I strike at anything (including accounts past SOL).

<{POST_SNAPBACK}>

[pryan67]

I have a few accounts that say open account

date opened N/A

and factoring account

 

can violations get them removed?

<{POST_SNAPBACK}>

 

 

you can try to leverage their violations (you need solid ones though) for deletion with the CAs...basically give them the choice...either delete or go to court

[DRTDEVL]

I am picking ONE file from my CR (EQ) that I pulled today at random.  I wanted to see how many violations I can find, and now, how many more you all can point out.  The war is about to commence in the DRTDEVL household...

 

ANDERSON FIN NETWORK/BLOOM

404 Brock Dr

PO Box 3097

Bloomington, IL  617023097

 

Account Number:  SPRINT PC-XXXXXXXXX Violation..it's NOT yours

Account Owner:  Individual Account

Type of Account:  Open violation

Date Opened:  n/a violation, not complete

Date Reported:  04/2004

Scheduled Payment Amount:  $0

Charge Off Amount:  $0

Balloon Payment Amount:  $0

Current Status:  COLLECTION ACCOUNT

High Credit:  $265

Amount Past Due:  $265 Can a collection account have a past due amount?

Actual Payment Amount:  $0

Date of Last Activity:  n/a violation, not complete

Months Reviewed:  n/a

Activity Description:  n/a

Type of Loan:  Factoring Company Account (debt purchaser) violation

 

 

Anything not covered here was left BLANK by the CA...  BTW...  I never had a Sprint phone before, so I truely don't know where this came from...  I can find 4 clear violations, and a 5th possible...  How many can YOU find?

 

 

PS:  I am really just testing myself to see how much I have learned in the past month...  I need to know if I truely posess the knowledge to start the fight, or if I need to sit back and research more before I strike at anything (including accounts past SOL).

<{POST_SNAPBACK}>

<{POST_SNAPBACK}>

 

Another question above in BLUE text...

[Frisbee]

Well, there are actually more violations because of the "factoring" notation. The factoring notation alone is worth about 3 violations.

 

Don't believe they can show past due.

 

I have a nifty list of "factoring company" violations if you want.

[pryan67]

oops...missed the "past due" one...my bad...

 

I GOT to get more sleep *grin*

 

 

Frisbee...that list might be handy to have...

[Frisbee]

I'm not taking credit for all this. I ran around finding it and putting it together. Anyhow "factoring company" violations:

 

15 USC 1692e(12) - The false representation or implication that accounts have been turned over to innocent purchasers for value

 

15 USC 1692e(2)(A) - Falsely characterizing the account as a "factoring company" account.

 

15 USC 1692e(8) - Communicating credit information which is known or which should be known to be false, by reporting the account as a "factoring company" account

 

15 USC 1692e(10) - Using any false representation or deceptive means to collect or attempt to collect any debt by reporting the account as a "factoring company" account

 

15 USC 1692e(12) -Alleging that the account was a "factoring company" account resulting in the false representation or implication that accounts have been turned over to innocent purchasers for value.

 

15 USC 1692e(2)(A)- by falsely reporting the legal status of the account as not in default

 

 

 

15 USC 1692f - Using unfair or unconscionable means to collect or attempt to collect any debt by reporting the account as a "factoring company" account to deceive current and potential creditors and to negatively impact my credit scores.

Edited June 2, 2005 by Frisbee

[shanes76]

I just wrote down all those laws, as I looked at my reports, there are olt of these saying the same stuff, the factoring company and all, just like the one listed above, question is, can listing tthese accounts these really impact your credit score more than if they were listed the correct way? Also one suggestion was to tell them to delete or go to court, what type of letter would you use for that? Do you list all the violations like they are listed above or just the number of the law? And I also read in a thread that you can get $1000.00 per violation or action, are these the violations they are talking about?

[DRTDEVL]

So, I did a little research in the matter, and this is my conclusion. Correct me if I am wrong:

 

Essentially, this is being reported as Sprint PCS selling a current, active account in good standing to Anderson Financial Network (AFNI) with a $265 balance, but AFNI purchased it for a discount rate. Somehow, this good account is in collections, contradicting what AFNI is reporting by claiming to be a factoring company.

 

AFNI wants to have their cake, and eat it too. According to the opinion letter I read last night (about that lady vs. NCO?), the collection agency must be proven to be acting as such, and the account must be in default. This is all a ploy to claim the account is in good standing to circumvent the FDCPA, so AFNI can ignore the laws designed to protect me, the consumer. AFNI is also reporting it as a collection account to damage my credit rating with the intent to extort $265, thus increasing AFNI's bottom line (by collecting on a debt outside of SOL).

 

The opinion letter is validating AFNI's actions, and the burden of proof now rests on the consumer. The Court's ruling in favor of the CA has hurt our chances of defeating the evil CA's and JDB's.

 

I think I'll have to 1-2 punch this... I'll get started as soon as my 21 addresses are deleted.

[Frisbee]

If you have "factoring company" notation, please do yourself a huge favor and shoot off a letter to them with ALL the violations they are committing.

 

Green card back, dispute with CRA. You should have the we will delete letter very soon there after.

 

Put the burden of proof where it belongs...with the CA or JDB...

[DRTDEVL]

If you have "factoring company" notation, please do yourself a huge favor and shoot off a letter to them with ALL the violations they are committing.

 

Green card back, dispute with CRA. You should have the we will delete letter very soon there after.

 

Put the burden of proof where it belongs...with the CA or JDB...

<{POST_SNAPBACK}>

 

 

So, I should just start my battle head-on with all the "factoring company" annotated accounts? No DV?

 

I believe they ARE a JDB, first and foremost. They are just annotating "Factoring Company" to circumvent the FDCPA.

[Frisbee]

First do a "not mine"...if they verify...hit them with everything I wrote and demand they delete. Don't use too many words. Just the facts...or in this case the "factoring".

 

I think they'll get the message....trust me.

 

 

BTW: before you listen to me or anybody else, do your homework. Do you know what a factoring company is? hmmmm.

 

Answer: a factoring company buys debt...yes they do....BUT....it is receivables they buy. In other words, say a small businessman does not wish to do his own collecting, the account is "open" there are receivables due. He will sell to a factoring company at a discounted rate. This takes the burden away from him to collect AND he has a cash flow...win, win.

 

NOW: is that the defination of a JDB? Hit them hard.

[DRTDEVL]

BTW: before you listen to me or anybody else, do your homework. Do you know what a factoring company is? hmmmm.

 

Answer: a factoring company buys debt...yes they do....BUT....it is receivables they buy. In other words, say a small businessman does not wish to do his own collecting, the account is "open" there are receivables due. He will sell to a factoring company at a discounted rate. This takes the burden away from him to collect AND he has a cash flow...win, win.

 

NOW: is that the defination of a JDB? Hit them hard.

<{POST_SNAPBACK}>

I think that was the jist of what I read... The post that clicked in my head was this (back in Apr... search is my friend). I had to guess on the dates and time, due to not writing them down:

 

A factoring company purchases accounts receivables at less than face value. However, the debts (accounts receivables) are not in default at the time of purchase, a major distinction. An account receivable is, by definintion, not in default, otherwise it would be a charge off, the definition of which by Rule 5000 is no hope for collection.

<{POST_SNAPBACK}>

[Frisbee]

I just love a fellow searcher. Keep up the good work. Best of luck to you. Let us know if you need any more help.

[Svoboda]

Should the DOLA on a collection account be that of the DOLA on the OC account?

[BlueButterfly]

I just received a letter from AFNI this week re: a Sprint account from 1992 (yes, you read that right) that is not mine....now what? I don't want this to go on my credit report? How do I find out if SOL is up?

 

bb

[pryan67]

Should the DOLA on a collection account be that of the DOLA on the OC account?

<{POST_SNAPBACK}>

 

 

 

DOLA is a misnomer...DOLA is REALLY the last date that any action took place on the account...HOWEVER...that means NOTHING as far as the reporting period...so they CAN be different

[pryan67]

I just received a letter from AFNI this week re: a Sprint account from 1992 (yes, you read that right) that is not mine....now what?  I don't want this to go on my credit report?  How do I find out if SOL is up?

 

bb

<{POST_SNAPBACK}>

 

 

if it's not yours...then don't worry about the SOL...

 

DV the buttheads...if they put it on your report, they're in violation...before OR after your DV...but the DV will add to their violations

[ncacc1]

In reading the violations, I didn't know that they HAD to list the DOLA! I have a couple that don't list that. VIOLATION!