15 documented violations

[Tinker_Bell]

I have Palisades on 15 violations that are documented. I am seeing an attorney next week. For those of you who have gone the legal route - does this seem like a strong case to you??? I wonder what to expect.... Any ideas?

 

Thanks! :?

[ridgefire]

Don't know. But wow 15, good job.

[Tinker_Bell]

Thanks.

 

Here are the violations - I hope I have this right!! Input anyone???

 

Palisades - violations

 

1. Letter dated January 23, 2004, but postmarked March 18, 2004: fraudulent & deceptive.

2. Letter dated January 23, 2004, “Palisades Collection, LLC” is visible through the non-security envelope.

3. Letter dated March 30, 2004 requests “payment arrangements” to be made, despite lack of validation, i.e. waiting for credit card application: continued collection activity.

4. Letter dated March 30, 2004, “Palisades Collection, LLC” is visible through the non-security envelope.

5. Letter dated June 10, 2004 admits that credit card application is not available & requests a call to “discuss an amicable solution.” Continued collection activity.

6. Letter dated June 10, 2004, “Palisades Collection, LLC” is visible through the non-security envelope.

7. Pulled hard inquiry from Experian on 8/4/04. NON-PERMISSIBLE PURPOSE since validation has not been provided.

8. Equifax report dated 2/1/04 shows first reported in 1/04 – after validation request received: continued collection activity.

9. Equifax report dated 2/1/04 – account is not reported as being in dispute 30 days after receiving validation request. FCRA violation

10. Equifax investigation results dated 7/5/04 – account verified. Continued collection activity.

11. Equifax investigation results dated 6/9/04 – account verified. Continued collection activity.

12. TransUnion report dated 6/22/04 – account now reporting on TU (4/16/04 report does not list account) Continued collection activity.

13. Experian investigation results dated 6/23/04 – account verified. Continued collection activity.

14. TransUnion investigation results dated 7/27/04 – account verified. Continued collection activity.

15. Experian investigation results dated 8/14/04 – account verified. Continued collection activity.

 

:blowup:

[dixiedrifter]

Good, but still only worth $1,000...

[Tinker_Bell]

Dixie,

 

$1000 for each violation... or is the cap $1000? There are damages, too.

 

Thanks..

[patentatty]

The cap for the FDCPA suit is $1,000 so far as statutory damages go. The FCRA on the other hand excludes the language found in the FDCPA damages section (compare the language of 15 USC 1692k with that of 15 USC 1681n or o).

 

If you can establish a good claim against the furnisher (the d/c in this case) under 15 USC 1681s(2)-b (failure to conduct an investigation after notification of the dispute by the CRA), you can start adding on FCRA claims that will increase your total take, if the money is your goal.

 

It is always to your benefit to get a NACA attorney involved in your case - there are plenty of us willing to help you and the threat of our fees alone will get you the results you're looking for in many cases.

[Tinker_Bell]

I will PM you. Thanks!