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#1
 
Old 04-25-2009, 10:49 AM
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Default CA reporting violations

From what I have been reading on here, if the CA is reporting terms, that is a violation in reporting, correct? What recourse do I have if I dispute this and it is verified, especially if it is w/in the SOL?

I don't want to dispute w/ a CA and get sued, I am a little foggy on this all. So if I dispute and it comes back as verified and they are still reporting with terms or another violation how does that get treated?

If I am asking questions that already have answers spelled out, would someone point me in the right direction?

Thanks!
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#2
 
Old 04-25-2009, 01:25 PM
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Eh......they are kind of scattered about......but basically, if you know a CA is violating with the way they are reporting........and it keeps getting verified, then you should go directly to the CA and send them a DV.
Do not mention anything about violations in your initial letter........chances are if they are going to violate once, they will violate more. So let them. More leverage for you.

See what their response is. If they send you some bogus computer generated printout (not from the OC) and try and call that validation........immediately send them a DV2 letting them know that's not good enough.
NOW if they actually send you validation........and the debt is for a substantial amount (and still within SOL), then beware.......yes you could be sued if you do not make payment arrangements. So please keep that it mind.

It all really depends on how/if they respond and what they send you.
You did just give me an idea about writing a post on what constitutes as proper validation though......and how to spot violations.
You also really need to look through the FDCPA because THAT is what the CAs HAVE to abide by.

I had a measly $300 debt from Tx......within SOL and I was willing to pay. This was a joint account and they sent us separate letters (one for me and one for my hubs).......so I sent them separate DVs. They ignored them and sent us more collection notices (2k right there) and they called my house at 6:30am! (there's another 4K - 2 violations doubled) I took picture of the caller ID. I sent them 2 DV2s. THEN I found out they weren't licensed in WA. HA. 2k more. Then I called an atty........told him everything, faxed him my proof (pics of caller ID, correspondence between us w/CMRR cards etc). It was so solid, he didn't even charge up front.
I really didn't want any money........I just wanted the debt to go away........but with 8k in violations.... :rolleyes:
Needless to say......they settled. After I paid the atty, we ended up with about 4k I think........plus they deleted the debt.

BUT I wouldn't have known all of those things were violations without bonin up on the FDCPA. (to make a short story really long)

So whatever you decide to do, make sure you know your laws and keep a good paper trail on EVERYTHING. It pays off.
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#3
 
Old 04-25-2009, 04:15 PM
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Thanks for the info Trish, I will be reading the FDCPA tonight after the kids are in bed.

I will go ahead and dispute it with the CRA's first and see where that gets me. The debts are $84 and $118, nothing huge so I am not going to worry too much about it.
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