[Lecasbas]

Original post by: Enigma

But did the CA have a valid assignment or did they actually own the account.

I have one case where the Court dismissed the ca's claim specifically writing that the ca had failed to establish assignment as a reason for dismissal. With this ruling in hand, I would not need to send the PP letter to the ca.

What to do is the question. I spent a lot of time on 3 cases in the last year. 2 are dismissed and I expect the 3rd to follow. I originally just wanted to remove the hard pulls but now couldn't I make a lawsuit out of this scenario and ask for punitive damages from the FCRA violation?

[centex]

Originally Posted by Lecasbas

I have one case where the Court dismissed the ca's claim specifically writing that the ca had failed to establish assignment as a reason for dismissal. With this ruling in hand, I would not need to send the PP letter to the ca.

The fact that the case was dismissed DOES NOT mean that there was no valid assignment. It simply means that it was not produced in the manner sought by the court. You still have the burden of proving in a PP claim that there was no valid assignment. The dismissal will not satisfy that burden.

What to do is the question. I spent a lot of time on 3 cases in the last year. 2 are dismissed and I expect the 3rd to follow. I originally just wanted to remove the hard pulls but now couldn't I make a lawsuit out of this scenario and ask for punitive damages from the FCRA violation?

How have you been harmed? What specific damages have you sustained directly as a result of that pull? Until you can quanitify that damage, you won't likely get the relief you seek...

[Lecasbas]

Original post by: centex

The fact that the case was dismissed DOES NOT mean that there was no valid assignment. It simply means that it was not produced in the manner sought by the court.

It was also not produced in the manner sought by DV. I DV'ed the ca's attorney 3 times. He answered 2 times. I submitted these 5 correspondences to the Court as an exhibit as non-compliance. I had filed a motion for Change of Venue to District Court so that Discovery could be had for the purpose of ascertaining assigment. The small claims Court Denied my motion but wrote in her ruling that the Plaintiff had failed to provide assignment. As I previously stated, the Plaintiff's claim was ultimately dismissed due to no assignment.

So...here's the preponderance of evidence: the ca failed to provide assignment by way of: 3 requests for DV, one ruling by the Court during the request for Change of Venue and a 2nd ruling by the Court in her dismissal of the case.

I'm not saying that because the case was dismissed that there was no valid assignment. I'm saying that the 3 non-compliances to the 3 DV's and the 2 rulings by the Court shows that there was no valid assignment. The ca was fairly warned by the Court and me that assignment was expected. If the ca had valid assignment, why did the ca not provide it when repeatedly asked to do so?

How have you been harmed? What specific damages have you sustained directly as a result of that pull? Until you can quanitify that damage, you won't likely get the relief you seek...

I am still researching this one. My first thoughts are to go with the punitive damages from the FCRA rather than actual damages. Then there are the violations of the FDCPA for misreprenting the Bad Debt, i.e., not providing assignment. What I have before me is a pile of clay I need to fashion into a legal statue.

You still have the burden of proving in a PP claim that there was no valid assignment. The dismissal will not satisfy that burden.

Is this similar to filing a dispute?

[Enigma]

Originally Posted by Lecasbas

Original post by: centex



It was also not produced in the manner sought by DV. I DV'ed the ca's attorney 3 times. He answered 2 times. I submitted these 5 correspondences to the Court as an exhibit as non-compliance. I had filed a motion for Change of Venue to District Court so that Discovery could be had for the purpose of ascertaining assigment. The small claims Court Denied my motion but wrote in her ruling that the Plaintiff had failed to provide assignment. As I previously stated, the Plaintiff's claim was ultimately dismissed due to no assignment.

Motion for Change of Venue is generally filed prior to you answering the complaint.

Plaintiff's lawyer may be using strategy to have the case dismissed. Plaintiff may want to refile in a higher court.

Plaintiff can always refile.

So...here's the preponderance of evidence: the ca failed to provide assignment by way of: 3 requests for DV, one ruling by the Court during the request for Change of Venue and a 2nd ruling by the Court in her dismissal of the case.

Change of Venue has nothing to do with the assignment. You are reading to much into the court's dismissal.


I'm not saying that because the case was dismissed that there was no valid assignment. I'm saying that the 3 non-compliances to the 3 DV's and the 2 rulings by the Court shows that there was no valid assignment. The ca was fairly warned by the Court and me that assignment was expected. If the ca had valid assignment, why did the ca not provide it when repeatedly asked to do so?

Did you serve Discovery upon the Plaintiff?



I am still researching this one. My first thoughts are to go with the punitive damages from the FCRA rather than actual damages. Then there are the violations of the FDCPA for misreprenting the Bad Debt, i.e., not providing assignment. What I have before me is a pile of clay I need to fashion into a legal statue.

You are not entitled to punitive damages without first proving there was not a permitted purpose, then you have to prove actual damages, then and only then , may the court grant punitive damages.

As an ordnary state citizen you cannot "fashion" a legal statute.


Is this similar to filing a dispute?

Clarify?

My responses are in red above.

[Lecasbas]

Original post by: enigma

Change of Venue has nothing to do with the assignment.

I agree. I only pointed out the setting in which the Court has said that the ca had failed to provide assignment.

You are reading to much into the court's dismissal.

The dismissal itself is also irrelevant. It's that the Court stated in its ruling that the Plaintiff has failed to file an assignment of account and then later wrote that the affidavit of account filed by the Plaintiff was not sufficient to show assignment. This would be support for my claim that the ca did not provide assignment.

I believe you do not think this is enough and that I will need to issue a PP letter? I have not seen an example of one of these animals except for a rough draft a poster offered in a previous post. That's why I asked if this was similar to a dispute where the debtor would wirte the Big 3 rather than the ca itself.


There is no Discovery in small claims in my state except by special permission of the Court, thus the Change of Venue request. So no, I did not serve Discovery to the Plaintiff.

I know I misspell my words at times but I did not misspell statue...I meant that all the information I am gathering is like a glob of clay and that I need to fashion it into a legal statue...not legal statute.

[hannah]

Forgive me but what is a legal statue? We haven't had that in law school yet...

[Lecasbas]

Go back to the cement pond.

[hannah]

Originally Posted by Lecasbas

Go back to the cement pond.

It's a little cold right now for swimming...

[Lecasbas]

Hannah started the joke in the first thread I posted. Don't shoot the piano player.

[Lecasbas]

By the way...legal statue is a figment of my imagination which resembles that blindfolded lady holding a scale.

[Lecasbas]

Original post by: Enigma

The setup - you are dunned; you DV; you notice the pull. After 30 days or so I send the CA a permissible purpose letter. So far I gotten one written response that mirrored section 604. Other times I've gotten phone calls from counsel.

I argue that, yes 604 allows the pull, but I DV'd on xx/xx/xx and so far no response. I argue that it is not unreasonable to expect the CA to validate or verify the debt if there was a valid assignment or proper purchase with media. Absent that then there is no PP to pull.

I argued with counsel for the largest CA out there on this point. I pointed out that this is new territory ripe for litigation. I could not find case law on it, but I was willing to be the test case and would file in federal court. Then I move onto the economics of the case. Should I prevail a whole new vista of lawsuits could follow. My objective is a deletion and not necessarily money. But in litigation I would seek money.

So then, If I wanted to remove the hard pull from my cr I would write a letter directly to the ca similar to what you have laid out above?

There may be a problem for me here, though. I have already been through the DV process to the point where my ca does not respond to my letters anymore. If that be the case...is the next step litigation?

[Enigma]

You would write a letter asking their PP first. The FDCPA has nothing to do with the FCRA.

I'll post a sample letter for you later.

[Lecasbas]

Original post by: Enigma

The FDCPA has nothing to do with the FCRA.

I understand. I only mentioned the DV letters to illustrate that I had already done the first part of your suggestion and that the CA is no longer communicating with me since it knows money is not forth coming. I seriously doubt if it will respond to a PP. That's why I asked what is next.

I am, however, very interested in writing the PP leter despite my opinion that the CA will not respond. One step at a time...

[Enigma]

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

Page 1 of 1

Name
Address
City

Re: Access of My Credit Information from Trans Union on xx/xx/xx

To Whom It May Concern,

I noticed from the inquires section of my credit report that your company accessed my credit information, on the date shown above. I am not aware of owing any debt to you or having applied for credit, employment, or insurance with you.

Please respond within fifteen (15) days and provide me with the following information:

1. In connection with what debt/account did you access my credit report?
2. What did you do with my credit information, where is it stored or how destroyed?
3. Did you send me any notices related to your access of my credit information or related to any actions by you (if so, please provide me a copy of each letter and notice that you sent me at any time, explaining the actual date it was mailed)?
4. Please send me a copy of all applicable documentation that validates your inquiries, if you believe that you accessed my credit reports for a permitted reason.

Thank you for your prompt response to these questions and requests. If you need more time to respond and provide the documents requested, please let me know how much more time you need or the expected date when you expect to send me a full response and documentation.

Cordially,

[Lecasbas]

Thank you.