JDB do I write a letter to get deleted from CRA

rubyruby27 · 12-19-2006, 08:20 PM

Perhaps someone can guide me to get my CR cleaned up.

The case I won the MSJ they are still reporting I owe them. I know I won on the SoL and technically they can report however they never provided any proof this account was mine and I stated this at the last hearing and the Judge agreed.

Do I send a letter to the attorney of record and demand they delete or further action will be taken.

The second JDB that I requested validation from sent me a letter signed by their accounts manager, this is my account and I sent back a letter to them that wasn't proof and I deny this debt. I haven't heard from them since.

Do I send the a letter saying they haven't provided me with proof this account is mine and they are to delete this from my CR.

I did dispute this with the CRA's and they both verified the accounts.

But the OC of the first one (the one I won the MSJ) deleted thier TL, while the JDB verified.

Any advice is appreciated.

hannah · 12-19-2006, 09:38 PM

Your next step is spelled out in FACTA and you do need to dispute directly with the data furnisher. Your JDB needs to be dealt with directly and you can cc the attorney. You need to state just what you said here and that by law if they cannot validate, they must delete. Nothing more. Don't threaten to sue them for FCRA violations yet. Give them 10 days to remove the tradeline. It should already have been marked in dispute as they know or should have known by the litigation that the debt was disputed.

The second JDB needs the subsequent validation letter.

rubyruby27 · 01-13-2007, 08:46 PM

Advice pleae.

A JDB the other one I have spoken about has now sent this acct to another CA-Capital Management Services. This account has been turned over to an attorney and they have contacted me, I sent them a dispute letter and they sent me a a copy of a statment from the accounts manager saying this is my acct. I sent a second dispute letter saying this was not validation etc. Never heard from them again.

Now I have a 3rd CA for the JDB trying to collect do I use the Butch letter this time. This will be a 4th dispute letter--2 CA's the JDB an attorney.

Does anyone know if this CA (CMS) is part of the BIG A---w?

I was waiting for them to file suit as they threaten several months ago but they haven't which means I have to sue them to get this to go away and off my CR.

Thanks

hannah · 01-15-2007, 12:03 PM

Quote:

Originally Posted by rubyruby27

Advice pleae.

A JDB the other one I have spoken about has now sent this acct to another CA-Capital Management Services. This account has been turned over to an attorney and they have contacted me, I sent them a dispute letter and they sent me a a copy of a statement from the accounts manager saying this is my acct. I sent a second dispute letter saying this was not validation etc. Never heard from them again.

Yea!

Quote:

Originally Posted by rubyruby27

Now I have a 3rd CA for the JDB trying to collect do I use the Butch letter this time. This will be a 4th dispute letter--2 CA's the JDB an attorney.

Actually sounds like they cannot validate which is a good thing. Write your letter and tell them they are the 4th CA that you have disputed the "alleged debt" with and tell them you dispute and request validation. Chances are you will never hear from them again either.

Quote:

Originally Posted by rubyruby27

Does anyone know if this CA (CMS) is part of the BIG A---w?

Googled them and they are out of the great collection city of Buffalo!

Capital Management Services
726 Exchange St #700
Buffalo, New York 14210
Phone: (716) 871-9050
Fax: (716) 566-2107
Web Address: www.cms-collect.com

Head Debt Collectors:

Jeffrey A. Hauser, CEO
Larry Costa, President
Karen Kraska, Secretary-Treasurer
Timothy Kraska, (very) Silent Partner
Patricia M. Cipriani, House Lawyer

Here's a link to what Bud thinks of them.
They do not appear to be linked to A$$et in any way.

Quote:

Originally Posted by rubyruby27

I was waiting for them to file suit as they threaten several months ago but they haven't which means I have to sue them to get this to go away and off my CR.

Thanks

Send the DV and then wait to see what happens. Hopefully they go away. Apparently they have been sued for numerous violations in the past.

roybean · 01-15-2007, 12:53 PM

Ok, seems like Hannah's got you covered Ruby. Although this JDB you're dealing with has got nerve.

rubyruby27 · 01-15-2007, 02:59 PM

Thanks for the answer.

I really want them to remove their (JDB) TL from my CR's they keep verifying, yet I haven't recieved any validation as I have requested.

The CRA's just keep saying its verified, I have only disputed this 2 times what do I do now.

Do I write a letter to the JDB spelling this out and give them an ultimatum-pay me and remove or we go to court--I really can't file suit in Fed because of the expense. If I do this do I send a copy to the attorney they sent this acct to.

I need to refinance my house or sell in the near future and my scores suck due to these.

hannah · 01-15-2007, 03:48 PM

They couldn't validate to you however, you need to look at what information a CRA considers to verify a tradeline and attack the tradeline line by line. If this were me, I would try writing another dispute letter (send CMRRR) to the CRA's and include a copy of the court order where you won and tell them that the JDB had no proof this was your debt and since they have no proof, that they did not and could not validate the debt and lost in court and thus cannot verify that it is indeed your debt so it must be deleted. Try that first before considering a suit of any kind. Let us know if this works.

rubyruby27 · 01-15-2007, 05:17 PM

Hannah,

This is not that case but thanks for answering. Its the other JDB that has been threating to sue me but they haven't yet. I am still waiting for them to file suit.

I did another post on FACTA, trying to clear this up.

I sent timely DV's to:

JDB
1st CA
Attorney--attorney sent me an attempt of validation-NOT-I sent another letter to the attorney's stating this was not validation and I dispute. I haven't heard from them since Oct.

Now a 2nd CA is sending me collection crap, I know at this point it is harrassment, continued collection attempts.

What I want is this off my CR for good and to stop them from sending this out to other CA's or selling it to another JDB.

DUSTY · 01-15-2007, 11:58 PM

I will usually check the clerk of court's website to find out if the entity files suits.
I found a friends Creditor about 6 years ago stopped filing suits to collect. (We also know they don't sell them and you might have to check some different names)
So it's 99% they'll only have to deal with the TL if they want to.

You've probably already done this, no?

rubyruby27 · 01-16-2007, 12:58 AM

I check the clerk's site at least once a month to make sure and no they haven't attempted to file suit. I haven't checked in federal it just dawned on me they might file in federal without my knowledge, will figure out how to check that.

They are a major JDB, one of the big A's and they do file suit.

hannah · 01-16-2007, 11:17 AM

Quote:

Originally Posted by rubyruby27

I check the clerk's site at least once a month to make sure and no they haven't attempted to file suit. I haven't checked in federal it just dawned on me they might file in federal without my knowledge, will figure out how to check that.

They are a major JDB, one of the big A's and they do file suit.

Ruby - the CA's and JDB's never but never to my knowledge file against a creditor in federal court over what they would consider penny-ante consumer debt. Don't worry about that.

rubyruby27 · 01-16-2007, 11:36 AM

Thanks Hannah.