[DUSTY]

Have been getting my ducks in a row and want to post throughout. Anonymous seems to be off so if anyone wants to pm me with suggestions to protect myself in what I post please do.

Here's background.

There's been a tradeline on all 3 CRA's for a Home Service Company. The bill was $5,001. Remembering back - it was disputed from day 1 and the Supervisor admitted that he had nothing to show me what our agreement was, he said he'd do anything and did nothing.

They never even tried to collect, except they may have sent one final bill and when I called the phone number they said there was no such account.

Within the last year it was sold to a major JDB, who has a major CA. Yet it was the JDB who reported.

So, that's how I found out about the account. I sent VOD to the JDB who update the CRs as 'dispute', but still left violation like 'factoring company account'. AND THEY NEVER sent anything to me. Nothing.

So later I called the OC and waited etc... eventually actually being directly transferred to the CA of the JDB. You never talk to JDB. 1/2 of you have already figured out who.

So I had some conversation with them and got no where they only wanted me to admit that work had been done, blah, blah blah...

Now I get my first 'communication' from the CA with no miranda but, blah, blah, blah, account is being reported as 'disputed' (interesting since they are not reporting it at all, Big Brother is).

OC was XXX
Charge of was on
No payments, set-off etc...
Current Balance $5,501 which includes interests, fees and offsets
Attached is a statement showing what you purchased.

TITLE = ITEMIZED ACCOUNT DESCRIPTION
"Summary" "$5,001"

DEEP BACKGROUND

All 3 CRA's have just deleted the 'account' of the OC as I claimed they were fraudulent charges perpetuated by the OC.

The JDB just verified the accounts as being owed.
The CA just tried to collect.
We're inside one-year.

In the past JDB TWICE tried to extort money from me by sending false affidavits. Latter they admitted there were no records, just a big mistake and deleted the tradelines, so I graciously overlooked it both times.

This time it may go a bit different. Time is a factor and I haven't drafted any pleadings yet. How may violations are here? And how will it look for the JDB if the OC deleted.

Please make suggestions also for positioning for 'punitive' damages and possible fraud charges that I could include in Federal. Yeah, I need help!

[apexcrsrvc]

Originally Posted by DUSTY

Have been getting my ducks in a row and want to post throughout. Anonymous seems to be off so if anyone wants to pm me with suggestions to protect myself in what I post please do.

Here's background.

There's been a tradeline on all 3 CRA's for a Home Service Company. The bill was $5,001. Remembering back - it was disputed from day 1 and the Supervisor admitted that he had nothing to show me what our agreement was, he said he'd do anything and did nothing.

They never even tried to collect, except they may have sent one final bill and when I called the phone number they said there was no such account.

Within the last year it was sold to a major JDB, who has a major CA. Yet it was the JDB who reported.

So, that's how I found out about the account. I sent VOD to the JDB who update the CRs as 'dispute', but still left violation like 'factoring company account'. AND THEY NEVER sent anything to me. Nothing.

So later I called the OC and waited etc... eventually actually being directly transferred to the CA of the JDB. You never talk to JDB. 1/2 of you have already figured out who.

So I had some conversation with them and got no where they only wanted me to admit that work had been done, blah, blah blah...

Now I get my first 'communication' from the CA with no miranda but, blah, blah, blah, account is being reported as 'disputed' (interesting since they are not reporting it at all, Big Brother is).

OC was XXX
Charge of was on
No payments, set-off etc...
Current Balance $5,501 which includes interests, fees and offsets
Attached is a statement showing what you purchased.

TITLE = ITEMIZED ACCOUNT DESCRIPTION
"Summary" "$5,001"

DEEP BACKGROUND

All 3 CRA's have just deleted the 'account' of the OC as I claimed they were fraudulent charges perpetuated by the OC.

The JDB just verified the accounts as being owed.
The CA just tried to collect.
We're inside one-year.

In the past JDB TWICE tried to extort money from me by sending false affidavits. Latter they admitted there were no records, just a big mistake and deleted the tradelines, so I graciously overlooked it both times.

This time it may go a bit different. Time is a factor and I haven't drafted any pleadings yet. How may violations are here? And how will it look for the JDB if the OC deleted.

Please make suggestions also for positioning for 'punitive' damages and possible fraud charges that I could include in Federal. Yeah, I need help!

I'll proceed in sequential order:

1) It is possible that you have potential FCBA claims against the OC if you disputed the balance, or any portion thereof, in a written communication to their appropriate department within 60 days from the date the charge was billed to you. Sounds like you disputed it in a timely fashion, don't know if it was in writing, but I'd allege it anyway and see if they want to engage in discovery in order to prove that you didn't. My bet is they won't and you'll settle.

2) It is possible you have potential FCRA claims against the OC if you disputed their tradeline[s] and they verified inaccurate information. Don't know if you did but assuming arguendo you didn't, there is nothing here.

3) Paragraph 1 may apply to the JDB if all the conditions set forth under the FCBA were met and provided in your DV to them.

4) Depending on your state or federal circuit, it is possible that an FCRA claim exists against the JDB insofar as a "factoring company account" is technically inaccurate by virtue of the definition of the term. It should read "collection" however, your jurisdiction will likely have catagorized either as a collection entity or not being one. Even still, in my opinion a "factoring company" claim alone is dubious at best, although, you'd probably still settle for something just to avoid the costs for discovery.

5) You likely have FDCPA claims against the JDB for a numerosity of violations; i.e., misrepresenting the status, etc., etc. Again, your claim will turn on whether your state or federal circuit recognizes them as a collection entity.

6) You have a valid claim against the CA for the JDB for failure to provide your rights under the FDCPA. This would only be untrue if they could somehow prove your communication to the JDB constituted the initial communication. Not going to happen even if the two are shells of one another (is this Encore by any chance with Midland collecting or Portfolio with Anchor collecting (I'll go ahead and throw out OSI Portfolio as well but now I'm getting out in left field)).

7) I can't see a valid claim for fraud insofar as you didn't suffer any harm by their actions.

Could be missing alot. It's late.

[DUSTY]

The same company twice in the past listed TL's and tried to collect on 'debts'.
They sent typical affidavits 'validating' the 'debt'. Latter they admitted there was no documents against which to validate. Still within 2 years.

Now they are doing the same thing. So not only is there the effect on my credit for years, but other real damages which had a real monetary impact. I take the third time as 'intent to defraud'.

I disputed the OC's account which was still listed as 'services not received, any charges on account were fraudulently made by OC'. It appears that the results of all 3 CRA's will be to delete account. That leaves the JDB still insisting that I owe money whereas, the CRA's investigation of the original 'debt' was to delete.

Of course, to say I'm emotionally involved is to put it mildly, that's why I'm looking for outside comments.