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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss FCRA Question in the CREDIT AND LEGAL ISSUES forums; Lets say I disputed a debt within the 30 days and never recieved validation of the debt. I later dispute this on my CR and its marked-consumer disputes.
Now the ... 
07-13-2007, 09:05 PM
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#1 | | Elite Member
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| FCRA Question
Lets say I disputed a debt within the 30 days and never recieved validation of the debt. I later dispute this on my CR and its marked-consumer disputes.
Now the JDB send this account to 5 other company's including an attorney I dispute they never validate.
Is this not enough to prove willful?
Last edited by rubyruby27; 07-13-2007 at 09:06 PM..
Reason: TITLE: Should read FDCPA/FRCA
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07-13-2007, 09:19 PM
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#2 | | HONORED GUEST
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| Quote:
Originally Posted by rubyruby27  Lets say I disputed a debt within the 30 days and never recieved validation of the debt. I later dispute this on my CR and its marked-consumer disputes.
Now the JDB send this account to 5 other company's including an attorney I dispute they never validate.
Is this not enough to prove willful? | How many times have you disputed with the CRA's?
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! | |
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07-13-2007, 10:53 PM
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#3 | | Administrator
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| By marking your credit file as disputing the account, the JDB has knowledge that there is an outstanding dispute.
By sending the account to other CA's or attorneys for prosecution, the have committed violations of the FDCPA.
The JDB is, IMHO obligated to notify each successive CA it sends your file to of your dispute. Then, if the succeeding CA chooses to dun you then they do so at their peril.
By noting the file as being disputed, the JDB has complied with the FCRA.
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The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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07-13-2007, 10:56 PM
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#4 | | Administrator
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| If you disputed the debt directly with the JDB, then sue them for continued collection activity.
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It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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07-13-2007, 11:02 PM
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#5 | | Elite Member
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| I disputed the acct when they first bought it a year and half ago.
I have disputed this at least 2 times with the CRA's. They all have been online disputes, working on doing a hard pull and dispute. | |
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07-13-2007, 11:18 PM
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#6 | | Administrator
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| Quote:
Originally Posted by rubyruby27 I disputed the acct when they first bought it a year and half ago.
I have disputed this at least 2 times with the CRA's. They all have been online disputes, working on doing a hard pull and dispute. | Write a detailed dispute to the CRA's. Online disputes are iffy in court.
Tell them you requested that the JDB validate and verify the debt. To date they have remained silent. Since the JDB has been unresponsive they cannot maintain their reporting.
But your main avenue for redress is going to be the FDCPA unless you have actual damages.
Does your state require JDB to be licensed/registered?
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It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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07-15-2007, 12:48 PM
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#7 | | Elite Member
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| yes. Im in Florida
one of them is not licensed but thier parent company is.
I will give an example so I can make sure I am saying this correctly.
Company A is the parent company (they are lic.) they have company B and C.
Company b bought the account (they aren't Lic) they assigned it to company c (they aren't lic.) who sued me.
I asked this question when first sued and there were conflicting answers, since the parent company was licensed.
The other company, I don't remember but am assuming they are. The are a major JDB. | |
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07-15-2007, 04:54 PM
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#8 | | Administrator
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| Quote:
Originally Posted by rubyruby27 yes. Im in Florida
one of them is not licensed but thier parent company is.
I will give an example so I can make sure I am saying this correctly.
Company A is the parent company (they are lic.) they have company B and C.
Company b bought the account (they aren't Lic) they assigned it to company c (they aren't lic.) who sued me.
I asked this question when first sued and there were conflicting answers, since the parent company was licensed.
The other company, I don't remember but am assuming they are. The are a major JDB. | As long each company is a separate entity, they must be licensed.
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It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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