I love your blog. It is so refreshing to get down to earth credit advice. My question is - I have some unapid medical bills. One of the collections agencies recently made an inquiry to my credit report before they posted a deliquency. Why do they do that?
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That is totally illegal
threaten suit and allow no respinse other than total removal they do this normally to find out new addresses
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Well the strange thing is that I have not been contacted by any of them. One of them did post a new credit ding for $800 for which I have no idea what it is and will be sending them a verification. The others I have heard nothing from and havent posted anything to my report. I am thinking the inquiries are hurting my score though since there are about 10 of them from different companies. When you say it't illegal should I dispute it with the bureaus or the company themselves?
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dispute it with the company themselves
and threaten suit if the account is not totally removed due to their illegal activity of pulling your credit report fishing for addresses
If you did not authorize the inquiries. This a is violation of the fair credit reporting act.Excersise you stautory rights
617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in anamount equal to the sum ofJuly 30, 2004 63 (1) any actual damages sustained by the consumer as a result of the failure; and(2) in the case of any successful action to enforce any liability under this section, thecosts of the action together with reasonable attorney's fees as determined by thecourt.(b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faithor for purposes of harassment, the court shall award to the prevailing party attorney'sfees reasonable in relation to the work expended in responding to the pleading,motion, or other paper.§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title may be brought in anyappropriate United States district court, without regard to the amount in controversy, or inany other court of competent jurisdiction, not later than the earlier of (1) 2 years after thedate of discovery by the plaintiff of the violation that is the basis for such liability; or (2) 5years after the date on which the violation that is the basis for such liability occurs.
Sunday, November 09, 2008
Collections agency pulled my credit before they posted a deliquency
Posted by
OskieGuy
at
2:41 PM
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comments
Labels: collection, collections, fcra, inquiry, remove collection, remove inquiries
Thursday, February 28, 2008
Dispute on unverifiable debt can not get any help
August 2006 disputing the amount owed and requesting they investigate and respond to me. By November I had not heard anything so I sent another letter requesting that they either provide the information I initially requested, or remove this debt from my credit reports, still no response. So I disputed with the bureaus to remove the debt, but they only verified the information and told me I needed to contact the creditor. Yesterday I called the creditor, who I had a couple of different issues with, but they still did not have a response for me, and need to do additional follow up. One of their representatives told me they did not have to respond to me in writing, it would be a courtesy if they called me. Apparently this person does not know the fair credit reporting act. I would like your input on this, but I am about to file a complaint with the FTC, BBB. and my state attorney.
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I guess they talked about how much it is or what is was for and you knew or didn't?
If you do not ow what it is
or they cannot provide a copy of the item you request
just call your state attorney.
that would be quicker
Posted by
OskieGuy
at
11:21 AM
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Labels: debt validation, dispute credit form, fcra, negotiate, state attorney general
Saturday, January 19, 2008
Collections has contacted my family. Violation of FCRA?
Bo what do you do if there is an account in collections and they have called a relative and given out information regarding your account? Is that not part of the Fair Collections Practice Act
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yes it is
i think you are being abused
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Who would you file a complaint with?
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your state atorney general
or the ftc
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Bo, when you file a complaint what will happen? Have you ever heard of people doing this
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sure
happens all the time
i am not sure what will happen
i guess they will investigate your claims
and if they find the collection company did in fact contact your family
they might make them drop the collection and go on
i am not a lawyer
Court odered judgment. Collections from canada harrassing
A friend of mine is a Katrina survivor and now lives in California. She is being hounded by a guy who took over a judgment in 2004 that was issued in the courts in New Orleans. He was contacting all the people he could find on her website that were connected to her and sending them faxes and emails and calling them, telling them that he was collecting a judgment that she owes and asking if they could provide any information. He reached me and told me that he was going to take all the money that we make together on a venture we are working on that was posted on our website.
I had her send him a debt validation letter. He responded saying that he is not a third party bill collector. He sent her the judgment that shows that the original creditor had the judgment assigned to him in 2004 and he is now the judgment creditor. He said he is not bound by the Fair Debt Creditors Act.
We put in the letter requesting that he cease and desist in calling other person related to her and that she would file a complaint with the AG and file suit against him he continued to do so.
His address is in Vancouver Canada. Does he have jurisdiction on this judgment that’s from the New Orleans court when he lives in Canada and she is living in California?
I know she needs an attorney but she can’t afford one – she is trying to work that out.
What she wants is for him to stop contacting third parties and she wants to know her rights. She has some property in New Orleans. The judgment is only $2,000. He wanted her to pay $700 today and he would call it quits but she doesn’t have them money. And, how would she know he would go away if she paid it. He wanted her to wire it to her.
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I am not sure about this at all.
sounds fishy, but court ordered judgments are different than credit related issues
i think people can go to jail over this stuff.
I would also think that the court or person who sued would be the only person that could hurt you.
I do believe that a FCRA probably does not work with judgments. But most if not all are bound to not harras. Seems like if he was real he would threaten jail.
I would say contact the court if you intend to pay. then the state atorney general
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Thanks very much. She got an attorney involved and the matter is being settled amicably with a settlement agreement for a very low amount!!
Posted by
OskieGuy
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12:00 PM
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Labels: court order, fcra, judgments, lawyer, legal rights law