Fraudulent Credit / Collection Agency

PMonkeyDishwasher said: Someone stole your dad's identity to do a balance transfer!?

I know it sounds weird, but that is what happened! Person did a balance transfer, then paid it off in full, and finally the monthly credit card participation fees were not paid, which led to late fees and eventual account closing.

We just want to know how to resolve this and get the CA to stop asking him for the $205 and get the delinquent accounts off the credit reporting agencies.

Hopefully CN47 will chime in as well.

You can dispute the debt directly through each credit agency. You can call in or do it online, though maybe you want to call in if you have questions to ask.

Did you go to the police again with the bogus credit card information? Maybe they can look up who is living there. In any case, another police report showing that someone is using your dad's name at a different address can't hurt to bolster your dispute with the CRA.

Also, I think they will require 30-45 days to look at the dispute.

Obama4Prez said: tripleB said: Debt is not validated if your father never lived at the address on the debt.

If this is true - how do you go about denying the validation then?

Just say NO!

Obama4Prez said: Hopefully CN47 will chime in as well.

You can dispute the debt directly through each credit agency. You can call in or do it online, though maybe you want to call in if you have questions to ask.

Did you go to the police again with the bogus credit card information? Maybe they can look up who is living there. In any case, another police report showing that someone is using your dad's name at a different address can't hurt to bolster your dispute with the CRA.

Also, I think they will require 30-45 days to look at the dispute.

We have disputed with each credit agency and all have said the debt is valid, although they did remove the incorrect address from their files. The police report does state that the address listed on the CRAs is not where my father resides.

tripleB said: Obama4Prez said: tripleB said: Debt is not validated if your father never lived at the address on the debt.

If this is true - how do you go about denying the validation then?

Just say NO!

That is what we were thinking of next steps - respond back with another certified return receipt to the CA stating that he never lived at the address and that they have not validated the debt. Would appreciate CN47's insight to whether there are any FDCPA violations going on..

I wonder if it's a valid, not id theft, account, and the CA/JDB did an idiotic job of skip-tracing the debtor. For that matter, I wonder if they are trying to collect from multiple people with that name if it's a JDB.

You'll probably want to enroll in the Credit Terrorist Training Camp.

This doesn't smell like ID theft, sounds like someone else's legimate account that they forgot about and pinned on your dad. I have an old account of my father's on my CR (Same address, first and last name) but its not negative so I don't bother about it. Closed home despot LOC. They aren't always the best at matching things up.

taxmantoo said: I wonder if it's a valid, not id theft, account, and the CA/JDB did an idiotic job of skip-tracing the debtor. For that matter, I wonder if they are trying to collect from multiple people with that name if it's a JDB.

You'll probably want to enroll in the Credit Terrorist Training Camp.

Thanks taxmantoo. Looks like I have more reading to do from the link you sent. The CA included the original credit card statements, which list my dad's name but not his address. However, he has a pretty unique name, so not sure if that is the issue.

Usorry said: Start a letter campaign. Office of the president of the bank, the OCC, the credit agencies, the collection agency. If that doesn't work ask for the bank's legal office so that you can talk to one of their attorneys. The last thing they'll want is litigation over $205.

We've done the letters to the bank and collection agency and did the online disputes with the credit agencies. Looks like it is time to write even more letters to some of the people you've mentioned.

I'll tell you what CN47 would say.

Sue.

You requested validation. They "Validated" an invalid debt. That's a violation and an automatic statutory penalty as they continue to report it as valid.

send a PM to CN47 as he can steer you better with the details.

It should be a real easy case.

gatzdon said: I'll tell you what CN47 would say.

Sue.

You requested validation. They "Validated" an invalid debt. That's a violation and an automatic statutory penalty as they continue to report it as valid.

send a PM to CN47 as he can steer you better with the details.

It should be a real easy case.

. Thanks gatzdon. I figured that it would eventually come to a suit. I also appreciate everyone else's information that was given.

yeah suits may not be required in all cases, but this lets you get some $$, and more importantly, it stings the collection agency and might prevent them from doing unwarranted collections in the future. PM CN and he will tell you exactly what to say to setup your case perfectly.

codename47 said: I'll tell you what CN47 would say. Sue. You requested validation. They "Validated" an invalid debt. That's a violation and an automatic statutory penalty as they continue to report it as valid.

Yeah, that's pretty much it. the only question is to sue with a lawyer or without one. Head over to NACA.net and check out the ones in your area. Debtorboards, the credit terrorist training camp is accepting new members as well, so join up.My memory isn't what it used to be (and more importantly I haven't bothered searching), but hasn't the use of a lawyer been discussed previously?
Aren't legal costs related to FDCPA recoverable (over and above any statutory awards)?
If so, why not always use a lawyer.

Apologies in advance if my premise is incorrect.

SUCKISSTAPLES said: sometimes its hard to find an attorney willing to take these casesI don't want to go OT, but if attorney costs are recoverable, why would an attorney be reluctant to take this type of case?
The work/effort/time should be minimal if the client has clear cut evidence of violation.
Such a case should be a slam dunk.
It's almost "found money" from the attorney's perspective.

I don't want to go OT, but if attorney costs are recoverable, why would an attorney be reluctant to take this type of case? The work/effort/time should be minimal if the client has clear cut evidence of violation. Such a case should be a slam dunk. It's almost "found money" from the attorney's perspective.

Most attorney's are lazyasses, ok? This is the problem with the kneejerk fatwallet "get a lawyer" advice. Unless you are talking mega damages (100k+) you can't get one or it will be more expensive than the problem is worth. Lawyers are either absurdly expensive, incompetent, lazy, or a combination of all 3. Consumer lawyers are few and far between as well, so that makes it even harder. They don't want to do actual work to earn their money and they certainly don't want to get paid hundreds of dollars per hour to do so. Lawyers tend to think they work much harder than they do and that their time is more valuable than it is. They want 30-40% of a huge pie. I am sure the hourly rate comes out to much more that way, which is why they prefer it.

Collectors also don't want to face the prospect of paying a ton of money in attorney's fees, so they often will pay quickly to get rid of the lawsuit, but most lawyers aren't satisfied with 2k or so for writing up a complaint. I can't explain what lawyers think or why. All I know is that they want the most money for the least amount of work and prefer talking on the phone to actually writing up a complaint.

Because the collection agency is out of state? Many other reasons that might make COLLECTING the judgment difficult or impossible. Many (most, depending on the area) small claims judgments never see a dime of payment.
You don't know what you are talking about. If they are a business, collecting should be super easy, particularly if they have insurance or a surety bond as many states require.

Your best bet is to go to the county clerk's website and print a small claims claim form.
More bad advice. You don't want to have a moron judge deciding your case. It just makes life harder.

In the vast majority of cases, the collector will cease collection efforts immediately.

Do it my way and they will cease and you will get paid.

codename47 said:
You don't know what you are talking about. If they are a business, collecting should be super easy, particularly if they have insurance or a surety bond as many states require.
Sigh.

...were it only that easy

It's been years now, and I'm still waiting for you to post a link to just ONE case you have won against a creditor or collector, along with proof of payment in full. Just one.

The main goal shouldn't be to collect money. Just be happy if the collector is scared away and leaves you alone. The time it takes to sue and collect for a FDCPA violation, far exceeds the trivial $$ amount you'll receive...even if you do get paid.

You lost me. If you sue (whether with a lawyer or pro se), are you suggesting a jury trial so that a judge won't decide the case? Or are you saying that, by suing in regular rather than small claims court, the collection agency is much more likely to settle rather than go to trial?

No, no, judge or jury is your choice. Juries tend to be more sympathetic, but you have to go through jury selection and all. FEDERAL judges tend to be great. Federal magistrates are good, but make some blunders. State court judges are a toss up, and small claims is a circus minus the peanuts and a big tent. The judges in small claims have likely NEVER dealt with a case like this, the opposing lawyer likely has NEVER dealt with a case like this, and this is your first time as well.

Someone has to know what is going on and if it isn't the judge, woe to thee. The only reason I'd go small claims is if I was hoping to have the case removed to Federal and didn't want to foot the $350 federal filing fee.

The experience level and quality of the judge is important. Even with a jury, you'll have to deal with a judge that will likely have to make some significant decision in the case at some point.

Collectors are likely to settle quickly if they have half a brain, regardless. I haven't seen small claims vs state vs federal having anything to do with it.

It's been years now, and I'm still waiting for you to post a link to just ONE case you have won against a creditor or collector, along with proof of payment in full. Just one.

I've already posted a case I have been involved in. You seem to be the one lacking a PACER account...Post one case that you have ever been involved in.

The main goal shouldn't be to collect money. Just be happy if the collector is scared away and leaves you alone. The time it takes to sue and collect for a FDCPA violation, far exceeds the trivial $$ amount you'll receive...even if you do get paid.
Right. I've seen FDCPA cases in excess of 8 figures. That's just a waste of time and trivial amount...The main goal SHOULD be to collect money, since that does terrify collectors. You've obviously never sued and won, and you talk about me. How do you know anything about suing collectors and recovering money?

Sure, just forward me your name, address and a copy of your driver's license and I'll be happy to send it to you
Yeah, do this and I will send you a case.