Re: Nat'l check bureau -- you can win!
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Posted by scott (65.25.97.197) on June 12, 2004 at 16:11:09:
In Reply to: Nat'l check bureau -- you can win! posted by airics on June 12, 2004 at 09:30:14:
you need to go to court now and file a suit against them for fdcpa violations. You can win this.
§ 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section
(2) The false representation of -- (A) the character, amount, or legal status of any debt;
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. 8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. I think you could also sue for statute 809 for not providing validation of the debt provided you did ask for it. Run, don't walk, the the courthouse on monday and immediately sue them. Too many people just beat them with no consequences so make them pay dearly. I would also go after the actual attorney along with the company he represents. Include all of them in the lawsuit.
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