5 things to prove 1692e(8) violation of FDCPA by a debt collector
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- Опубликовано: 24 мар 2021
- Section 1692e(8) of the FDCPA (Fair Debt Collection Practices Act) is a powerful law that lets you sue when a debt collector knows you dispute a debt but it refuses to mark the account as disputed....
Watch this short video to find out the 5 things you must prove to bring a case.
Thanks!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
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Hi John
Great information. Thanks for creating this video.
-----Hi John-----
SUPER Informative!
How about an old 2nd mortgage where the collection agency
is looking for the original balance of the loan😀,
without taking into consideration any payments made,
after inception of the loan
Is that an FDCPA violation?
Not to mention that this CA has no Promissory note,
or any accounting of the loan,
or any statements. Crazy Companies!!!
-------THANX!!!!😀-------
Would a call log showing 3-5 calls daily every 7 days a week, to abruptly no calls from the date I disputed with the collections department of the furnisher over the phone,(I wasnt trusting or believing that I would need to record phone conversations yet) until 9 days later when 3-4 calls daily every 7 days have resumed and continue currently, be possibly sufficient evidence of an unreported dispute? Or would it need to be IF a lawyer can somehow obtain the recorded phone call from the furnisher or the collections department of the furnisher ?
Can I sue an original creditor for this violation?
If im beimg sued and we have a trial date, isnt that a form of disputing? Would they have to uodate it on my report?
What if the debt collector refuses to accept certified mail and returned receipt says undeliverable? There are some people who simply don't accept certified mail because they know the legal implications. So, if they don't accept you can't prove it has been delivered.
If you send it certified mail the Post office website keeps record of the delivery and you can copy that as proof of delivery.
There are a few that won't accept but 99% of legit debt collectors will. Can see if there is an email/online portal or fax number. You can also argue to the credit bureaus that this place is so unreliable they won't even accept certified mail so it should be removed from your credit report. Good luck!
John
Can this also be reversed and if so what steps can be taken if my claim for violation under e-8?
Hi John! Thank you for this video! I requested verification from a paid collection, they sent me the original contact (damages from a lease move out) and there are a few dates and Signatures missing from the original contract. I asked them to send me receipt of when the dept was paid, and I asked for a list of other pieces of information to validate the account belonged to me because they are still reporting it. They said because the collection is paid the “office is considering it closed”. I filed a dispute with the CFPB, is this considered disputing the account or do I have to dispute it directly with the creditor?
PLEASE, PLEASE HELP ME ANSWER a few QUESTIONS ...I'll try to be brief, but this case is a doozy, so please forgive the length 🥺🥺: (Synopsis): I have a NIGHTMARE case of 3rd party debt collectors playing a real "shuffle the pea under the acorn" slide-of-hand-trick where over THREE YEARS and as many cases (as I'm sure you know, this is against the Ruling by the S.C. for Model Standards to expedite cases of this nature within 180 days MAX!); anyway, in EACH CASE, one lead attorney after another changed (WITHOUT PROPER SUBST. NOTIFICATION to me nor the Court), then we moved from THAT to a totally DIFFERENT collection agency jumping into the mix (WITHOUT JOINDER, severing of prior "counsel", or ANY notice to the Court)! Instead, all THREE were ORIGINAL Petitions (with the SAME C.O.A.!) instead of supplemental instruments, as required BY LAW!!
In fact, the VERY FIRST CASE was DISMISSED for Failure to Appear by the plaintiff's "then" attorney (AFTER TWO continuance requests!)...unfortunately, and I don't understand why, the judge marked it without prejudice which was NOT my understanding at the time since he said he was dismissing it. Regardless, by the END of the 2ND CASE, they had not provided the court with ANY JUST CAUSE NOR REINSTATEMENT MOTION, instead they just changed counsel or LLC. It gets even better, ALL THREE cases show Synchrony Bank as the PLAINTIFF, even though I know for a FACT this is a lie because they ALTERED the "original statement" they attached to this most recent petition, by changing not only the name that was on this line of credit, but also MY ACCOUNT NUMBER...and instead have listed the last four digits of my CHECKING ACCT #! Now if Synchrony were the TRUE plaintiff, would THEY make this mistake on ALL THREE CASES??? And if Synchrony Bank isn't the owner of the debt any longer and either one or both of these LLC's currently posing as "the attorney at law FOR Synchrony" are the "rightful" owner of the debt, then WHY are they not suing under THEIR NAME for the Plaintiff? Isn't that illegal under Penal Code, 32, Forgery ....Submitting false "court records"?? Knowing me, I've probably botched the citation, but hopefully you get the gist?
So I already notified them YEARS AGO that I am now disabled, that my sole income is protected under SSA, and LASTLY informed them they have NO WAY of collecting any money from the turnip that is my Disability check lol (essentially eliminating their ENTIRE COA and WHY I'm unable to pay now as I had before!!), they STILL keep coming again & again. Also, is it considered illegal, or harassment, to run a HARD INQUIRY against my Credit Reports not every month, or every year, BUT ONCE A WEEK!! ??? This is the WORST thing they are doing to INTENTIONALLY keep lowering my rating EVERY WEEK and they've done this for 3 years!!
HERE IS MY CONUNDRUM (FINALLY!): My disability causes me a form of Narcolepsy where I CANNOT STAY AWAKE and I'm doing my BEST to cram a law degree in between my fugue of "zombified" sleep and medication brain fog and have subsequently RUN OUT OF TIME without getting anything done and MISSING (I fear) ALL deadlines to even send THIS Dispute Letter, I'm JUST NOW learning about, PLUS the Discovery request I need for my case to see if there IS a Contract or Agreement that Synchrony hired either Rausch Sturm or the recent Javitch Block as their "attorneys"....since my case is 2 weeks from yesterday, 4/10!
I don't even know how to file a continuance! There is all kinds of info on the internet regarding rules, statutes, FDCPA, and even Texas Disciplinary Rules of Misconduct, and GREAT INFORMATIVE VIDEOS LIKE YOURS, etc. I have done my darndest to TRY to understand as much as possible but two things have happened b/c of me focusing on the law: 1) I failed to read the Courts LOCAL RULES for date deadlines to submit documents, and, 2) I have been unable to LEARN HOW TO USE the Electronic Filing System that is apparently required in most courtrooms. I ALSO was oblivious to the fact that I was supposed to keep a list of all of the LEGAL AIDE people I tried to contact who ALL TOLD ME MY CASE WAS "TOO COMPLICATED TO BE HANDLED FOR FREE"....so here I am..........I'M DESPERATE at this point, and I pray you can see why!!
So with 10 days to go before trial, can you point me in a starting direction? A continuance? A motion for Summary Judgment (although I have NO discovery yet!)? That leads into the forgery "allegation", WHO do I sue? Do I even do a counterclaim suit or does it go into the hands of a higher court? It was NEVER my intention to sue since I'm just not like that, plus I have ALWAYS felt HORRIBLE about my inability to pay the ORIGINAL creditor, PayPal, and they're nowhere in the picture anymore! I've just recently started to change my dang mind though; I am SO STRESSED OUT, anxious, headaches, dozens of missed hours with my grandson & family b/c "I have to research law" has been ALL I've said for months, waaaaa, I know! I GENUINELY feel like they are INTENTIONALLY trying to make my life hell b/c THEY KNOW my sole income is Disability and they can't get their grubby hands on it so I'm a little ticked off at this point, to be honest. Done whining, this has been too long anyway and I only pray you have been patient enough to read through it and I pray I hear from you! Thank you in advance! Warmest...Sylvia
Sylvia, it sounds like you are dealing with a lot of craziness. What state are you in? I STRONGLY recommend you get with a consumer lawyer in YOUR state as your questions involve a lot of local (state ) law in terms of how does the court work, the court rules, etc.
www.consumeradvocates.org/find-an-attorney is a great starting point.
I wish you all the best!
John Watts
@@johngwatts John, I cannot THANK YOU ENOUGH!! I can't believe how quickly you replied AND provided me with a jumping off spot. I pray I will be able to get someone to help me otherwise I might just be jumping off lol.....I'm just kidding,,,I think lol! Folks in Alabama are blessed to have an attorney with such amazing knowledge AND kindness for others! BTW, I give you MAJOR props for that knowledge too; I can attest that months of studying has only scratched the surface of what ya'll need to learn AND retain to help your clients...I guess I understand more than ever why most attorneys charge for that knowledge! That's what makes your FREE wisdom given to all of us here on YT even more special and a true gift! You're awesome! God bless you and yours and thank you SO MUCH once again!
Hey John, how long does a debt collector have to mark the account as disputed after you’ve disputed? Especially if the date of last activity is either incomplete or is from months/years earlier.
what happens most of the time? can you give a ballpark percentage on how often they fail to do this? Thank you. I love your content
If you send a dispute letter I would say about 20% of the time the account is updated and NOT marked as disputed. Some companies are better than others about doing this but that's a good ballpark percentage.
Thanks for your comment and glad you enjoy the content!
John
Hi John, do we wait until they update the account again to be able to sue? I recently sent you an issue related to this video and it was updated after the dispute was received. Should I wait and see if the account is updated in April?
I like to see there being ten days or more between when dispute was received and then the updating without showing disputed. It does vary some by company but safest thing is to let them update again without marking it as disputed.
What are your dates?
Thanks!
John
Do we have to use the word disputed in the letter. If I say, "I disagree with the information" would that work? Since Dispute basically means a disagreement, argument, or debate
Cedric I don't think you have to use the word "dispute" but I would not get too far away from it. "I disagree I owe you any money" would probably work. The danger is if a judge says, "the word you used is a bit ambiguous so I'm ruling it is not the same as dispute" -- so personally I use dispute or deny etc.
Hope that helps and great question my friend.
John
When you dispute something with an original creditor do you have to include all of the things to verify you are who you are like you have to do with 3 bureaus?
Under the FDCPA you don't get the advantage of Section 1692e(8) if dealing with original creditor. You could have a state law version that helps.
I typically don't include drivers license and utility bill when disputing directly to a debt collector but I do when disputing the bureaus.
I just put name, address, DOB, and last 4 social.
Hope that helps!
John
@@johngwatts thank you
When we dispute the debt are we going directly to the alleged debt collector for this? My situation it’s a 3rd party debt collector..
I have a question; if the report I pull from annual credit report.com is the “real” report, then what good is the reports I pay for from the credit monitoring services like smart credit or identity force? Is that information not accurate enough to stand up in court?
Mark great question -- I did a video answering this and will put the link in when it is published thanks for the great question!
John
Here is the video -- ruclips.net/video/8vtfUhXIstk/видео.html
Hope it answers your questions!
John
I got a letter in the mail this week regarding a pending class action against TU for refusing to investigate unauthorized inquiries. Have you heard anything about this?
Yes -- TU had a nasty habit of refusing to investigate. Claimed they were "factual" even if ID theft etc. Pretty goofy.
I doubt the class action settlement is any good. How much does it say you will get?
Most likely much better off bringing your own suit for damages.
John
@@johngwatts it just references the statutory damages. There isn't an exact number. It looks like the case just got certified as a class action. I imagine that any damages that members of the class will get will be very small
Gotcha -- keep me posted if you get anything else. Class actions under the FDCPA are really only about statutory -- can't do a class on emotional distress etc.
It may change some things and will be good for the lawyers. Not so sure about the class members in most of these.....
Hi do you take phone calls on this issue?
Send me a message through www.alabamaconsumer.com/contact-us/ and I'll get back with you when I'm not in trial thanks!
John
I love your videos they have helped me out so much but clearly you are too busy to return phone calls.
Thanks -- if you are out of state send me a message through my website and tell me what your situation is about. I get probably 10 calls a day people wanting me to help them with a small claims case in Iowa or AZ etc. I make it clear I cannot do that. So if someone is out of state, there are a few things I can help them with (I usually know a lawyer in their state) but I cannot return those calls to everyone. I have a very busy trial schedule so if you will send me a message through www.alabamaconsumer.com/contact-us/ I'll get back with you as soon as I can.
If you are in AL and called us you should have received a call back from one of my staff -- if you did not I apologize. I don't see any record of you calling my office. Use www.alabamaconsumer.com/contact-us/ and I'll help you any way I can.
John
What if my debt collector did not update my credit report at all?
Example:
AMFCU 1/4/2016
$4000.00 Charter off
Comments:
However I have proof that I requested validation of debt in writing, proof of certified mail, copy of all 3 credit reports showing date of report, with no updated date and /or comments.
Do I have case?
Thank you in advance for your attention and absolutely appreciate your videos.
You are very welcome -- thanks for the kind words!
I have some thoughts for you -- reach out to me at www.alabamaconsumer.com/contact-us/ -- you'll get an email response and then reply with your credit reports and dispute letters.
If this account is simply NOT updating, then there can be a challenge to the credit bureaus as it is to update once a month.
Also let me know if you think you owe Charter any money -- typically this amount is the classic "you didn't return the equipment" even if you did.
There are some options for you.
Thanks!
John
Can this also be reversed and if so what steps can be taken if my claim for violation under e-8?
Can this also be reversed and if so what steps can be taken if my claim for violation under e8?