    
Christine Baker
Board Administrator
Username: Admin
Post Number: 135
Registered: 08-2002
| | Posted on Monday, September 09, 2002 - 10:14 pm: | 
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Why am I posting these letters and violations?
1) I have learned that creditors and collectors tend to lie in court.
Their first excuse is the "clerical error" and "one-time mistake." The FDCPA has an exemption for violations that were "not intentional and resulted from a bona fide error."
Print relevant postings for your judge/jury or your attorney, and of course for the defendant.
Many collectors routinely violate the FDCPA, you just need to prove it. You may be able to settle a case out of court if you can show the collector that you're likely to prevail in court.
Readers have thanked me for my publications and told me that settlements were reached with the postings at CreditCourt.
I may also be able to supply you with certified copies of many of the scans or provide you with an affidavit if that's necessary.
However, I would be surprised if Providian or anyone else claimed that the scans are not authentic. Show them what you have, if they deny it's their letter, we'll talk about doing whatever is necessary to prove the authenticity.
Also, if they lie in court, they do so under penality of perjury. It's unlikely they will lie if they know that all it takes is a posting or e-mail to get you the PROOF that they lied.
Please share YOUR dispute and collection experiences, so that we'll be able to prove that these violations are NOT "bona fide errors."
Please fax to: 571-222-1000
* any refusals to investigate your dispute
* collection letters containing deceptive practices (especially regarding your credit rating after payment)
2) I'll be asking legislators to have a look and to sponsor tougher legislation.
I'll add as many collections letters and faxes to collectors and creditor as my time permits, there are plenty of violations. The politicians may not care, but they won't be able to say that they don't know what's going on.
I believe that many *successful* law suits are the way to change credit reporting and collection practices. But I'd sure like to see some changes to the FCRA and FDCPA. It can't hurt to try.
3) I'm surprised how many attorneys are reading at CreditCourt.
Credit reporting and collecting is MUCH more complicated than anyone can imagine. Not a day goes by when I don't learn something new.
Maybe I can inspire a new approach?
Did you notice that there are no ads here?
I'll rather shut this site down than place annoying ads.
If you are about to order credit reports, please do so through the BayHouse site at http://www.bayhouse.com/order-credit.shtml
Not only will you find the most up to date and comprehensive info on the various reports, but Experian and Equifax pay referral fees. It's not a whole lot, but everything helps and all payments are disclosed at http://creditforum.org/showthread.php?s=&threadid=13
I appreciate your support!
Christine |
