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  #1  
Old 09-08-2002, 10:16 PM
lacemaniac
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Enough is Enough


What is the name of your state? MI

I defaulted on a credit card in 1997 from Company A, then paid the collection agency faithfully and settled with them in January 1999. We'll call them Agency B. In the meantime, Company A was sold to Company X. Company X began selling my "outstanding account" to a new collection agency every six months.

I sent Company X copies of letters from Agency B confirming the account was paid in 1999. Company X says they don't keep such papers but just throw them away. They will not let me speak with a manager or supervisor. They claim I have never contacted them about this debt, while my records show I have called more than ten times and send copies of my paperwork at least three times now.

Agencies C, D, E, F and G (who all purchased my account from Company X) have all left me alone after a single phone call; they say that Company X is famous for this behavior. I was also told by one AGency (Agency F) that this debt now appears on my credit report between 5-8 times by different agencies.

Then comes AGency H. Agency H has been particularly nasty. I told Agency H the whole story about Company A, Company X, and Agencies B-G. AGency H served me with a summons. I called an attorney and answered the complaint appropriately and included documentation from Agency B stating the account was paid in full in 1999.

Now the question. I received a letter from Agency H stating they received my documentation from Agency B, and they will no longer pursue collection. They included a document for me to sign to dismiss the case "with prejudice and without cost" to either party. I think this is wrong. AFter they pursued me for no reason at all, and I ended up taking off work and hiring a lawyer to answer their complaint, I think they should have to pay me for this time and trouble I had to spend on their behalf.

Can I just send them my own dismissal that orders them to pay me for my time and see what the judge says? Is there anything legally I can do to make Company X quit selling my account to agencies? Can I make Agencies B-G take their complaints off my credit record since I never owed the money in the first place?

It seems like an interesting problem to me and I've not seen one just like it in my research. Any opinions??

Thanks!
  #2  
Old 09-08-2002, 10:40 PM
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Join Date: May 2001
Posts: 6,453
I think I'd take the offer to your lawyer and see about suing under any violations of the FDCPA.
BTW, are any of these agencies CAMCO or, Calvary investments
Also, I'd add to the settlement offer that they will never resell this debt again and,will delete all reference to this debt from your credit report.
  #3  
Old 09-09-2002, 03:23 PM
lacemaniac
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The company who keeps selling the account is Household Finance. The company who served me the summons is Hirshberg Acceptance. I will consult the lawer again; it would be worth a few bucks to come out on top on this one.
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