Case for Libel?

[buster8]

What is the name of your state (only U.S. law)? New Jersey

This has been an on going situation and I followed all of the proper rules in disputing this said debt.The amonut in question was $91.67 and dated back to 2003.I spoke to a woman at the collection agency asking about why it had not been validated and she told me it was not worth the trouble or monies to validate the debt SO it was being dropped.I have a program where I get notified if there have been any changes to my Fico scores and low and behold there was this $91.67 showing up...I asked her,ok so you never validated the debt yet turnt it over to Experian and caused about a 75 drop drop in my score?The woman said it could take 30-90 days to drop off of my report.I am livid about this and was just asking if anyone thought I had a case in small claims.Libel is a printed broadcast defamation and thsi certainly was that.If I was to seek out a loan it certainly would effect the cost of that loan.It is not about the monies and I am willing to go through the process of small claims...this is about undoing a wrong and making this #$%&$$&&$ collection agency accountable for their illegal parctices.

 

[TigerD]

Nothing illegal or wrong about it. Your past due account was reported to the credit bureaus. it is a small account so it isn't worth the collection agency's time to play your games.

If it truly isn't your account, you just got screwed by the legions of deadbeats that try to game the system to skip out on their debts. If it is yours, don't sweat it - the credit point loss will cost you far more than the $90 bucks.

DC

PS: Your $90 account is only worth about $30 to the CA. They aren't going to spend more than a couple of minutes talking to you and they aren't going to send you anything not required by law.

 

[buster8]

Nothing illegal or wrong about it. Your past due account was reported to the credit bureaus. it is a small account so it isn't worth the collection agency's time to play your games.

If it truly isn't your account, you just got screwed by the legions of deadbeats that try to game the system to skip out on their debts. If it is yours, don't sweat it - the credit point loss will cost you far more than the $90 bucks.

DC

PS: Your $90 account is only worth about $30 to the CA. They aren't going to spend more than a couple of minutes talking to you and they aren't going to send you anything not required by law.

So it's ok for them to go ahead and turn something into the credit bureaus that I know I do not owe and they never proved differant?It IS required by law to validate a debt (BEFORE reporting to a credit bureaus)which they never did.Don't sweat it LOL...is that how you handle things when you have been done wrong?So your saying I should have paid the $90.00 even though it was not my debt and play the game by "their"rules?Slander is spoken defamation and Libel is printed and braodcast defamation.....your saying I have not been libeled?

 

[Antigone*]

So it's ok for them to go ahead and turn something into the credit bureaus that I know I do not owe and they never proved differant?It IS required by law to validate a debt (BEFORE reporting to a credit bureaus)which they never did.Don't sweat it LOL...is that how you handle things when you have been done wrong?So your saying I should have paid the $90.00 even though it was not my debt and play the game by "their"rules?Slander is spoken defamation and Libel is printed and braodcast defamation.....your saying I have not been libeled?

So dispute the reporting of the debt with Experian...that's how you handle things.

 

[Zigner]

So it's ok for them to go ahead and turn something into the credit bureaus that I know I do not owe and they never proved differant?It IS required by law to validate a debt (BEFORE reporting to a credit bureaus)which they never did.Don't sweat it LOL...is that how you handle things when you have been done wrong?So your saying I should have paid the $90.00 even though it was not my debt and play the game by "their"rules?Slander is spoken defamation and Libel is printed and braodcast defamation.....your saying I have not been libeled?

It's YOU ARE, contracted to YOU'RE.

How are you saying that you HAVE been libeled? Even if it applied in this situation, truth is an absolute defense. You haven't claimed that this is NOT your debt.

 

[TigerD]

It IS required by law to validate a debt (BEFORE reporting to a credit bureaus)which they never did.

Where on Earth did you get that silly idea? That just isn't true.

DC

 

[buster8]

It's YOU ARE, contracted to YOU'RE.

How are you saying that you HAVE been libeled? Even if it applied in this situation, truth is an absolute defense. You haven't claimed that this is NOT your debt.

I did claim it was not my debt and never recieved any validation to their claim that it was,but was told it was not worth validating it.These idiots just think they can claim somebody owes money and never prove it yet libel me to a point where it can effect % rates on so many things.If a debt cannot be validated...there is no debt,am I wrong here.

 

[buster8]

Where on Earth did you get that silly idea? That just isn't true.

DC

So according to Mr Debtcollector...you go out to your mailbox one day and find a letter asking you to pay $91.67 for a Verizon telephone bill dated back to 03-08-03 of which you have no clue about.You have used Verizon through 2006 and still use them on another phone line and NEVER once recieved a due late bill or termination letter from them and still use them as a carrier to this day.You send a letter of dispute asking for validation...never get one and then are told it will cost to much to validate so we will drop the process of collecting it BUT #$%$ up your credit scores for good measure.

 

[quincy]

Buster, I advised that you repost your original thread here instead of the defamation section of the forum because I was hoping the experts here could offer some suggestions that might help you resolve your problem. I was hoping they could, but was afraid they couldn't.

It seems you are doing all that you can do at this point to rectify the errors that have been made. It is not an easy process, and it is time-consuming and often frustrating.

You are facing a problem similar to one faced by those who must battle background check services who report, erroneously, criminal charges on a background report. The charges are reported based on the same or similar name and birthdate, and the erroneous charges appearing on a background check can result in lost jobs and job opportunities. Reputations can be affected, in other words, and there is no legal recourse that is easy to pursue and that would generally have any chance of success.

In other words, mistakes happen.

Unfortunately, these mistakes happen more frequently than most people realize. Unlike identity theft, however, it is often difficult if not impossible to find someone to blame and to sue. While the debt collection service seems a likely target for a suit, suing them would cost you far more than what you suffer in loss from the drop in your FICO score, and a suit is unlikely to be successful.

I suggest you continue to hound the credit reporting agencies, make sure you have on record your dispute of the account, and continue to pester the collection agency to have the false debt deleted. Do not expect an easy resolution. There is none. And if you are feeling especially litigious and willing to invest money that you are not likely to recover, contact an attorney, review your situation with him, and sue.

Good luck.

 

[TigerD]

So according to Mr Debtcollector...you go out to your mailbox one day and find a letter asking you to pay $91.67 for a Verizon telephone bill dated back to 03-08-03 of which you have no clue about.You have used Verizon through 2006 and still use them on another phone line and NEVER once recieved a due late bill or termination letter from them and still use them as a carrier to this day.You send a letter of dispute asking for validation...never get one and then are told it will cost to much to validate so we will drop the process of collecting it BUT #$%$ up your credit scores for good measure.

If that happened to me, I would dispute the entry with the credit bureau and if it came to it have my lawyer handle it. However, and things like that have happened to me, I would handle it before it got to that point. Validation letters are pointless exercises undertaken by people looking for loopholes to escape their debts. And I would have simply pointed out an error in the process -- not started a war where they will dig in their heels and make the debt mine - or in this case- yours.

I would also suggest modifying tone of your approach. If you are seeking help on how to correct an error on your credit report - ask that.

You have a problem. What resolution do you want?
DC

 

[buster8]

If that happened to me, I would dispute the entry with the credit bureau and if it came to it have my lawyer handle it. However, and things like that have happened to me, I would handle it before it got to that point. Validation letters are pointless exercises undertaken by people looking for loopholes to escape their debts. And I would have simply pointed out an error in the process -- not started a war where they will dig in their heels and make the debt mine - or in this case- yours.

I would also suggest modifying tone of your approach. If you are seeking help on how to correct an error on your credit report - ask that.

You have a problem. What resolution do you want?
DC

I think your problem is you do not listen very well.I DID dispute this debt as it is NOT mine!!!!!!!!!!!!!.They insist it is and I simply asked for them to PROVE it WAS mine which they did NOT!!!!!!!!!!!.

"Validation letters are pointless for people looking for loopholes"?You live with a twisted mind my friend as there are people out there NOT looking for loopholes...so should they just stick their tails inbetween their legs and go away.

"Simply pointed out an error" LOL have you ever dealt with these idiots?,there is no "simple"...it is their way or the highway.

Trust me you do not have all of the answers as you seem to think!

 

[buster8]

Buster, I advised that you repost your original thread here instead of the defamation section of the forum because I was hoping the experts here could offer some suggestions that might help you resolve your problem. I was hoping they could, but was afraid they couldn't.

It seems you are doing all that you can do at this point to rectify the errors that have been made. It is not an easy process, and it is time-consuming and often frustrating.

You are facing a problem similar to one faced by those who must battle background check services who report, erroneously, criminal charges on a background report. The charges are reported based on the same or similar name and birthdate, and the erroneous charges appearing on a background check can result in lost jobs and job opportunities. Reputations can be affected, in other words, and there is no legal recourse that is easy to pursue and that would generally have any chance of success.

In other words, mistakes happen.

Unfortunately, these mistakes happen more frequently than most people realize. Unlike identity theft, however, it is often difficult if not impossible to find someone to blame and to sue. While the debt collection service seems a likely target for a suit, suing them would cost you far more than what you suffer in loss from the drop in your FICO score, and a suit is unlikely to be successful.

I suggest you continue to hound the credit reporting agencies, make sure you have on record your dispute of the account, and continue to pester the collection agency to have the false debt deleted. Do not expect an easy resolution. There is none. And if you are feeling especially litigious and willing to invest money that you are not likely to recover, contact an attorney, review your situation with him, and sue.

Good luck.

Thanks Quincy I am still considering my options but with all of the evidence I have against them in their wrong doing(some seem to think I should simply raise a white flag)I am leaning towards small claims court if for no other reasons,my dignity.

 

[quincy]

Defending your dignity in court can be costly, Buster, but I wish you luck.

What the collection agency will have in the way of "validation," more than likely, is a print-out showing that an account was opened in your name. And that will be it, if they have anything at all. They will not have the original agreement with your signature on it. The credit reporting agencies consider the print-out enough proof to keep the collection agency debt on your report.

For most people faced with erroneous credit accounts and collection accounts and other errors showing up on their credit reports (and, again, this is not an uncommon occurence), the best they can do is dispute the accounts and errors and insert a statement in their reports saying the information in question is appearing in error and is disputed. This statement will appear on the reports alongside the account. The error will not be corrected until there is proof that it is incorrect.

Getting proof that something is reported in error is where most people run into problems. It is often easier to just wait for a debt to disappear on its own through the passage of time, because it often takes that same amount of time to resolve the matter anyway, through repeated letters, repeated phone calls, and even court actions.

By the way, I have been through the process - trying to get, believe it or not, an "alternate social security number" removed from my reports. How anyone could have an alternate social security number is beyond me but, even without a debt collection agency involved to complicate matters, it still took quite some time before I was able to convince the credit reporting agencies that I, like most people, have but one social security number.

At any rate, good luck. Consult with an attorney and go from there.

 

[Country Living]

By the way, I have been through the process - trying to get, believe it or not, an "alternate social security number" removed from my reports. How anyone could have an alternate social security number is beyond me but.....

Ah, Q... now we know the real story. You're some tartan-wearing mobster in witness protection.

 

[TigerD]

I think your problem is you do not listen very well.I DID dispute this debt as it is NOT mine!!!!!!!!!!!!!.They insist it is and I simply asked for them to PROVE it WAS mine which they did NOT!!!!!!!!!!!.

I listen very well. You just need to understand that all debtors lie. I have never seen an exception to that rule. The collection agency isn't going to prove it is yours. That isn't our jobs. Our jobs as collectors is to hound you until you finally decide to do the right thing. We apply every form of pressure that we can to bring this to bear. If the collectors are unsuccessful, the file may go to the lawyers who will prove you owe the money (if you know how to make them) in court.

"Validation letters are pointless for people looking for loopholes"?You live with a twisted mind my friend as there are people out there NOT looking for loopholes...so should they just stick their tails inbetween their legs and go away.

Validation consists of the name and address of the original creditor. You should be fighting with Verizon - not the collector. Here's a tip: The Creditor pays us - they are never wrong. You are. As I said, all debtors lie.

"Simply pointed out an error" LOL have you ever dealt with these idiots?,there is no "simple"...it is their way or the highway.

That's because you aren't smart enough to argue with Verizon and not the collection agency.

You know, for someone wanting help you are rather stupid. I spent a number of years as one of those "idiots" and I have a number of friends that work in that capacity. You ask for the benefit of this board's knowledge and experience while insulting us.

About 12 inches from my keyboard is my rolodex. In that rolodex are direct extensions to several Verizon executives that could resolve your problem before lunch Monday. I have no interest in helping you any further because of your attitude.

DC