Transworld systems lawsuit

[Redemptionman1]

That is not a right you will find in either the federal Fair Debt Collection Practices Act (FDCPA) or the Fair Credit Reporting Act (FCRA).

Boy Wow, all I can say

Yes by golly it does actually allow you to go to the actual debtor company who is reporting that information to an actual credit bureau. I have done this several times actually so I would know as well.

According to the NCLC:

"In most cases, the credit reporting agency will refer the dispute to the creditor, debt collector or other information provider that first supplied the information to the credit reporting agency – called the “furnisher” of the information. The furnisher also has a duty to investigate the dispute you sent to the credit reporting agency."

" You also have a right to dispute incorrect information directly with the creditor or other furnisher; however, a dispute to the furnisher will NOT give you a right to seek legal relief if the furnisher mishandles your dispute. Only a dispute sent to the credit reporting agency gives you that right. "

If you have a credit sell off and it is being reported to a credit bureau then you certainly do have a right to ask them to correct this information. In FlyingRon's it was a wrong telephone number attached to another persons credit. In the OPs case I would assume he would have the ability to do the same but he hasn't updated this thread so I assume he is basically counter-suing a tort feasor? unless he says different.

 

[Zigner]

Boy Wow, all I can say

Yes by golly it does actually allow you to go to the actual debtor company who is reporting that information to an actual credit bureau. I have done this several times actually so I would know as well.

According to the NCLC:

"In most cases, the credit reporting agency will refer the dispute to the creditor, debt collector or other information provider that first supplied the information to the credit reporting agency – called the “furnisher” of the information. The furnisher also has a duty to investigate the dispute you sent to the credit reporting agency."

" You also have a right to dispute incorrect information directly with the creditor or other furnisher; however, a dispute to the furnisher will NOT give you a right to seek legal relief if the furnisher mishandles your dispute. Only a dispute sent to the credit reporting agency gives you that right. "

If you have a credit sell off and it is being reported to a credit bureau then you certainly do have a right to ask them to correct this information. In FlyingRon's it was a wrong telephone number attached to another persons credit. In the OPs case I would assume he would have the ability to do the same but he hasn't updated this thread so I assume he is basically counter-suing a tort feasor? unless he says different.

That has nothing to do with what is being talked about. Go back and read the thread (except your posts) so that you can see.

 

[Ohiogal]

That is not a right you will find in either the federal Fair Debt Collection Practices Act (FDCPA) or the Fair Credit Reporting Act (FCRA).

Check your PMs.

 

[quincy]

If it helps, TimMeans added what is now the original post in this thread to Helpfuldaughter’s thread. His post was removed from that thread and became the basis for this thread. That is why it seems to pick up in the middle.

Here is a link to Helpfuldaughter’s thread, to which Tim refers:

https://forum.freeadvice.com/threads/midland-credit-management-inc-pre-trial-questions-after-dispositive-motions-deadline.660426/

 

[Taxing Matters]

Boy Wow, all I can say

Yes by golly it does actually allow you to go to the actual debtor company who is reporting that information to an actual credit bureau. I have done this several times actually so I would know as well.

But you evidently didn't read my post in full. The sentence of yours that I said is not a right that you have was the sentence that said you have a right to have them "...remove the phone number from their records in pursuit of their monies." Nothing in either the FDCPA or the FCRA gives you a right to compel a collector to remove your phone number from their records. You may, of course, exercise your right under the FDCPA to tell the collector in writing to cease contacting you, in which case the collector is restricted in the future communications it may make with you. But that is not the same thing as forcing the collector to remove your phone number from its records.

 

[FlyingRon]

. You may, of course, exercise your right under the FDCPA to tell the collector in writing to cease contacting you, in which case the collector is restricted in the future communications it may make with you.

Again, FDCPA only protects the deadbeat with regard to ceasing communication...

From section 803: (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.

From section 805 (c): If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt,
and (d) “Consumer” defined
For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

So you see, there is no protection for some innocent bystander to this fiasco for relief. Only the deadbeat and certain people directly related to them are protected.

 

[Redemptionman1]

All laws are open to interpretation in application, maybe it is the threat of legal action or the simple manner of writing a letter but I have never had a problem after drafting a letter referrecing the FCRA in order to correct mistakes from a creditor. If a charge off company bought the debt then as the new debt holder they are required to adhere to the FCRA in regards to accurate consumer information and a wrong phone number is included.

Again when/ if it got out of hand I also would have no problem filing a small claim in district Court against them to act appropriately. You are just trying to get them to correct in accurate information.

This worked for me, but may not work for you in your situation or case since each are different.

 

[Taxing Matters]

Again, FDCPA only protects the deadbeat with regard to ceasing communication...

Right, but the OP hasn't indicated that he's not the debtor.

 

[quincy]

... I have sued them on the advice of a law firm that I've hired to help me fight them. The law firm I hired has assured me that they've won lawsuits against them before. ...

TimMeans HAS an attorney.

The law firm he hired to represent him in the lawsuit has assured Tim that it has won suits against the debt collection agency before.

Tim’s ONLY question for the forum was: “I wanted to ask if I have any chance of winning.”

His attorney/the law firm he hired really can answer that question better than anyone here.