Author Topic: OC messed up BAD  (Read 251 times)

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NoLongerSweet

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OC messed up BAD
« on: May 21, 2018 11:07:03 AM »
Hi all. I can give more information later if necessary, but I'll try to keep it brief for the sake of the board.

I found out late last year that a company reported me to SCAN and Certegy for some transactions that they claim didn't go through and they claim weren't paid for a few years ago (I was trying to cash a check).  I was attempting to work things out with them and they were folding, but lucky for me they were also being jerks.  I went into my bank to pull the statements and lo and behold, every single transaction had been paid back then. Not only did they report me AFTER being paid, they also tried to collect their supposed fees from me and collect twice on some of the transactions. I only filed small claims at the time because I knew I had the money to cover them. But now I am BEYOND ticked off at what they did and I want to get every single dollar I can. I'll gladly bump it to District Court.

What should I hit them with besides the normal FCRA/California Rosenthal?

I'm in California. Thank you in advance.
« Last Edit: May 21, 2018 11:13:46 AM by NoLongerSweet »

Flyingifr

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Re: OC messed up BAD
« Reply #1 on: May 21, 2018 10:36:20 PM »
Is this the OC or is it a third party? If the OC, then FCRA is the Fedral law thatw oudl apply. If a third party then FDCPA Section 809 applies:

Quote
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

You have proof it has already been paid. They say it hasn't. Someone is lying. If you, then you owe it. If them, then they owe you $1,000 Statutory Damages under FDCPA and some more money under California's Rosenthal Act.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

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