Author Topic: Is this a violation of the FDCPA?  (Read 609 times)

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debtridden

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Is this a violation of the FDCPA?
« on: May 03, 2012 04:38:22 AM »
So, I am almost done cleaning up.  I was sued last year by Zwicker for over $50k.  It was the result of a family member opening up 2 chase accounts in my name.  I fought, and fought, and right before court (I filed jury trial, motions to dismiss, arbitration, etc), the case was dismissed.

I wrote the CFPB to try to get some help to have Chase fix their records and allow me to fill out affidavits, and received another letter from Zwicker in response to the CFPB.  Basically the letter stated that I owed the money and to call them to make payment.

No "mini-miranda" or dispute rights were set out on the letter.

Do I have an FDCPA violation on the letter?  I can post a redacted copy online if people cared to view.

jbmex3

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Re: Is this a violation of the FDCPA?
« Reply #1 on: May 03, 2012 07:20:22 AM »
Was it dismissed with or without prejudice?

debtridden

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Re: Is this a violation of the FDCPA?
« Reply #2 on: May 03, 2012 01:59:08 PM »
It was W/O prejudice, because they acknowledged in part during their MTD that the debt was in dispute because of it being potentially fraudulent (and they didnt want to litigate against the wrong consumer potentially).  This was a year ago it was dismissed.  If you add that time (since dismissal) back in to the original date of first delinquency, the debt is now out of statute (I have deducted the time it was in the court system)

cprems

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Re: Is this a violation of the FDCPA?
« Reply #3 on: May 03, 2012 10:30:00 PM »
A dismissal without prejudice starts the clock over.

It is as if they never filed the suit.

If they acknowledged in Court that this may be potential ID theft then they know they have the wrong person and as such, IMO, violated the FDCPA by asking a non debtor for payment.

If I had other violations, I would either seek Counsel or file suit.

They cannot counterclaim the alleged debt as it appears to be time barred. This would, IMO, make a great arbitration case.
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