Kristi’s Extortion

Hi Paul!  

Okay… I feel like I have hit a jack pot! So, you are either going to burst my bubble, or … suggest a course of action!

A 1900.00 CC debt keeps popping up on my CR.
My credit limit for that card (Providian)was 500.00. 
I was in my early 20′s when I closed it-  I am 37 now.
the 500.00 was paid with interest at 700.00 (I have my old bank statement).
It is now past the SOL for reporting.
The original creditor does not have me as owing anything on my CR and refuses to talk to me about the account.
They are unable to be verified….

Write letters to the CRA’s? Oh if only it were that simple! Been there, done that…
 
JDB are passing me around like a game of “Hot Potato”.

CollectorA, CollectorB, CollectorC and CollectorD are all on my Credit report for this PAID debt. Only 3 at the same time though.  Lexington Law gets them removed one by one because they can’t verify, but as one comes off, another with a new name for the same PAID debt pops up!

I just knew they were “incahoots”! So on a whim…. and because I have become obbsessed, I decided to check my states business license database. Yep- all current and active.  A foreign License.

Upon doing a search on CEO names rather than business names I found that yes, they all have the same CEO in common, ThisNameCEO.

Finally I can prove to people I am not crazy and this is a game they are playing with me.

That’s well and good- but how do I end this game once and for all! They have 15 other comapny names they can use to put this on my report.

I don’t care about the phone calls- I can make those go away and they are not what’s damaging me. Besides, I have started to wait in anticipation for their calls with ipod on hand because I could use an extra thousand in my pocket!

Please note-  I am not trying to get out of a debt. Someone provides a service or a good they should be paid! Even if you foreclose or get repossessed because you made a commitment/promise to pay. As you can see by my debt amount- I was not, nor do I live above my means. It’s the principal and the fact that they are doing this, using our credit report, as leverage to pad their pockets.

I feel, however, my situation fits the definition of extortion.

How does the game end??

What would YOU do?

By the way-  IF by chance you DO reccommend an attorney- could you also reccommend an attorney’s name?   

Thanks!

Kristi

—————

Hi Kristi,

Did you know the FDCPA permits a consumer to sue an agent or the CEO of a collection agency individually? 

Section 1692a(6) of the FDCPA reads (in part) “The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another” (emphasis added).  A recent case in Kistner v. Law Office of Michael P. Margelefsky, L.L.C., 2008 WL 495345 (6th Cir. Feb 26, 2008) concludes (in part): “..we have determined that Margelefsky is a “debt collector” who may be held individually liable for any violations of the FDCPA”.

“What would YOU do?”

I would send a CMRRR to the CEO of these companies to advise that they are attempting to collect a debt that has been paid.  On the surface this would violate 1692e(2)(a) and failure of his companies to advise his other companies that a disputed debt is disputed is a violation of 1692e(8).  That should do ya!

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.