Sunday, July 24, 2005

New Post/Thread Notification: ASK AN ATTORNEY


Hello,

Raidix has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=700

Here is the message that has just been posted:
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UPDATE::confused:

Hi Guys:

I hope and pray that you are still monitoring, and will take the time to respond.

Since last I wrote, the following events have occured:

Experian and Equifax have each reported the "alleged" debt is in Collections with no comment attached.
TransUnion has reported the debt in Collections, with Remarks indicating that "this debt is dsputed by Consumer."

My husband and I will be signing a Construction Loan for our new house on Aug 27, 2005. That loan has already been approved.

However, two weeks ago, we applied for a Contractor's account at Lowe's using our Letter of Approval from the bank. On a letter dated July 18, we were DENIED the contractor's account due to information contained in the Equifax Credit Report.

I pulled each of the credit reports on both my husband and myself today. The ONLY negative item is the Collection Account on MY report, which does NOT indicate that the debt is disputed on the Equifax Report.
My Credit Summary from Equifax states:
Type of Account # of Accounts
Mortgage 4
Installment 5
Revolving 13
Total Accounts 22
Total Accounts in Good Standing 21
Accounts Currently Past Due 0
Negative Account History 0
Accounts in Collection 1

NOW, if TransUnion reports that this alleged debt is disputed, and Experian and Equifax do NOT, how would I determine if Armor Collections was negligent by not reporting the dispute to the CRAs, or if Experian and Equifax are negligent by not including the CA's statement.

If Armor did not report that info to the 2 CRA that do not have that statement, would this be another cause for action against them under the FDCPA?

Conversely, if Armor did supply that info, but the 2 CRA's did not include it, would they be liable under the FCRA?

ALSO, my research into contract law refers to the "4 Corners" of a valid contract. I cannot find a site that defines these corners, but is it correct to assume that in a retail transaction,
1) Something of value has to be sold
2) The price of this item must be identified
3) The buyer must agree to purchase

AND, IF it is true that I actually used the VMC site to purchase Dish Network satellite service, I know that had I known that I was going through a reseller, which required a one year's commitment, I would NEVER have completed the transaction, since our house was listed with a realtor at that time.

My pitiful understanding of contracts lead me to believe that this company is engaged in UNCONSCIONABLE actions. If this case has merit enough for a suit to be filed in federal court, could the contract itself (or the lack thereof) be an object of scrutiny for the court? Would the original creditor (VMC Satellite) even be affected by a suit under either of these two Acts?

If not, is there any type of suit that could be filed in Lousiana to STOP a company headquartered in Virginia from engaging in unscrupulous business practices?

I do not know if my situation is unique, but all of these Acts seem to be inter-related in this case, and it is overwhelming to me. I am persisting in my research, however, and your support and insight is of incaluable worth to me. Thank you for EVERYTHING!
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