UNIFUND CCR PARTNERS ZOMBIE DEBT COLLECTORS STILL SHOWING MY ACCOUNT AS IN COLLECTION EVEN THOUGH STATUTE OF LIMITATIONS EXPIRED FIVE YEARS AGO CINCINNATI Ohio
THIS COMPANY APPEARS ON MY CREDIT REPORT SHOWING THAT THE ITEM WILL BE REMOVED 03/2009. IS THIS LEGAL WHEN THE STATUTE OF LIMITATIONS EXPIRED 5 YEARS AGO?
Anonymous
Long Beach, California
U.S.A.
2 Updates & Rebuttals
Martin Seidler
San Antonio,Texas,
U.S.A.
File FTC complaint against UNIFUND or better yet find a lawyer and sue!!!.
#3Consumer Suggestion
Sun, September 21, 2008
If Unifund as wrongfully reaged your account info. to the credit reporting agencies file a complaint with documentation with the Federal Trade Commission (that is if you don't want to sue first) Another predatory debt collector, NCO Financial, was fined 1.5 million dollars by the FTC as part of a reported consent decree for wrongfully reaging consumer accounts. The United States District Court approved a class action settlement against Unifund here in Texas a few years ago involving wrongfully filing suit on debts which Unifund knew were barred by the Texas 4 year statute of limitations. You can use the PACER U. S. Party index to find suits against Unifund in federal courts all over the country. If put the test in court, it is my impression that Unifund like many other buyers of distressed debt cannot prove the debt, cannot prove it owns the debt, and usually files suit without reviewing the underlying documents which may prove or disprove the debt.
For example, Bank of America sued one of my clients on an old MBNA debt allegedly assigned to FIA card services which obtained a bogus arbitration award. The client counterclaimed and asserted affirmative defenses to the effect that the debt was not owed, it was time barred, it was usurious, it violated the statute of frauds (no written contract). The counterclaim asserted violations of the Texas Debt Collection Act and Fair Debt Collection Practices Act basically arising from the isrepresentations in connection with the Bank's attempts to collect the debt. In response to discovery, the bank could not prove it owned the debt. It produced no account history. It produced no valid account agreement or admissible financial records of the account. At trial two weeks ago our local court granted the client's no-evidence motion for summary judgment - throwing the bank's case out and awarding the client $2500.00 in actual damages and $6,000.00 damages in attorney's fees.
SUGGESTION: FIND A LOCAL LAWYER WHO WILL AGGRESSIVELY PURSUE YOUR CLAIMS.
Nathan
Milwaukee,Wisconsin,
U.S.A.
They reaged it. .....a common illegal practice and a violatio of the Fair Credit Reporting Act
#3Consumer Suggestion
Sat, August 23, 2008
This is a common practice by the dirtbags of Unifund. Do you have copies of previous credit reports? Do it ever show removal date of 2003?
The first thing you need to look for old docs which prove that the SOL expired 4 years ago. If you have them I would go with filing a complaint with your Attorney General. You also could make some headway by filing a complaint with Ohio Attorney General.
Now you need to learn all about the dealing with these clowns. Go to Debtorboards.com
They will listen to your questions and you should get answers. My username is MobsterHunter.
Another choice is to goto Budhibbs.com and click NACA.Net and find an attorney. They sometimes take cases on contingency. They are good attorney's They are not so money hungry.
Join a thread on Debtorboards.com I promise you won't be sorry!!!
Best of luck and god bless you
Mobsterhunter