Steve
Tucson,#2Consumer Suggestion
Wed, March 23, 2005
If Ocwen hasn't sent you a copy of your Mini-Miranda" rights you already have a violation of the Federal Debt Collection Practices Act (FDCPA). There are numerous boards on the internet where you can learn how to enforce FDCPA by filing suit against Ocwen and collect $1,000 for your trouble. I have already collected $10,000 from my ex-creditors for FDCPA violations. The Federal Trade Commission has the text of FDCPA on their web site (www.ftc.gov). Also, pay attention to the "Staff Opinion Letters". While they are not law by themselves, they give a very reasonable interpretation of the law and how it should operate. On the message boards there are plenty of gurus who can provide you with case law concerning Ocwen's violations. Based on your post above, I spot the following violations: 1. Misrepresenting the legal status of the debt 2. Misrepresenting the true name of the creditor 3. Making threats they do not intend to carry out My suggestion: Send Ocwen a letter that says the following: 1. You dispute the alleged debt. 2. You demand Validation of the debt. 3. They are not to contact you in any way except by mail. Under FDCPA, once they recieve this letter (send it CMRRR) they are forbidden to call you. If they do, they owe you ANOTHER $1,000.
Richard
Santa Ana,#3Consumer Suggestion
Wed, March 23, 2005
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail. Good Luck Your Name 123 Your Street Address Your City, ST 01234 ABC Collections 123 NotOnYourLife Ave Chicago, IL Date: Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards, Your Signature Your Name