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Old 10-10-2003, 03:34 PM
pealo137 pealo137 is offline
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Join Date: Oct 2003
Posts: 1
Unhappy stc solutions-what is the best way to go?

Hi,
I am new to this site, but here goes. I am involved with a complaint against STC Solutions in CA.

A collector called me one evening about a debt that they claim I owed to Orchard Mastercard. I set up arrangements for $107 for 6 mos. About an hour later I called the collector back and advised that I wanted to dispute the account, I closed the account 2 years ago because of a monthly fee.

She advised that the credit card balance comes from the account not being closed and the monthly fee just kept adding up and then late charges and intrest and over the limit fees, all on there monthly charge.

I requested the checks be deleted and I got the fax number to send a dispute. I found out recently that the checks were put through anyway despite the 2nd conversation I had with collector.

Finally tracked down STC Solutions and talk to quality assurance manager, he of couse advised me this is not a valid debt, and that there must have been a miscommunication with the collector as english is her 2nd language.

Anyway I have to fax him my bank statements on Monday so they can return all the fees I received due to them putting through these checks.

My question is shouldn't I seek some kind of punitive damages due to the stress this has cost?

Oh yeah, I never received any notices that the checks were going to be deposited, isnt that a law for postdated checks?
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Old 10-11-2003, 01:22 PM
Christine Christine is offline
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Join Date: Jul 2001
Location: The high desert
Posts: 4,523
I just moved your posting to a new thread.

Yes, STC was required to notify you, and you CAN request $1,000 for statutory damages for FDCPA violations.

I actually had a very similar problem with Orchard:

http://household-credit-complaints.us/

Your posting reminded me that I still had to update that page and notify their attorneys.

So I just sent my e-mail to Lisa Coulter and Carrie M. Francis, Snell & Willmer, congratulating to the dismissal and advising of my publications.

There's a case were Household was held responsible for their collectors' actions. I'm going to be researching and posting more on that in the next couple weeks, need that for my case against Pacific Bell. But I don't know that it applies to you, Household might not even own the debt anymore and you're probably not up for extensive litigation.

However, have you checked your credit reports?

I would include with Monday's fax the request for $1,000 statutory damages for FDCPA violations, including

§ 808. Unfair practices [15 USC 1692f]

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808

"A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

...

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit."

There were probably other violations, but I think the $1,000 is the max for statutory damages.

Don't forget about the credit reporting and PERMANENT closure of the account. Household is scum and might just assign the account to another collecter.
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