Archive for category Law & Ethics
Does the ‘Telephone Consumer Protection Act’ cover junk mail issues?
Posted by admin in Law & Ethics on April 1, 2010
In other words, can a consumer sue a junk mailer (be it a bank, credit card company etc…) under the ‘Telephone Consumer Protection Act’?
Lois
What can I do as a consumer who didn’t sign a contract do to avoid collections?
Posted by admin in Law & Ethics on August 19, 2009
My GF never signed a Gym contract. They tried to, but I made her refuse as I just felt it was not legit. After about a month the headquarters started calling her saying she signed a 36 month contract? I made her call headquarters and they refused to show her a copy and that she had to pay or it would go to collections. They told her that she needed to sign her name 5 times and give them a copy of her ID for her to recieve a “Copy.” I told her not to sign anything, but they are telling her that they are going to put into collections. I understand that you can dipsute the credit burues but it doesn’t seem right that they can do this without providing proof?
Michele
Can I Sue for Home Depot & CITI card for allowing a customer to transfer his Home Depot purchase to my credit?
Posted by admin in Law & Ethics on July 26, 2009
Home Depot knowly and willfully let a consumer apply $9761.64 back in Oct. 2005. The consumer had it on his credit card for 6 months before having Home Depot apply it to my card. My credit card is on file and we work with Home Depot all the time and they know me (this is a personal credit card not a business). It showed up on my credit card as a misapplied sales in Nov. 2005 so I figured is was my husband building he put on in Oct. 2005. We paid payments any where from 570.00 to over 1000.00 a month till Dec. of 2006. We diputed it called Home Depot and Citi card explaining what happen and no one would help us. In Dec. 2006 I came across some paper work belonging to the consumer we had build a cabin for and saw the receipt attached and the amount of 9761.64 and the ending 4 digit of his credit card. Can I sue the consumer who did this to my card to? I know they said you only have 60 days to dispute a puchase but the consumer who applied this had 6 months and Home Depot allowed him to. Can I sue Home Depot for them putting on my credit card? Can I sue CITI card for ruining my credit score because of something Home Depot allowed a customer to do delibertly.
Home Depot would not tell me where the charges came from untill I came across the paper work from this customers file showing me his purchase and the purchase amount. When I final figure out who’s bill it was I contacted Home Depot and CITI Card and told them the name of the person and neither did anything about it, I quit paying my bill and now they show it as a charge off on my credit report.
There is alot more to this story then I can every go into. I would like to know what right does Home Depot have to do such a transaction? This was not a mistake. Home Depot corp. contacted me stating that they had a letter they had sent to me which I don’t recall seeing and I had asked them to fax it to me, never did.
Just to let you know the gentleman that had this transfer to my account also did this to my Visa card to a few months before this happen – but this one I nab right away.
Amanda
Do you know of any businesses that have broken consumer laws?
Posted by admin in Law & Ethics on May 10, 2009
1.The Sale Of Goods Act 1979 – Goods must be good quality and customers are entitles to a refund/replacement if they are not.
2.The Trades Description Act 1968 – The product must fulfill their description. (do what it says on the tin)
3.The Weights and Measures Act 1951 – Weight on the packet must be accurate.
4.The Food Safety Act 1955 – Food must be safe and accurately labeled. Allergies and vegetarian info must be clear and Sell-by-Date must be visible.
5.The Consumer Credit Act 1974 – When lending money, businesses much have interest rates clearly stated and give consumers adequate time to decide whether they want to accept the agreement.
Do you know of any well known companies that have broken any of these laws?
Thanks.
Ted
Under the Fair Credit Reporting Act (FCRA) do the credit bureaus have an obligation to maintain consistency?
Posted by admin in Law & Ethics on April 10, 2009
My question stems from the fact that I have successfully disputed and had removed an account from two of the three bureaus. TransUnion and Equifax have removed an account many months ago, and I am wondering if Experian has an obligation to follow suit with the supporting documents being the deletions from the other two bureaus. I remember reading something to this effect while doing some research a year or so ago.
Please respond only if you have a high level of understanding of credit and please provide supporting evidence/references (An excerpt from FCRA would be great!). Please do not respond with a quip just to get some answer points, thank you!
BTW did you guys hear Obama today?!? Credit heaven for consumers is coming soon! No fee hikes whenever they want, no hidden fees! An oversight executive type agency to monitor the bureaus and lenders, not just the dumb old silent FTP. Plain language, lots more! Google it! Just happened today!
Thanks again!
Yes, I am disputing with Experian, but they have blocked me before. They will look at something they have already verified IF there are additional supporting documents. I am using the fact that the other two buereaus have both deleted this account as additional supporting documentation. Note: This account WAS reported on all three bureaus, its VERY old, and they are no longer attempting to collect this debt. It was deleted b/c of that fact from TU and EQ, and I am filing a dispute with EX to have it re-investigated. My basis in my letter was that it was removed from the other bureaus, and under the FCRA they have an obligation to maintain consistency with the other bureaus (kind of a 2 vs. 1 thing). So 2/3 bureaus are now accurate. I was hoping to have supporting legislative documentation from the FCRA to invoke this pursuant to … and thats really my question. Thanks!
Viola
What are my rights & how do I pursue for repo of car under an invalid replevin during Dec 2005 in Wisconsin?
Posted by admin in Law & Ethics on April 6, 2009
Vehicle reposessed under an invalid replevin in December 2005 in Wisconsin. Consumer rights? Fair Credit Collection Practices?
The replevin used was reversed by the creditor 5 months earlierand on file with the clerk of courts. Wisconsin law in 2005 did not allow self help reposession. I had consulted an attorney in the past, but he was not knowledgable on this topic and was not helpful referring me to another attorney.
Holly
In California, can a debtor sell the debt and still report negatively while the new debtor does the same?
Posted by admin in Law & Ethics on March 11, 2009
, so that even though the account was sold , they are both reporting the debt as a negative mark on a consumers credit report at the same time, thanks ?
Marvin