Christine
Chronology of Events
03/10/2002 CBE GROUP -- HARD inquiry on Equifax
CBE did NOT notify my client of this collection.
We discovered the collection on the credit report in early October when my clients contacted me to assist them with their refi.
10/7 - CBE Dispute and validation:
"I just found out about your (deleted) on my credit report. This is definitely NOT my account.
Please immediately delete your collection from my credit reports and fax evidence of deletion to 571-222-1000."
Have confirmation of fax receipt - no response was received.
10/16 - Equifax verifies via snail mail:
"Equifax has verified that this item belongs to you."
10/24 - Client's offer to settle to CBE Legal Department
Offered to settle the FDCPA violations for $1,000 (too long to post here)
Have confirmation of fax receipt - no response was received.
10/29 - tried to confirm the receipt of the 10/24 fax by calling.
15 minutes on the phone, explained everything 3 times. Eventually spoke with Jim Reidy who refused to confirm receipt of the fax unless I sent the power of attorney.
10/29 eve - faxed power of attorney and final settlement offer to Jim Reidy
10/30 - called again, requested call on Reidy's VM.
10/31 - called again, Katie: Reidy not at his desk.
Left message with her to have Reidy call me today, and that I WILL contact attorneys this eve if no call today.
10/31 - Kevin Willis, VP of Operation, CBE called.
Willis denied receiving the initial validation request and denied verifying the account with Equifax. He refused to provide anything in writing, and would not allow me to record the call.
So I had no choice but to take the time to summarize the call in a fax.
10/31 eve - faxed call summary to Willis:
---------------------------
FTC - via fax to 202-326-2012
Please process this complaint and enforce the FDCPA and FCRA!
ATTN: Kevin Willis
VP of Operations
CBE Group
3362 University Ave
PO Box 900
Waterloo, IA 50704-0900
Via fax to 319-226-5169
October 31, 2002
Re: (deleted)
Dear Mr. Willis:
Below is a summary of our phone conversation today. You made the following statements:
1) CBE did not receive the validation request 10/7/02.
2) CBE first became aware of the dispute when a letter from Equifax was received on 10/9/02
3) CBE did NOT verify this collection with Equifax.
4) In response to the Equifax investigation, CBE notified all bureaus of the dispute on 10/12/02 via tape.
5) You have no explanation other than a "mistake" on Equifax's part for the 10/16/02 written notification to my client:
"Equifax verified that this item belongs to you."
6) CBE did not violate any provision of the FCRA and FCDPA.
7) You don't feel that CBE should pay for the time I spent on this matter and my client is not entitled to damages due to the problems caused by CBE.
8) You refused to provide a written response to my 10/29 fax and you refused to put any of your statements made during this call in writing.
9) You declined my request for permission to record this call.
Due to items 8 and 9, I am giving you the opportunity to advise via fax of any misunderstanding by tomorrow, Friday, 11/1/02, 5 PM PST. In absence of your notification with specific corrections, I will assume that the above statements are accurate and they may be presented as factual in my publications as well as litigation.
Please note:
a) My client can not refinance with low rates as long as this bogus CBE collection destroys his credit. As per Fair Isaac, my client's Beacon credit score has not increased at all since Equifax is reporting this collection in dispute.
b) CBE accessed my client's credit on 3/10/02 without a permissible purpose and failed to give him the opportunity to dispute the collection by providing written notification, as required by the FDCPA. My client discovered the CBE collection when he started the mortgage application process in October.
c) My hourly fee is $75. I will charge for the time required to get this matter resolved, including publication of the CBE despicable collection practices at my web sites as well as at other sites frequented by consumer attorneys and legislators.
d) If you wish to settle this matter, you may fax your offer and the UDF with the deletion request to me. My client may retain an attorney and incur legal fees at any time, no further notice will be provided and I will begin contacting and researching attorneys tomorrow.
You may contact me via e-mail or fax at your convenience.
Very truly yours,
Christine Baker
www.bayhouse.com
www.creditcourt.com
c: (client)
--------------------------------
11/1 - Kevin Willis called Friday afternoon
He said it wasn't true that he stated that they didn't verify with Equifax. Our conversation went something like this:
Me: So you did verify?
Willis: No, we notified them of the dispute.
Me: Oh, so you did NOT verify.
Willis: No, that's not what I said.
... we did that for a bit.
He again declined permission to record. I told him to respond in writing. I had to literally hang up on him, he just wouldn't shut up.
A few minutes later he called again.
Did Willis ever work as a collector? Why doesn't he know the meaning of "do not call?"
Had to hang up on him again after he insisted that he has a "right" to respond by phone. What kind of drugs is HE on?
Unbelievable - but VERY typical for collectors. He is very skilled at intimidating people, and he just can't understand that I couldn't care less! Most people would probably PAY that collection even though it's not theirs - thinking that would raise their scores.
11/1 - "Do NOT call" fax:
-------------------------------
11/1/02
Mr. Willis,
Please do NOT call me again. I stated in my fax below:
"You may contact me via e-mail or fax at your convenience."
You called me twice now and you declined my request for permission to record your calls. I have no interest in wasting more time on your phone calls, please respond in writing and stop harassing me.
My fax # is 571-222-1000 and you may also send e-mail to (deleted.) All communications are subject to publication.
Very truly yours,
Christine Baker
(Had the previous night's call summary attached.)
------------------------------------
I sent a brief e-mail to a Virginia attorney (where my client is) on Friday. He wants to see the documentation.
I believe the CBE headquarters are in Iowa, haven't checked to see where they are incorporated.
What's the urgency?
My client had a $45K business loan called and it's about to go into default. If we can refi his properties and then put a 100% equity line on his house, he can just pay off that loan.
While the collection is reported as disputed, the Beacon STILL lists the collection and the associated RECENT delinquency as the primary reasons for the low 640s score.
My client has NO other derogs
The credit reports are as clean as they come, not a single late payment, lots of excellent mortgage and installment credit and long history.
Equity line interest rates and approval/declines are based on the credit scores.
Is Kevin Willis, CBE VP of Operations a liar?
I think he is. Why else would he not allow me to record? Why did he NOT respond in writing as I requested?
He threatened me with a slander law suit if I published this. Well, Mr. Willis, go ahead.
I think you are a liar.
Please read through this posting and count how many times we contacted CBE, only to be ignored. I think you lied when you stated that you did not receive the 10/7 dispute and you have yet to offer any explanation for CBE's failure to respond to ANYTHING other than my threat of immediate legal action.
Not until MY name was on the faxes and I started threatening with legal action did CBE get back to us.
I also think you lied when you stated that you did NOT verify the account with Equifax. Of course it COULD be that Equifax made a mistake when they verified this account. In that case Equifax needs to be a co-defendant.
I learned a long time ago that when people refuse to put their words in writing, the reason is that they are not speaking the truth. Mr. Willis, you know that Equifax can document when and how you notified them of the dispute.
That's why you refused to put anything in writing.
Therefore, I concluded that you are a liar.
Another incredible coincidence:
On the 24th CBE received my client's settlement offer, on the 25th Equifax reported the dispute.
It's time to ask Equifax what happened.
11/3 - Client dispute fax to Equifax:
"CBE Group (Directv) - I previously disputed this account with you and you VERIFIED the account on October 16, 2002.
a) According to Kevin Willis, VP of Operations, CBE, they did NOT verify this account and instead informed you of my dispute. Please provide your procedures for this investigation so that I can determine who is correct.
b) Please explain when and how CBE notified you of my dispute.
c) While the account is now reported as disputed, I hereby request that you delete the account immediately as it prevents me from refinancing. As per your web site, my credit score did not increase after this collection was reported in dispute."
It's unlikely that we'll get a meaningful answer. Equifax operates like Willis, only interrogatories will get us answers.
What's next?
This posting got WAY too long, and I really tried to keep things brief. I have the recordings of EVERY call I made. While I haven't had time yet to check on where that 319 area code is and what the admissibility of the recordings for litigation is, those calls are admissible at CreditCourt.com :)
So I'll be organizing everything nicely at CreditCourt, all the faxes and calls, I already took the screen shots of the reported account and the Beacon score reasons.
Aside from my client's immediate problems, the following issues need to be addressed for the benefit of all consumers:
1) Why did CBE (as many other collectors) cause a HARD credit score lowering inquiry when they ran the credit in March?
They have an account, they run the credit for the purpose of an account review, and it should be coded as such. My client did NOT apply for credit or employment with CBE.
It has to do with the conspiracy between the creditors, collectors, credit bureaus and Fair Isaac to get as much interest as possible out of honest and hard working people by lowering their credit scores for bizarre reasons such as CBE running my client's credit due to a collection he knows nothing about.
There are NO "coincidences," "errors" or "mistakes" - it's all by design.
2) Why did CBE NOT contact my client prior to reporting?
His address is on the credit report. He hasn't moved in many years. This happens to so many people, as it happened to me. I will ask in MY interrogatories for American Agencies why they kept accessing my credit files and never notified me.
3) Just looking at my client's credit report, you'd think that anyone with an IQ above 50 would be able to conclude that something is WRONG with that collection.
While CBE has not provided ANY documentation for this account, this Directv account could not possibly have been for service at my client's address.
And why would someone with this long and excellent credit history not pay $117? Hello!!????
How about some minimum IQ requirements?
Assuming for a moment that VP Willis is correct when he states that CBE did not violate the FDCPA, THIS case should convince every legislator in the country that the FDCPA needs to be amended to provide EFFECTIVE consumer protection.
If anyone doesn't agree, I'd sure like to read your posting.
4) I'd really like to see the law suit filed and some interrogatories sent to CBE and EQUIFAX about their verification procedures.
The bureaus have NEVER responded to my requests. Just like Willis doesn't want to put in writing that he did NOT verify the account, the bureaus don't want to give consumers anything they can use in legal action against creditors.
5) WHY is this account still included by Fair Isaac for their scores? Fair Isaac should definitely be a codefendant.
I have already asked Mr. Willis some questions, he told me snidely that he doesn't HAVE to answer, we'll have to send him interrogatories. That would be a nice audio clip for CreditCourt.
I've been really busy lately, so it probably will be a few days until I get that new section up at the CreditCourt forum. I'll post the link here once it's ready.
I am closing this thread, but if you have any comments and especially if you had similar experiences with CBE, please start a new thread.
It's highly unlikely that my client was the ONLY consumer who was ignored. After all, it wasn't just once.
03/10/2002 CBE GROUP -- HARD inquiry on Equifax
CBE did NOT notify my client of this collection.
We discovered the collection on the credit report in early October when my clients contacted me to assist them with their refi.
10/7 - CBE Dispute and validation:
"I just found out about your (deleted) on my credit report. This is definitely NOT my account.
Please immediately delete your collection from my credit reports and fax evidence of deletion to 571-222-1000."
Have confirmation of fax receipt - no response was received.
10/16 - Equifax verifies via snail mail:
"Equifax has verified that this item belongs to you."
10/24 - Client's offer to settle to CBE Legal Department
Offered to settle the FDCPA violations for $1,000 (too long to post here)
Have confirmation of fax receipt - no response was received.
10/29 - tried to confirm the receipt of the 10/24 fax by calling.
15 minutes on the phone, explained everything 3 times. Eventually spoke with Jim Reidy who refused to confirm receipt of the fax unless I sent the power of attorney.
10/29 eve - faxed power of attorney and final settlement offer to Jim Reidy
10/30 - called again, requested call on Reidy's VM.
10/31 - called again, Katie: Reidy not at his desk.
Left message with her to have Reidy call me today, and that I WILL contact attorneys this eve if no call today.
10/31 - Kevin Willis, VP of Operation, CBE called.
Willis denied receiving the initial validation request and denied verifying the account with Equifax. He refused to provide anything in writing, and would not allow me to record the call.
So I had no choice but to take the time to summarize the call in a fax.
10/31 eve - faxed call summary to Willis:
---------------------------
FTC - via fax to 202-326-2012
Please process this complaint and enforce the FDCPA and FCRA!
ATTN: Kevin Willis
VP of Operations
CBE Group
3362 University Ave
PO Box 900
Waterloo, IA 50704-0900
Via fax to 319-226-5169
October 31, 2002
Re: (deleted)
Dear Mr. Willis:
Below is a summary of our phone conversation today. You made the following statements:
1) CBE did not receive the validation request 10/7/02.
2) CBE first became aware of the dispute when a letter from Equifax was received on 10/9/02
3) CBE did NOT verify this collection with Equifax.
4) In response to the Equifax investigation, CBE notified all bureaus of the dispute on 10/12/02 via tape.
5) You have no explanation other than a "mistake" on Equifax's part for the 10/16/02 written notification to my client:
"Equifax verified that this item belongs to you."
6) CBE did not violate any provision of the FCRA and FCDPA.
7) You don't feel that CBE should pay for the time I spent on this matter and my client is not entitled to damages due to the problems caused by CBE.
8) You refused to provide a written response to my 10/29 fax and you refused to put any of your statements made during this call in writing.
9) You declined my request for permission to record this call.
Due to items 8 and 9, I am giving you the opportunity to advise via fax of any misunderstanding by tomorrow, Friday, 11/1/02, 5 PM PST. In absence of your notification with specific corrections, I will assume that the above statements are accurate and they may be presented as factual in my publications as well as litigation.
Please note:
a) My client can not refinance with low rates as long as this bogus CBE collection destroys his credit. As per Fair Isaac, my client's Beacon credit score has not increased at all since Equifax is reporting this collection in dispute.
b) CBE accessed my client's credit on 3/10/02 without a permissible purpose and failed to give him the opportunity to dispute the collection by providing written notification, as required by the FDCPA. My client discovered the CBE collection when he started the mortgage application process in October.
c) My hourly fee is $75. I will charge for the time required to get this matter resolved, including publication of the CBE despicable collection practices at my web sites as well as at other sites frequented by consumer attorneys and legislators.
d) If you wish to settle this matter, you may fax your offer and the UDF with the deletion request to me. My client may retain an attorney and incur legal fees at any time, no further notice will be provided and I will begin contacting and researching attorneys tomorrow.
You may contact me via e-mail or fax at your convenience.
Very truly yours,
Christine Baker
www.bayhouse.com
www.creditcourt.com
c: (client)
--------------------------------
11/1 - Kevin Willis called Friday afternoon
He said it wasn't true that he stated that they didn't verify with Equifax. Our conversation went something like this:
Me: So you did verify?
Willis: No, we notified them of the dispute.
Me: Oh, so you did NOT verify.
Willis: No, that's not what I said.
... we did that for a bit.
He again declined permission to record. I told him to respond in writing. I had to literally hang up on him, he just wouldn't shut up.
A few minutes later he called again.
Did Willis ever work as a collector? Why doesn't he know the meaning of "do not call?"
Had to hang up on him again after he insisted that he has a "right" to respond by phone. What kind of drugs is HE on?
Unbelievable - but VERY typical for collectors. He is very skilled at intimidating people, and he just can't understand that I couldn't care less! Most people would probably PAY that collection even though it's not theirs - thinking that would raise their scores.
11/1 - "Do NOT call" fax:
-------------------------------
11/1/02
Mr. Willis,
Please do NOT call me again. I stated in my fax below:
"You may contact me via e-mail or fax at your convenience."
You called me twice now and you declined my request for permission to record your calls. I have no interest in wasting more time on your phone calls, please respond in writing and stop harassing me.
My fax # is 571-222-1000 and you may also send e-mail to (deleted.) All communications are subject to publication.
Very truly yours,
Christine Baker
(Had the previous night's call summary attached.)
------------------------------------
I sent a brief e-mail to a Virginia attorney (where my client is) on Friday. He wants to see the documentation.
I believe the CBE headquarters are in Iowa, haven't checked to see where they are incorporated.
What's the urgency?
My client had a $45K business loan called and it's about to go into default. If we can refi his properties and then put a 100% equity line on his house, he can just pay off that loan.
While the collection is reported as disputed, the Beacon STILL lists the collection and the associated RECENT delinquency as the primary reasons for the low 640s score.
My client has NO other derogs
The credit reports are as clean as they come, not a single late payment, lots of excellent mortgage and installment credit and long history.
Equity line interest rates and approval/declines are based on the credit scores.
Is Kevin Willis, CBE VP of Operations a liar?
I think he is. Why else would he not allow me to record? Why did he NOT respond in writing as I requested?
He threatened me with a slander law suit if I published this. Well, Mr. Willis, go ahead.
I think you are a liar.
Please read through this posting and count how many times we contacted CBE, only to be ignored. I think you lied when you stated that you did not receive the 10/7 dispute and you have yet to offer any explanation for CBE's failure to respond to ANYTHING other than my threat of immediate legal action.
Not until MY name was on the faxes and I started threatening with legal action did CBE get back to us.
I also think you lied when you stated that you did NOT verify the account with Equifax. Of course it COULD be that Equifax made a mistake when they verified this account. In that case Equifax needs to be a co-defendant.
I learned a long time ago that when people refuse to put their words in writing, the reason is that they are not speaking the truth. Mr. Willis, you know that Equifax can document when and how you notified them of the dispute.
That's why you refused to put anything in writing.
Therefore, I concluded that you are a liar.
Another incredible coincidence:
On the 24th CBE received my client's settlement offer, on the 25th Equifax reported the dispute.
It's time to ask Equifax what happened.
11/3 - Client dispute fax to Equifax:
"CBE Group (Directv) - I previously disputed this account with you and you VERIFIED the account on October 16, 2002.
a) According to Kevin Willis, VP of Operations, CBE, they did NOT verify this account and instead informed you of my dispute. Please provide your procedures for this investigation so that I can determine who is correct.
b) Please explain when and how CBE notified you of my dispute.
c) While the account is now reported as disputed, I hereby request that you delete the account immediately as it prevents me from refinancing. As per your web site, my credit score did not increase after this collection was reported in dispute."
It's unlikely that we'll get a meaningful answer. Equifax operates like Willis, only interrogatories will get us answers.
What's next?
This posting got WAY too long, and I really tried to keep things brief. I have the recordings of EVERY call I made. While I haven't had time yet to check on where that 319 area code is and what the admissibility of the recordings for litigation is, those calls are admissible at CreditCourt.com :)
So I'll be organizing everything nicely at CreditCourt, all the faxes and calls, I already took the screen shots of the reported account and the Beacon score reasons.
Aside from my client's immediate problems, the following issues need to be addressed for the benefit of all consumers:
1) Why did CBE (as many other collectors) cause a HARD credit score lowering inquiry when they ran the credit in March?
They have an account, they run the credit for the purpose of an account review, and it should be coded as such. My client did NOT apply for credit or employment with CBE.
It has to do with the conspiracy between the creditors, collectors, credit bureaus and Fair Isaac to get as much interest as possible out of honest and hard working people by lowering their credit scores for bizarre reasons such as CBE running my client's credit due to a collection he knows nothing about.
There are NO "coincidences," "errors" or "mistakes" - it's all by design.
2) Why did CBE NOT contact my client prior to reporting?
His address is on the credit report. He hasn't moved in many years. This happens to so many people, as it happened to me. I will ask in MY interrogatories for American Agencies why they kept accessing my credit files and never notified me.
3) Just looking at my client's credit report, you'd think that anyone with an IQ above 50 would be able to conclude that something is WRONG with that collection.
While CBE has not provided ANY documentation for this account, this Directv account could not possibly have been for service at my client's address.
And why would someone with this long and excellent credit history not pay $117? Hello!!????
How about some minimum IQ requirements?
Assuming for a moment that VP Willis is correct when he states that CBE did not violate the FDCPA, THIS case should convince every legislator in the country that the FDCPA needs to be amended to provide EFFECTIVE consumer protection.
If anyone doesn't agree, I'd sure like to read your posting.
4) I'd really like to see the law suit filed and some interrogatories sent to CBE and EQUIFAX about their verification procedures.
The bureaus have NEVER responded to my requests. Just like Willis doesn't want to put in writing that he did NOT verify the account, the bureaus don't want to give consumers anything they can use in legal action against creditors.
5) WHY is this account still included by Fair Isaac for their scores? Fair Isaac should definitely be a codefendant.
I have already asked Mr. Willis some questions, he told me snidely that he doesn't HAVE to answer, we'll have to send him interrogatories. That would be a nice audio clip for CreditCourt.
I've been really busy lately, so it probably will be a few days until I get that new section up at the CreditCourt forum. I'll post the link here once it's ready.
I am closing this thread, but if you have any comments and especially if you had similar experiences with CBE, please start a new thread.
It's highly unlikely that my client was the ONLY consumer who was ignored. After all, it wasn't just once.