• Report: #264735

Complaint Review: Pinnacle Credit Services

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  • Submitted: Thu, August 02, 2007
  • Updated: Fri, August 24, 2007

  • Reported By:Denham Springs Louisiana
Pinnacle Credit Services
PO Box 640 Hopkins, Minnesota U.S.A.

Pinnacle Credit Services served with 2 citations of suit, refuses to validate debt, SOL expired, Reporting debt as Installment on my C.File ripoff Hopkins Minnesota

*Author of original report: update

*Consumer Suggestion: Your State Bar Association

*Author of original report: What about the Attorney's office who suied me

*Consumer Suggestion: There are FCDPA AND FCRA violations, among other things

*Consumer Comment: "Bayougirl" in Louana, Huh? Well..., you should be qualified to deal with nasty critters....

*Author of original report: UPDate

*Consumer Suggestion: Get a lawyer alright, but not for the reasons they told you.

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Pinnacle Credit Services has filed two fraudulent civil lawsuits against me in two different parishes/counties with in one month for the same fraudulent account. I have filed my answer with both courts of denial (I have all documentation) FACTS:

I knew nothing of Pinnacle Credit Services until I was served this citation that I was being sued for something I knew nothing of before being served these citations of suit on 6/2007. The first suit stated I lived in Houma, Louisiana NOTE: A place I have never lived nor even visited, however I filed my answer with this court (over a hundred miles away) The following week they filed another suit against me in my parish/county and again I filed my answer with the court of denial. This is a violation of the law.

I called this Pinnacle Credit Services, who would not give me any information and referred me to a company they claimed was handling this debt. I spoke with them who told me to get in touch with the attorney who was now handling this. I asked this debt be validated and none of three would do so. A lady at the Attorney Office informed me it was a Providian Credit Card that I never paid.

I called Providian who informed me this account had a zero balance and had knowledge of Pinnacle Credit Services LLC. I also had this company run my SS # and still they could not find anything I owed them. This is a violation of the FDCPA

I have filed complaints against Pinnacle Credit Services with the Federal Trade Commission and my State Attorney Generals office as well. I sent Pinnacle Credit Services a certified letter requesting that they validate this alleged debt. (I have a signed return receipt from them) They have not done this. This is another violation of the FDCPA

Pinnacle Credit Service LLC is a Debt Collection Agency/Company who is committing FRAUD by reporting on my credit file this alleged debt is an Installment Loan with a revolving balance. This is a serious violation of the law and I have proof of this. I have filed disputes with the credit bureaus and placed a fraud alert on my credit file due to this debt collectors failure to follow the law.

I was informed by Equifax that Pinnacle Credit Service never answered the dispute I filed with them so it was removed from that credit file, however today I was informed by TransUnion they verified that it was accurate, but changed the balance by adding 300 dollars and continued reporting it as a derogatory. This is listed as Loan Type: Factoring Company Account that Pinnacle Credit Services has placed for collections?? (This is straight out FRAUD) This is a collections account and I can prove this if needed.

According to the my state civil laws, My Attorney General, The Federal Trade Commission Pinnacle Credit Services is in serious violation of the FDCPA by failing to stop collection activities when receiving my certified letter requesting this debt be validated, when they continued to report it on my TransUnion Credit Report, nor did they add a statement that I disputed this debt with them. (This is in violation of the FDCPA)

They are committing Fraud by reporting this alleged debt that they purchased as a INSTALLMENT ACCOUNT on my TransUnion Credit Report. Facts: Pinnacle Credit Services buys debt that the SOL has expired on and changes the Date of Last Activity(This is how they do it)They report this account as an Installment Account on a consumers credit report for a few months without their knowledge, (They never send the consumer anything) then report it as a charge off (Illegal) after adding penalties and interest, late fees and running up the balance to an unbelievable amount within a few months, then they report it as a account they have charged off to collections, then the second party comes into play acting as the collector (in my case Trak America) then after a couple of months sends the account to an Attorney who files a law suit against the consumer who is served a citation out of the blue they are being sued for something they have no knowledge of at all which states they have only ten days to file their answer/legal pending with the court or the Plaintiff wins by default.

Bayougirl
Denham Springs, Louisiana
U.S.A.

This report was posted on Ripoff Report on 08/02/2007 05:28 AM and is a permanent record located here: http://www.ripoffreport.com/r/Pinnacle-Credit-Services/Hopkins-Minnesota-55343-0640/Pinnacle-Credit-Services-served-with-2-citations-of-suit-refuses-to-validate-debt-SOL-ex-264735. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Author of original report

update

AUTHOR: Bayougirl - (U.S.A.)

Anyone know if Truelogic is connected with Pinnacle. Someone from Truelogic pulled a hard copy on my credit file.
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#2 Consumer Suggestion

Your State Bar Association

AUTHOR: Robert - (U.S.A.)

When complaining about an attorney, your State Bar Association is a good place to start.

I would engage an attorney as I recommended to you in my suggestion, and let your attorney deal with the offending attorneys.

Good Luck.
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#3 Author of original report

What about the Attorney's office who suied me

AUTHOR: Bayougirl - (U.S.A.)

Anyone know if I should file complaints against the attorneys office who filed these suits agsinst me as well, and any advice with who?
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#4 Consumer Suggestion

There are FCDPA AND FCRA violations, among other things

AUTHOR: Tim - (U.S.A.)

Actually, you likely have a slew of actions available against them, assuming that your report is accurate.

First, you need a lawyer. Let me get that out of the way before I start spouting off my own legal analysis. I am a lawyer, and I fight these types of cases all the time, but I am not licensed in your state, so don't take what I say as competent legal advice.

The first thing you will need to do is take care of the procedural matter of them suing you in two different venues for the same claim. The likely route for this would be to file a motion to dismiss in one of the venues based on the fact that an identical claim has been filed in the other. Use the Complaint from the second venue as "Exhibit A" to show this.

Second, even as you stated that you already filed an answer in both matters, you will want to file an amended answer in the second. This Answer should do the following:

1) Deny that you owe any money to any of these parties. (That's the actual "Answer" part).

2) Set forth the affirmative statute of limitations defense.

3) Assert a counter-claim against Pinnacle for their various FDCPA AND FCRA violations, as well as libel. Falsely reporting that someone owes a debt, where such reporting causes injury to the reportee (i.e. a lowered credit score) constitutes libel in most states.

4) Ask for sanctions against Pinnacle and their attorney for filing the same claim in two different venues.

5) Implead Transunion and assert an FCRA violation claim against them. ("Implead" means to bring a new party into an existing lawsuit).

6) Ask for a declaratory judgment to the effect that this debt is invalid and must be removed from your credit report.

And all of that is just to get the ball rolling. After you file the answer, your attorney will likely move for summary judgment (or whatever they call it in your state) on a number of these counts. All you will need to prove that you are entitled to summary judgment is an affidavit from the original creditor stating that you didn't owe them any money when the case was filed.

If your report is accurate, you are likely entitled to a fairly significant amount of damages, and the FCRA and FDCPA both provide for attorney's fees (in other words, the other side has to pay for your lawyer).

You are correct in your assertion that they are planning on getting a default judgment out of you. Most people who are sued in collections actions fail to answer and/or appear and are defaulted. Don't be one of those people. Get yourself a lawyer who is experienced in the FDCPA and FCRA and stick it to these scam artists.

Best of luck!
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#5 Consumer Comment

"Bayougirl" in Louana, Huh? Well..., you should be qualified to deal with nasty critters....

AUTHOR: Thomas - (U.S.A.)

Some new hides nailed onto you huntin-camp walls would be good. Especially if they are the yellow-striped skunk and the spotted weasel.
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#6 Author of original report

UPDate

AUTHOR: Bayougirl - (U.S.A.)

Correction, Pinnacle Credit is in violation of the FCRA (Not the FDCPA as I stated)
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#7 Consumer Suggestion

Get a lawyer alright, but not for the reasons they told you.

AUTHOR: Robert - (U.S.A.)

Based on your report I would get a lawyer, but not for the reason they told you.

I would get a lawyer to sue THEM!

As far as reporting to the credit bureaus goes, they are violating the Fair Credit Reporting Act (not the FDCPA.)

I would also consider going to your county DA's office and file criminal fraud charges against them.

Good luck.
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