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Jealous Cow posted:Thanks for the help. They went back and updated it making it look like a new CO and its loving me. I haven't so much as paid a bill late in over 4 years and poo poo like this keeps popping up. Did you change your service with Verizon around 2004? Something similar happened to me once with ATT. I had a home phone with them for a long time, then I switched to a new service they were offering (a VOIP service). For some reason, they never billed me for the last month of the old service and they never attached it to the "new" service. A few years later, they try to collect it from me when I had zero idea that I had an overdue bill. To make matters worse, they sent it to a collection agency, and I paid it (like 80 bucks), but they never loving updated it. It's still listed as outstanding and overdue. I tried to dispute it, but they validated and I had trouble getting ahold of the canceled check to prove it was paid, because it was with some random collection agency. At this point, I don't worry about it, because it's not really affecting my score anymore, but I thought this story might be helpful to explain why you have an outstanding bill with a company you still do business with.
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May 3, 2010 16:58
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Pagan posted:File a lawsuit, especially for something so obviously bullshit like a 9 year old trade line. You can file yourself, pro se. Hell, just the threat of one, combined with a well typed formal/legal complaint will get someone's attention and make them think seriously about settling. This a million times over. It's a clear violation to list anything that old. I would think the credit reporting agencies would remove it without need to validate, in fact.
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May 3, 2010 17:00
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Auracounts posted:This a million times over. It's a clear violation to list anything that old. I would think the credit reporting agencies would remove it without need to validate, in fact. Write the reporting agency and say "this debt is over the time limit and you must remove it immediately." Then write the collection agency and say "you can pay me $1,000 now, or $1,000 plus legal fees later, because we both know you completely and utterly broke the law here. You have 30 days to send me a check before I file a civil suit."
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May 3, 2010 18:10
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Pagan posted:Write the reporting agency and say "this debt is over the time limit and you must remove it immediately." Then write the collection agency and say "you can pay me $1,000 now, or $1,000 plus legal fees later, because we both know you completely and utterly broke the law here. You have 30 days to send me a check before I file a civil suit." Are there any specific rules about this? Can you say exactly that without crossing over into blackmail?
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May 3, 2010 18:39
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Ghostnuke posted:Are there any specific rules about this? Can you say exactly that without crossing over into blackmail? Funny you say that as it's exactly the tactics the debt collectors use. Pay us or we will sue you and you will have to pay more.
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May 3, 2010 18:42
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Ghostnuke posted:Are there any specific rules about this? Can you say exactly that without crossing over into blackmail? Ha! No, because they broke the law. They are prohibited from threatening YOU with legal action, unless they intend to do so. That means their lawyer or law firm can say "we're gonna sue," but if some phone rep says it, that's a violation. I've gotten results (not a settlement, but the documents I'd been chasing for 6 months) after sending an Intent to Sue letter, combined with a 9 page legal complaint. I said "I'm going to submit this to the state court on such and such a date. However, to avoid the complications of litigation, I am willing to accept the following from you : Blah, blah, and blah." Another phrase that gets used a lot is "I will seek all legal remedy for your violations of the law." My case was much more tenuous than this one, though. A 9 year old trade line is completely against the law in every possible way, and the laws involved are what are called strict liability. There is no defense for breaking them. It's kind of like drunk driving; if you're caught doing it, you're busted, and there's nothing you can say that makes it okay. You're entitled to $1,000 per violation, and if the judge considers it a willful violation, you're also entitled to any and all court or legal fees you've incurred. If it was me, I'd send them a short letter, I probably wouldn't even bother with typing up the complaint yet. Just list the laws they've broken, explain that you know your rights, and you will be filing in court. However, they can avoid the additional expenses involved by paying only the fines right now, or they can pay both the fines and court costs later.
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May 3, 2010 18:46
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Pagan posted:Ha! No, because they broke the law. They are prohibited from threatening YOU with legal action, unless they intend to do so. That means their lawyer or law firm can say "we're gonna sue," but if some phone rep says it, that's a violation. If he sends out such a letter, how does one then go about suing the collection agency? Do you file charges in a local small claims court or what?
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May 3, 2010 19:55
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Iron Squid posted:If he sends out such a letter, how does one then go about suing the collection agency? Do you file charges in a local small claims court or what? The law itself will provide guidance, but since these are Federal violations, I am going to go out on a limb and suggest federal court. FYI - a TON of attorneys do these types of claims on a contingency basis these days. With the increase in collections, and the relatively easy prosecution of these types of cases, plaintiff's attorneys have been trending towards these kinds of cases. If anyone here has multitudes of claims against multiple agencies, it might be worth seeking out legal assistance. They do all the work, pay the up front Court fees, take a small portion of the money, and you walk away with the rest.
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May 3, 2010 19:58
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Iron Squid posted:If he sends out such a letter, how does one then go about suing the collection agency? Do you file charges in a local small claims court or what? I would file in your state court. State courts can handle these cases, and many states give additional protections above and beyond federal laws.
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May 3, 2010 20:01
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I've personally never had to go beyond small claims. You file, it's like $50 plus service. Once they realize that they either need to travel half a country away to defend something that they are probably guilty of, or pay a local attorney to take care of it for them (with no gurantee of success mind you), I've had them roll over and pay me AND fix the problem that I filed suit for in the first place. One never showed up so I attached a lien on his business for like 2K. That was funny.
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May 3, 2010 20:09
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Thanks for the support guys. I can't dispute it off because they've reaged it. They changed the age from 2001 (the year I stopped paying) to 2004 (the year it changed hands). I'm going to DV them and ask that they show explicit and complete history showing that I made payment in 2004, and if they can't do that to remove the tradeline immediately.
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May 4, 2010 00:10
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Jealous Cow posted:Thanks for the support guys. I can't dispute it off because they've reaged it. They changed the age from 2001 (the year I stopped paying) to 2004 (the year it changed hands). I'm going to DV them and ask that they show explicit and complete history showing that I made payment in 2004, and if they can't do that to remove the tradeline immediately. If I'm not very much mistaken, or unless the law has changed, they can't re-age it just because it changed hands. Definitely send a threat letter. Maybe even have papers ready to file. That's some straight bullshit right there.
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May 4, 2010 00:32
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Auracounts posted:If I'm not very much mistaken, or unless the law has changed, they can't re-age it just because it changed hands. Definitely send a threat letter. Maybe even have papers ready to file. That's some straight bullshit right there. This is 100% correct. It must be aged based on YOUR activity, not theirs. Skip validation and send the threat letter, and get some paperwork ready in case they call your bluff.
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May 4, 2010 00:52
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Auracounts posted:If I'm not very much mistaken, or unless the law has changed, they can't re-age it just because it changed hands. Definitely send a threat letter. Maybe even have papers ready to file. That's some straight bullshit right there. And keep a copy of the credit report that shows the re-age. That's a violation. It's the violation that pays twice, it's counted as both inaccurate info and reaging for two times the fun (damages).
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May 4, 2010 01:20
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LorneReams posted:I've had them roll over and pay me AND fix the problem that I filed suit for in the first place. One never showed up so I attached a lien on his business for like 2K. That was funny. Tell us the story.
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May 4, 2010 02:57
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dvgrhl posted:Tell us the story. I wouldn't be surprised if that story (like a lot of mine) ended with a NDA. Jealous Cow posted:Thanks for the support guys. I can't dispute it off because they've reaged it. They changed the age from 2001 (the year I stopped paying) to 2004 (the year it changed hands). I'm going to DV them and ask that they show explicit and complete history showing that I made payment in 2004, and if they can't do that to remove the tradeline immediately. As said, if they're re-aging, you need to add in the threat of a lawsuit. Re-aged debt is one of the biggest slam dunks in small claims so you may be getting a nice settlement check from this. Auracounts posted:The law itself will provide guidance, but since these are Federal violations, I am going to go out on a limb and suggest federal court. Don't sue in Federal court unless a lot of criteria are met (mostly due to arbitration cases, massive claims, etc.) Small claims should be more than able to handle the issue, and most counties are very helpful to pro se litigants on both sides. In my county, it costs ~$300 to file the suit plus the cost of the process server on the defendant (and if you're poor, you can get a means waiver for it or defer payment until after the suit, where you can roll costs into the amount owed if you win.) Best part is, since they're a corporation, you can sue in your home county. They need to sue where you are, but you don't. Not many of these suits go to trial, though, but filing shows you're serious and gets them to the settlement table very quickly. You can get legal help if you want (and if you find someone to do it on contingency, great) but usually you can handle it pro se no problem.
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May 4, 2010 08:44
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CubsWoo posted:I wouldn't be surprised if that story (like a lot of mine) ended with a NDA. Yes, and a liquidated damages provision which means if they gently caress up again, they have to pay quite a bit of money (high five figures). It's funny, they fought putting it in, and when I questioned them in front of the magistrate why they would worry about it since they are swearing up and down it won't happen again, the magistrate actually laughed and said yeah, what's the problem, I have your signed gaurantee that this will be fixed, you aren't lying to me are you? That ended that quick.
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May 4, 2010 12:25
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OK, I have decided against bankruptcy for a number of reasons. So the approach I'm going to take is this: (1) write letter to each individual CRA disputing each debt on their report. Will this work in terms of them being required to check into everything, or do I need to send an individual letter for each trade line? Most of my debts have been sold multiple times, so I have the feeling that many of them will not be able to validate, but I don't know if the CRA has to take seriously a letter that says "None of this poo poo is valid" even if I line-item each thing and have different reasons for disputing each item. How long should I wait to see from the CRA, BTW? I know the CA has 30 days to respond, but how long does it take to see the update on your report? (2) anything that gets validated to the CRA I will do a pay-for-delete offer in writing. (3) ad-lib based on what those CAs do, probably with help from this thread and the creditboards website. Does this seem reasonable? Should I do these in a different order?
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May 5, 2010 17:39
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Oh! I was starting in on stuff and I realized that I have no idea how to play this particular issue: I have three different names! I was married, so some of the reporting is done in that name (the credit report actually gets pulled in that name right now). I then switched to my maiden name, so a few things are in that name. Then I got remarried, and my new name appears on none of the credit collection stuff because I've been paying everything current for the past two years or so. So. Do I send the letters from the name that's on the credit report, the name that the creditors have, or my current name? I don't want to give them info they don't already have (my new name) but I also don't want them saying it's not legally binding because I didn't use my actual current name or some poo poo like that. Any insight?
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May 6, 2010 01:17
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So what's the story with debt that doesn't show up on credit reports yet I'm getting dunning letters? It's an old account that my mother set up in my name from Fingerhut. It doesn't show up on any of my credit reports but I get the "you owe $300 but pay us $188" letters. Should I ask them to validate or just let it go because it's nt on my reports?
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May 6, 2010 14:31
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bear is driving! posted:So what's the story with debt that doesn't show up on credit reports yet I'm getting dunning letters? It's an old account that my mother set up in my name from Fingerhut. It doesn't show up on any of my credit reports but I get the "you owe $300 but pay us $188" letters. Should I ask them to validate or just let it go because it's nt on my reports? You want to validate everything because it will keep a small problem from becoming a big problem later. Two years from now when you get sued for the debt, you can show that they never verified, and then they are hosed. It's better to nip it in the bud. It also makes the OC look very bad when you have 5 different agencies fail to verify. The OC will sometimes pressure the agencies to leave you alone, or in the most severe cases, repurchase the debt to avoid these types of issues.
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May 6, 2010 14:41
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LorneReams posted:You want to validate everything because it will keep a small problem from becoming a big problem later. Two years from now when you get sued for the debt, you can show that they never verified, and then they are hosed. It's better to nip it in the bud. It also makes the OC look very bad when you have 5 different agencies fail to verify. The OC will sometimes pressure the agencies to leave you alone, or in the most severe cases, repurchase the debt to avoid these types of issues. There's this, but he also says it's an old debt. How old, exactly? Old enough to have already fallen off your credit reports?
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May 6, 2010 14:56
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Auracounts posted:There's this, but he also says it's an old debt. How old, exactly? Old enough to have already fallen off your credit reports? You can be sued for a time barred debt and if you don't defend youself, you could get a judgment against you. Doing nothing is ALWAYS a bad idea. I've seen it so often that people ignore summons and notices because "dude, it was like 30 years ago" and then all of a sudden, they get a notice of wage garnishment.
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May 6, 2010 15:06
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LorneReams posted:You can be sued for a time barred debt and if you don't defend youself, you could get a judgment against you. Doing nothing is ALWAYS a bad idea. I've seen it so often that people ignore summons and notices because "dude, it was like 30 years ago" and then all of a sudden, they get a notice of wage garnishment. Good point, and I wasn't trying to suggest he ignore the problem, so much as offering an explanation for why it might not be on his credit reports.
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May 6, 2010 15:12
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Auracounts posted:There's this, but he also says it's an old debt. How old, exactly? Old enough to have already fallen off your credit reports? Yeah, it's not on my reports as of three weeks ago. I will send them a demand for verification and see what they say. Its almost certainly time barred anyway as this was from when I was a kid (I'm 28 now).
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May 6, 2010 16:29
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Got my first validation letter back today. Turns out one of the accounts WAS mine, oops. So now I'm into the pay for delete stage. My question is, what is the proper way to negotiate it? CubsWoo, in your own example letter you say, quote:These settlement terms are not flexible. Please do not contact me with questions about these terms; do not send any further verbal, electronic, or written correspondence to me beyond a letter either accepting or rejecting these terms. How can they barter for an agreement if they are not allowed to respond?
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May 6, 2010 21:09
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Ghostnuke posted:Got my first validation letter back today. Turns out one of the accounts WAS mine, oops. If they respond with a refusal they will most likely tell you why. It's then up to you to make another offer or cease communications.
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May 7, 2010 00:29
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Ghostnuke posted:Got my first validation letter back today. Turns out one of the accounts WAS mine, oops. You don't need to include that, and even if you do they usually ignore it anyway. If you're not feeling like playing hardball, just omit that line (but don't say outright you're open to negotiation either.) I include that line mostly in final offers or otherwise obstinate collectors that have already refused to delete.
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May 7, 2010 03:41
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So I got delivered a court summons this morning. Its for a debt that I knew existed but rather than deal with the fact that I couldn't pay it, I stupidly just ignored it until I'd be able to pay it. Now I got a scary letter saying me or my attorney need to file a written answer with the Clerk by 10am on the Monday following 10 days after today, or risk default judgment. The amount being asked for is $2743.73 on a card that's about 6 years old. I'm fairly sure that amount is close to accurate. They're also asking for $1360.61 in "post charge-off accrued interest" which is new to me because the account has been closed forever and this has been in collections for a while. Says its continuing to accrue interest at 23.9%. They're also asking for court fees "of at least $1025.94 or as otherwise awarded by the Court." So where do I go from here? I never thought it would come to this, but I guess this is what I get for not dealing with this crap.
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May 7, 2010 18:24
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tuckfard posted:So I got delivered a court summons this morning. Its for a debt that I knew existed but rather than deal with the fact that I couldn't pay it, I stupidly just ignored it until I'd be able to pay it. Now I got a scary letter saying me or my attorney need to file a written answer with the Clerk by 10am on the Monday following 10 days after today, or risk default judgment. What state are you in? Depending on the state, 6 years could be past the legal Statute of Limitations.
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May 7, 2010 18:41
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IceWolfe24 posted:What state are you in? Depending on the state, 6 years could be past the legal Statute of Limitations. Texas, which I'm pretty sure is 7. Well this says 4: http://www.fair-debt-collection.com/sol-by-state.html#44 I'm pretty positive I haven't made any sort of payment on this in at least 4 or 5 years. How would I go about confirming/proving this? tuckfard fucked around with this message at 19:37 on May 7, 2010 |
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May 7, 2010 19:34
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tuckfard posted:Texas, which I'm pretty sure is 7. The fact that they are suing at 6 years would leave me to beleive that it's 7. They usually only file suit without contact if it's near the SOL.
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May 7, 2010 19:36
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Here's what I cobbled together in case anyone else wants to use it.quote:To Whom It May Concern:
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May 7, 2010 19:49
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tuckfard posted:Texas, which I'm pretty sure is 7. The judge knows the law. All you have to do is dispute it and they will have to provide some sort of proof that the SOL hasn't expired. If it's older than 4 years, they won't be able to. Plus, Texas is one of the great states that doesn't allow wage garnishment for most debts. http://www.fair-debt-collection.com/state-wage-garnishments.html#44
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May 8, 2010 00:32
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tuckfard posted:So I got delivered a court summons this morning. Its for a debt that I knew existed but rather than deal with the fact that I couldn't pay it, I stupidly just ignored it until I'd be able to pay it. Now I got a scary letter saying me or my attorney need to file a written answer with the Clerk by 10am on the Monday following 10 days after today, or risk default judgment. First thing: Get started on an answer. Check one of the debt-focused forums for advice (I'll c/p some of it later) but no matter what make sure you file an answer. Second: Check your financial records and see if you've made a payment in the last 4 years. If you haven't, and you live in Texas, congrats you win - the debt is now time-barred. Include that in your answer. In many small claims cases the judge will force the creditor to prove the debt isn't time-barred, not the other way around. You can move for a countersuit if it is time-barred but let's get rid of this suit first. What else was included with the summons? An affidavit? Records of the card? Anything?
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May 8, 2010 00:51
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CubsWoo posted:First thing: Get started on an answer. Check one of the debt-focused forums for advice (I'll c/p some of it later) but no matter what make sure you file an answer. Absolutely assert in your answer that it's barred by the statute of limitations (even if you aren't currently sure). I don't know Texas Court rules, but in my state, failure to assert an affirmative defense in the answer, or within a certain time period, essentially constitutes a waiver of that defense.
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May 8, 2010 01:06
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Auracounts posted:Absolutely assert in your answer that it's barred by the statute of limitations (even if you aren't currently sure). I don't know Texas Court rules, but in my state, failure to assert an affirmative defense in the answer, or within a certain time period, essentially constitutes a waiver of that defense. Yes! Affirmative defenses need to be answered. I would also counter-sue as usually you can get out of the filing fee to piggyback on their docket number.
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May 8, 2010 03:01
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I received an answer for the PFD I sent to the major ding on my credit report, a charge off on an old auto loan. The letter reads something like: "We received your certified letter, in order to fully respond we need your TIB Loan Number (I don't have that, only the account number on my Experian report) Last 4 of your social security number Your signature These items are necessary in order to verify your identity and respond to your letter accurately with a desirable outcome for all parties." They give me an address and a phone number after that. What should I do? My PFD offer had a DV clause in it, and this letter does nothing for me. My first inclination is to tell them to gently caress off and verify or delete, if they are reporting the debt to the credit bureau's then they should have all that info already. I'm thinking that I respond with a letter giving the last four of my social and explaining to them that if they have enough info to report to experian then they don't need anything else. Manxome Foe fucked around with this message at 16:00 on May 8, 2010 |
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May 8, 2010 15:56
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bear is driving! posted:I received an answer for the PFD I sent to the major ding on my credit report, a charge off on an old auto loan. The letter reads something like: I think your first instinct is correct, reply with something like : "The only information I have is the information on my Experian credit report, which I have already provided. You have 30 days from the original letter to validate this debt, or you will be in violation of the FCRA. I will seek all legal remedies for your failure to comply."
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May 8, 2010 17:20
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CubsWoo posted:First thing: Get started on an answer. Check one of the debt-focused forums for advice (I'll c/p some of it later) but no matter what make sure you file an answer. Included is the summons, the "Plaintiff's Original Petition and Request for Admissions" which is about 5 pages, and a yellow card with contact information of the attorney saying "you can still settle this matter and avoid going to court!" The company is CACH, LLC if that matters.
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May 8, 2010 18:16
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