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Drewski posted:That template is one that I used. I reworded some stuff but it's a good start. And it worked for me. YMMV Good to know, thanks. I'm planning on sending out certified letters tomorrow; the debts are for $59 and $324, and they're going to be on my report until 2016 & 2014, respectively. Since they're the only negative things on my report right now, I'd really like to just get them wiped off ASAP.
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Apr 11, 2012 23:07
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I had a very uncommon experience. I combined a validation letter with a pay for delete. They stopped contacting me and never responded. A year later I pulled my credit report and it was simply wiped off the report. I guess they didn't have any of the things I requested and figured I wasn't worth the hassle 
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Apr 11, 2012 23:50
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I asked offhandedly in GiP but figure I should ask in a place that is more specialized in the topic: In January and February 2011, the VA erroneously deposited $2400 total iirc ($1200 each month) into my bank account for my housing allowance while I was going to school. Except I wasn’t going to school and I wasn’t enrolled in classes, and I told the VA as much in December. I did not notice these deposits at all, and to top it all off, I was overseas (in Iraq) not getting my mail. My first indication that there was a problem was when my mother received a notice from a law firm stating that my VA account was under collection to the tune of $2400 + some fee for the fact that it was late. After figuring out what had happened (because at first I had no clue), I attempted to argue with the law firm and the VA both. The IRS was also in the mix because the VA hands the deficit account off to them before handing it off to a law firm. All 3 groups pointed fingers at one another, and since all that was going to get waved in the end was the ~$500 “fine” or whatever, and I was again overseas, I just deemed it easier to pay it than to try to unfuck the entire mess (especially since they would only deal with me, and I couldn’t have anyone else handle it). The law firm had assured me that if I did that, there would be no mark on my credit report (blackmail is pretty cool). But when I looked a couple days ago (5+ months after it was settled), there was indeed a mark on my account for an account having gone into collections. Is there anything I can do to remedy this?
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Apr 12, 2012 20:43
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Rrail posted:Stuff You can try and challenge the report on your credit, other folks in this thread are far more versed in this area than I. If you are back state side, you should seek out your county/city Veteran Affairs office. There are special rules and laws for collecting on service members (especially when overseas). They would probably know this area of law or be able to refer you to an attorney in your area who handles veteran issues. Edit: Also your state Attorney General's office might have a special Veteran's office. Another option is to contact your state or federal congressman/congresswoman and senator. They will have someone in their office who's job it is to handle veteran complaints or issues. A call from a congressman's office to the law firm can go a long way. Roger_Mudd fucked around with this message at 21:26 on Apr 12, 2012 |
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Apr 12, 2012 21:23
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That is what I may do, that is an excellent idea. When I was overseas I was no longer in the military, so I can't pursue the veterans protection route, I'd imagine.
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Apr 12, 2012 21:26
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Rrail posted:That is what I may do, that is an excellent idea. When I was overseas I was no longer in the military, so I can't pursue the veterans protection route, I'd imagine. Check to see if you have the law firm's offer in writing as far as leaving your credit alone.
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Apr 12, 2012 21:31
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YeahDavidLeeRoth posted:So I got a response from the collection agency. It's just a print out from the hospital showing the charges and what I've paid. It does show the payment that I most recently paid. This brings the total they show to $929.57. Anyone? I'm not sure how to proceed. Write a letter and dispute the discount that they reapplied? I'm not sure what the next step should be.
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Apr 12, 2012 21:41
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pseudonordic posted:Check to see if you have the law firm's offer in writing as far as leaving your credit alone. I do not. They resolutely refused to have any contact with me by e-mail (except once it was paid). Mail was an impossibility for me, obviously.
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Apr 12, 2012 21:55
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I had LVNV Funding LLC show up on my credit report a few months ago, I disputed and it went away. I honestly don't know what it could have been for, it was totaled for $598. It was basically the only negative thing on my report and was dated for sometime in 2007. I did not make any copy or note of this however. It has reappeared on my account and I am disputing it again right now, same amount of $598 but showing a date of 01/12 as date opened, which is basically re-aging the account? Anyone have experience besides asking them to validate?
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Apr 15, 2012 18:11
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egoslicer posted:I had LVNV Funding LLC show up on my credit report a few months ago, I disputed and it went away. I honestly don't know what it could have been for, it was totaled for $598. It was basically the only negative thing on my report and was dated for sometime in 2007. I did not make any copy or note of this however. Re-aging is a violation of the FCRA. Any consumer attorney in your area would be happy to take this case. If you don't want to go the lawyer route, send them a nice letter demanding that they remove the amount. Inform them that you have proof of them re-aging the account and you'll go to the lawyer unless they remove it in 15 days.
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Apr 16, 2012 02:38
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TheGame posted:Could anyone comment on what happens at this point? I sent the exact form letter posted a few posts above via certified mail. I have the receipt stating that they got it about two months ago. Today I received a form letter saying that they hadn't heard from me, completely ignoring the letter I sent. They want me to call them, which seems like a Bad Idea. I posted this last page but I think it got skimmed over. To sum it up, I sent a certified form letter to the debt collection agency not acknowledging my debt but requesting documentation, etc. I got another letter from them about a month ago, this time more forceful. They didn't make any mention of my contact. I sent them another certified letter telling them that I'd already sent a letter and that I wanted verification of the debt before they contact me again. Today I received another letter, yet more forceful. They don't say anything except 'You owe X amount, pay it now, we're serious.' Still no verification of debt, and still an insistence that they want to work over the phone. Yeah. How long can they contact me without providing evidence or acknowledging my request? This is getting out of hand.
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Apr 16, 2012 23:29
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God I fucking love Diablo 3 gold, it even paid for this shitty title
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So it turns out my credit union has a debt consolidation plan through one of their affiliates. I trust BECU enough, would this be an acceptable alternative to taking out a loan or declaring bankruptcy?
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Apr 16, 2012 23:54
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It can work... it can also totally suck. It depends on the terms, length of payments, interest and all that. Weigh it against the consequences of bankruptcy. At the end of the proposed plan, which would put you in better financial shape? There's no singular right answer. It depends on what you want to do between now and then, how your credit will be reported during the plan, and your debts and income. I'm sure some people come out of consolidation plans just fine and it's the perfect solution. I happen to see a lot of people totally screwed by legit debt consolidation (2 years in and they're still paying the plan costs + back interest with negative credit reporting), and it just delays the inevitable bankruptcy and compounds the consequences.
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Apr 17, 2012 01:53
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TheGame posted:How long can they contact me without providing evidence or acknowledging my request? This is getting out of hand. Some collection agency's play shell games with their address. They'll change the P.O. Box every 6 months, etc. If they've reported it to the credit agencies, challenge it stating that they haven't provided verification in X days (how ever many days from the date they received your first cert. letter). Your letters should also be getting more harsh as well.
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Apr 17, 2012 02:30
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So last year I started getting collection efforts concerning a defaulted private student loan that Citi bank, unbeknownst to me, had sold off to a collector (I made a post about it here, in fact). I mailed them a DV, they sent verification, I sent them a settlement proposal (a really modest one - I was broke as hell and offered $100 monthly payments on a $12,000 debt). Didn't hear from them for months and then it seems it had been transferred to a new agency (though the debt is still owned by the same guarantor) and the cycle continued: sent DV, received verification, sent them virtually the same settlement proposal. No response yet, but it's only been a few days. Just recently I went and checked my credit report (I have no idea why I haven't done it before) and was confused that aside from an inquiry from the collection agencies there is nothing about a defaulted loan; in fact, on all of them the loan, under the Citi bank name, was "Included in Bankruptcy." Hell, Experian specifically says it was "Discharged Through BK Ch 7, 11, or 12..." As I'm typing this I'm realizing I should just call my bankruptcy lawyer about this, but since I've typed this much might as well submit and see what anyone thinks. I want to be optimistic but at the same time I know student loans are supposed to survive bankruptcy (I also have Federal Loans and a Sallie Mae loan that were uneffected by the bankruptcy).
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Apr 20, 2012 11:58
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If it was discharged through your Bankruptcy, they shouldn't be contacting you. Have fun taking them to court. They now owe you a ton of money.
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Apr 20, 2012 14:25
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Now that I've dealt with all the collections agencies and settled with them, I need to repair my credit. What are some strategies to repair my credit? Thanks!
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Apr 22, 2012 06:56
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lizardman posted:I want to be optimistic but at the same time I know student loans are supposed to survive bankruptcy (I also have Federal Loans and a Sallie Mae loan that were uneffected by the bankruptcy). Only student loans that are federally backed survive bankruptcy. If you filled out a FAFSA form to get the loan, it's highly likely to be federally backed. But a purely private loan without federal backing, that happens to be called a "student loan" and used for tuition, can be killed off just like any other debt. It's the hook of federal backing that protects many student loans from being discharged in bankruptcy. Regarding their contact of you, they can probably explain it away as mistake and get away with it. Talk with your attorney about it and see what they think. But don't be too optimistic. You may very well have this debt killed off, but there's probably no money in chasing them down for violating your bankruptcy discharge especially as they've already corrected it.
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Apr 22, 2012 07:13
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woozle wuzzle posted:But a purely private loan without federal backing, that happens to be called a "student loan" and used for tuition, can be killed off just like any other debt. Er, not since 2005 and the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act.
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Apr 22, 2012 08:18
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Holy poo poo, just disputed something and got an email today >>> We have researched the credit account. Account # - NUMBER* The results are: This item has been deleted from the credit file. If you have additional questions about this item please contact: Chase Card Services, P.O.Box 15298, Wilmington DE 19850 Phone: (800) 955-9900 WOW. That was a pretty sizable chargeoff. But that's only from one bureau. How hard is it to go through the others?
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Apr 22, 2012 16:54
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Talking Head posted:Holy poo poo, just disputed something and got an email today You should have disputed them all at once, now when you dispute the others, it may wake them up and it might come back on this report. Usually this type of deletion comes from them not responding.
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Apr 22, 2012 18:50
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woozle wuzzle posted:Only student loans that are federally backed survive bankruptcy. Yeah I'm pretty sure this is wrong. Even private loans are insured by the federal government. There is no escape.
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Apr 22, 2012 19:20
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LorneReams posted:You should have disputed them all at once, now when you dispute the others, it may wake them up and it might come back on this report. The deletion happened after 4 days, so not sure about 'not responding' being a possible reason. Is it possible to have paid-off collections disputed off if you didnt agree to a PFD? Or is it just... there? Talking Head fucked around with this message at 19:34 on Apr 22, 2012 |
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Apr 22, 2012 19:31
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Woodsy Owl posted:Now that I've dealt with all the collections agencies and settled with them, I need to repair my credit. First I would start out by making a personal budget and see how much wiggle room you have on your budget. After that, make a plan for building an emergency fund. The main thing that will screw most people up is not the typical monthly payment, it's a personal emergency - loss of a job, medical, etc. In general though, I wouldn't try to use any "raise your score" gimmicks. If you have a good emergency fund and never pay anything late, it'll start creeping upwards from 3-10 points per month depending on where you're starting. Also I would note that there are entire forums dedicated to this topic, but be careful who you listen to. People who stare at their credit score too often start to get superstitious sometimes.
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Apr 22, 2012 20:37
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lapse just gave some very good advice, to which I'll add: the general principle is how much credit people are willing to extend to you vs. how much of it you've used. In general, if you want to increase your score find a manageable line of credit without monthly/yearly fees and keep it paid off (or don't even use it at all). Agencies will see you have thousands of dollars in credit extended to you that you aren't using and a long history of paying off all your debts, meaning any further credit they extend to you will also likely be paid off in full. The low risk to them and their money makes you a valuable commodity. They will then allow larger and larger balances on their credit cards and will lend money to you at lower and lower rates, and as long as you have the discipline not to use them except responsibly your credit score will continue to rise. This is also why you can paradoxically lower your credit score by paying off a credit card and then closing the account, because that avenue of credit becomes closed to you. Caveat: I haven't ever had to rebuild my credit, but these are the principles I was taught when I first started managing my money and they have served me well.
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Apr 22, 2012 21:01
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woozle wuzzle posted:Only student loans that are federally backed survive bankruptcy. ibntumart posted:Er, not since 2005 and the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act. Roger_Mudd posted:Yeah I'm pretty sure this is wrong. Even private loans are insured by the federal government. There is no escape. Yeah my whole situation is a little confusing. It's still the weekend so I haven't heard from my lawyer yet, but I think the student loan being listed as discharged means either (a) perhaps Citi simply marketed the loan as a "student loan" but for whatever reason it actually wasn't one technically, or (b) it was some kind of mistake. Even if it's reason "b", I'm hoping maybe we can still discourage them from trying to collect on it by making them go through a big hassle to "un-discharge" it, or at the very least buy me some time. I find it odd they haven't tried to correct this on my credit report (and they've made inquiries, so I know that they know what it says).
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Apr 23, 2012 01:26
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I have a company identifying themselves as "ACS" calling me and friends and leaving voicemails telling me they've issued a summons and they need to know how to contact me. This seems hilarious on the surface, but I called my county clerk to be sure, and there's no legal action started against me. I googled them and it looks like everyone says they are a scam and they pull this poo poo all the time. Should I be worried? I was considering calling and asking for a DV, but most sources say they refuse, and won't give their address either. I'm in New York (not the city) if that matters.
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Apr 24, 2012 01:38
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A Fancy Bloke posted:I have a company identifying themselves as "ACS" calling me and friends and leaving voicemails telling me they've issued a summons and they need to know how to contact me. This seems hilarious on the surface, but I called my county clerk to be sure, and there's no legal action started against me. Is this the company? If so this page has their address: http://www.absolutecollection.com/ Send them a DV and also tell them only to contact you in writing.
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Apr 24, 2012 02:34
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That not only sounds like a easy multitude of FDCPA violations, but also possibly illegal? If it were me, I would contact the police about someone trying to scam you, make it a police report, and then you would be almost guaranteed to get maximum damages for each violation. Judges don't look too kindly to police reports of fraud, and the multiple violations X $1000 would be the least of their problems.
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Apr 24, 2012 12:42
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AuntBuck posted:Is this the company? If so this page has their address: http://www.absolutecollection.com/ I'm not sure. There's a couple debt collection agencies named "ACS" on the Internet. I'm kind of torn because everyone says they are a scam, and they also say they absolutely refuse to give an address if asked. They've already called a friend's mother's house several times, told her I have a (supposed) debt, and as I said, told me they issued a non-existent summons. They've broken the law already, and I am afraid all calling them or picking up my phone when they call will just encourage them to continue. And what legal recourse will be effective if they don't identify themselves? Full disclosure, it's entirely possible it's a legit debt, my 20s were crazy and irresponsible. But even so, they are acting like thugs and I need it to stop.
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Apr 24, 2012 13:29
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A Fancy Bloke posted:I'm not sure. There's a couple debt collection agencies named "ACS" on the Internet. These dicks are going to be more annoying than anything. I wouldn't worry about any legal action, they wouldn't have a leg to stand on, so feel free to ignore them. Does this look a little more like them? Sounds like a similar complaint, and this page gives a partial (fake) address: http://www.ripoffreport.com/collection-agency-s/acs-debt-collection/acs-debt-collection-acs-alleg-7e2e9.htm BBB page: http://www.bbb.org/buffalo/business-reviews/collection-agencies/acs-in-buffalo-ny-235964819/
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Apr 24, 2012 13:38
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AuntBuck posted:These dicks are going to be more annoying than anything. I wouldn't worry about any legal action, they wouldn't have a leg to stand on, so feel free to ignore them. Does this look a little more like them? Sounds like a similar complaint, and this page gives a partial (fake) address: Yes, other than the Indian accents part. Both women sounded American.
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Apr 24, 2012 13:41
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A Fancy Bloke posted:Yes, other than the Indian accents part. Both women sounded American. Since they seem to be operating out of Buffalo what I would do is contact the New York State attorney general's office, they will have a form for you to mail in. I think the consumer fraud one is the one you want: http://www.ag.ny.gov/sites/default/files/pdfs/bureaus/consumer_fraud/buffalo_complaint.pdf Main page: http://www.oag.state.ny.us/complaint-forms For a quick response keep it short and sweet, something like: I have a complaint regarding a debt collection company that has been contacting me, family members, and neighbors repeatedly, warning me about a court summons they have issued against me. There is no such summons that I can find. This debt collection company has also refused to send any identifying information, including a dunning letter as required by the FDCPA. They refuse to give a valid address for their business so I cannot send them a debt validation letter. I believe they are operating out of Buffalo, New York. They are listed at the BBB with this address: ACS 101 Main St Buffalo, NY 14203 Phone: (347) 607-3650 Just tack on any other info - phone numbers they've given you, any other threats. The AG's office may get back to you in a few weeks, or they may tell you to complain to the attorney general in your state, but it can't hurt, and may even help get these douchebags shut down.
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Apr 24, 2012 14:00
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I actually live in New York, do at least they can't hand wave me away for being in a different state. Thanks for the advice.
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Apr 24, 2012 14:10
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I have been lurking in this thread for some time. I now need some direction... Heres my story, when I was young(er) and dumb I over drafted some debit cards, with TD Bank, Wachovia, Bank of America. :\ At this time I have sent two validation letters out, one for Bank of America :$169.00, and the other for TD Bank $586.18. The letter that I sent to Bank of America (Collections) 30 days is coming up on the 26th of April. I have already prepared a letter stating that they failed to send me the legally required validation of the debt. The bottom paragraph states that they have 30 days to completely remove the debt from my credit report(s). I will send this on the 26th. My question is that I have heard nothing from them or TD Banks Collection agency. I will go ahead and send these letters, but what will happen if nothing is done, and no response to either letters? Should I send all the copies to all Equifax, Experian, Transunion? Or at this point to I look in to hiring an attorney? Also I have another question... should I look in to paying monthly for a Credit Watch Service where I will be able to keep an eye on my score and/or any collections? I have already ran my credit a few months ago (The yearly free one) but unfortunately I was unable to print them at the time, so I am pretty stuck. If you do suggest that I do this... what company do you recommend? Any help with this is EXTREMELY appreciated, as now that I am a few years older I want to clean up my reports as I am trying to get credit. Thanks in advance!! EDIT: I just answered a phone call from TD Banks Collection Agency (30 days will be May 8th, 2012). I told the representative that I had sent a letter to the company, and was awaiting a letter in return and in that letter it states that there phone calls are considered harassment. The representative agreed to remove my phone number and I explained to her that all contact should be made via mail. She then said that the Collections company ( Enhanced Recovery Company ) does not have ANY information on my debt. Only that they were assigned by TD Bank to collect. She stated that I need to call/ contact TD BankNorth in order to settle the debt. (I made sure to say that I need the debt validated as I don't know where it came from) I somewhere said something along the lines of "When a collection agency purchases a debt..." and she cut me off and said that her company did NOT purchase the debt, and that they were assigned to collect. So, now my NEW question is... Do I need to write a Letter of Validation to TD BankNorth? Also, what does this mean with my other debt validation letter that I sent to the other collections agency? (that the 30 days is coming up on April 26) malcriada fucked around with this message at 17:43 on Apr 24, 2012 |
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Apr 24, 2012 17:12
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The way it should go down is: 1.You send the validation letter (keep dated green card). 2.After 30 days, you dispute with CRA. 3.If they confirm with CRA, they violated. 4.You now send them a letter telling them they violated and that you want them to take proactive measures to remove it from the CRA. 5.You dispute again with CRA, in writing, with a copy of the letter you sent to the company. 6.If the CRA confirms again, you send an intent to sue for at least 3 violations, CC: the CRA. After step three, the debt is a seperate issue, even if it's accurate. They still violated the FDCPA/FCRA and that needs to be resolved first. Every communication with them should be about the violations after this point and their illegal reporting to the CRAs. Success at step 3 is like 50% Success at step 6 is around 85%
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Apr 24, 2012 17:55
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I have a few accounts that are past due, and I've seen some collections letters appearing in the mailbox. It's similar to the above poster, where it's apparently not a company that purchased the debt outright, but a collections company that's working directly for the original creditor and "handling" the debt... at least according to the letters we've received. I don't know if that's all a roundabout way of saying "We bought this debt from the original creditor." Some of these letters I've received in the last 30 days. A couple of them are older than 30 days by now. All of them state that the debt will be assumed as valid if a response isn't sent within 30 days of the receipt of the letter. What should my first step be? DVs and green cards all around? Should I do anything special about the ones that are older than 30 days? Can they legally assume the debt is valid just because I don't respond in 30 days? Should I pay anything towards these accounts right now?
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Apr 24, 2012 18:14
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LorneReams posted:The way it should go down is: Wow thanks for such a quick and detailed response. I did not send the DV's certified mail, I sent them via FEDEX OVERNIGHT WITH ADULT SIGNATURE. This should suffice I am assuming. (?) In my particular situation, I spoke with a CSR from one of the companies I sent a DV to.. she stated that they were assigned the debt, and did not purchase it. Should I send a DV to the issuing bank? Also, all of these are older than 30 days.. did I make a booboo? Can I still fight this? Also, I am willing to pay a percentage that is owed to all the collections / banks as long as they remove the collections from my credit - or put them in good standing. So, should I NOT send my second letter demanding they remove the debts and instead just send a dispute letter along with copies to CRA?
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Apr 24, 2012 19:21
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malcriada posted:In my particular situation, I spoke with a CSR from one of the companies I sent a DV to.. she stated that they were assigned the debt, and did not purchase it. That doesn't make any difference in terms of applicability of the FDCPA, unless these debts are still with the original banks.
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Apr 24, 2012 20:05
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AuntBuck posted:That doesn't make any difference in terms of applicability of the FDCPA, unless these debts are still with the original banks. She made it seem as though they are still with the original bank by saying that though. Should I cover my rear end and send a DV to my original bank?
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Apr 24, 2012 20:23
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