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Is there a way to see my credit score without some website trying to get me to sign up for some pay per month bullshit? 
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Jul 14, 2012 00:05
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-Troika- posted:Is there a way to see my credit score without some website trying to get me to sign up for some pay per month bullshit? For US citizens, annualcreditreport.com will give you access to the three major credit rating agencies. You can see your reports but they won't tell you your numerical score. Gotta pay for that.
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Jul 14, 2012 03:25
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edit : dates may be off The Extrapolator fucked around with this message at 15:27 on Aug 24, 2012 |
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Jul 14, 2012 07:26
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Well, this is an interesting development. As I said earlier, I sent verification requests to both collection agencies that contacted me. I got nothing back...until today. The original creditor for one of the accounts sent me a package of all of my statements for the entire time I had the card (all the way back to 2007; impressive) and a copy of my signed agreement. The accompanying letter, direct from the creditor, essentially said "pay all of this, and pay it now." Interestingly it says nothing about what will happen if I don't, but maybe they aren't allowed to threaten? Even more interesting, it describes my request for verification as a "dispute of liability," which is inaccurate considering that I specifically said in the verification letter that I was not refusing to pay. There is no mention whatsoever of the collection agency in the letter. I'm confused, to say the least. So, uh...wtf? (also, it's amusing that they didn't send this certified)
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Jul 14, 2012 23:50
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Dealing with the original creditor is a different ballgame than dealing with 3rd party debt collectors. If they went through the effort to send you that big stack of stuff thats a bad sign in my opinion. I don't know what state you are in, but if I were in your position I would start thinking about negotiating and taking care of this. Especially if I was in a state unfriendly to debtors (high garnishment amounts, long statute of limitations) If they get to the point where they sue you they'll be going after the full amount plus fees on their judgement and they will start garnishing your wages if they win. Getting in front of it you might be able to negotiate 50 cents on the dollar or something and setup a payment plan on your terms instead of getting garnished at the state's rate. Standard disclaimer applies. Not a lawyer, no idea what state laws are applicable to you blah blah blah
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Jul 15, 2012 02:39
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skipdogg posted:Dealing with the original creditor is a different ballgame than dealing with 3rd party debt collectors. Skipdogg is right, they just need one more piece of evidence to win at trial or a summary judgement hearing (a business record affidavit). Who's the original creditor? Cap One?
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Jul 15, 2012 02:47
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Powdered Toast Man posted:Well, this is an interesting development. This is what I was trying to tell you when I said the debt was likely assigned, not sold. The assigned collector kicked it back to the creditor (who still owned it) for followup as soon as you said "not mine." Asking for verification is disputing liability; you're saying the debt isn't yours and you shouldn't have to pay. Disputing a newly charged-off account is dangerous, they usually have their ducks in a row and sometimes you get more attention if they think your validation request was spurious.
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Jul 15, 2012 02:58
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-Troika- posted:Is there a way to see my credit score without some website trying to get me to sign up for some pay per month bullshit? To see your credit score you'll need to pay, I've used Quizzle.com in the past and it cost $7.
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Jul 15, 2012 06:28
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Roger_Mudd posted:Skipdogg is right, they just need one more piece of evidence to win at trial or a summary judgement hearing (a business record affidavit). Discover. They were the most diligent about calling me several times a day when I wasn't paying. Here's the thing, though. I tried negotiating with them. They offered a lower settlement but the terms were unacceptable (a few large payments that I don't have the ability to pay). They wouldn't budge on that. They didn't care why I wasn't originally able to pay (disability, reduced income due to that) and even when I was in a position to make the minimum payments again they wouldn't back off on the penalty rate and the missed payments. They don't give a gently caress about me or my circumstances, they're just loving greedy at this point. As I said already I figured out that based on my charges to the account and my payments I've already paid off the principal long ago and I haven't touched the card in 2+ years. I'm understandably reluctant to pay over $6,000 to them for...essentially nothing. My credit is already wrecked. They can't reasonably expect anyone to just cough up that amount of cash in 30 days, anyway. What are they likely to do if I ignore this? Sell it to an agency for real this time? Sue me? I obviously don't have the money so what am I supposed to do, write them a letter begging for mercy?
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Jul 15, 2012 18:09
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Once again, not a lawyer, but Discover seems to be on the ball about this. I would say ignoring this would lead to a lawsuit which they will win for the full amount, a judgement against you, and wage garnishment. Then you get to involuntarily pay it. If you're hellbent about not paying this you should consult a bankruptcy lawyer. If your credit is already trashed and you have a significant amount of debt you should just Chapter 7 if your eligible.
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Jul 15, 2012 20:59
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Powdered Toast Man posted:What are they likely to do if I ignore this? Sell it to an agency for real this time? Sue me? I obviously don't have the money so what am I supposed to do, write them a letter begging for mercy? Discover's another tough one. Your state collection laws will probably determine what they do next. If you have assets they can take (wages, bank accounts, property) they'll probably sue you. If you don't have assets they can take, they might sue you. One option is save the money you could realistically pay Discover until they sue. When they finally sue you it could be a year from now and you'd have some cash saved for either bankruptcy or a settlement. Even if you go to trial and lose, Bankruptcy is still option(doesn't sound like you have many assets or a high income). You could file it yourself but you'd probably mess it up. Take the payments you saved up and use it to pay an attorney.
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Jul 15, 2012 21:03
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I have no assets. My wife and I rent an apartment, we make decent money but not enough to make up for this, we do not have any savings due to recent unexpected medical and other expenses (although at least we didn't incur further debt). I've been avoiding bankruptcy because 7 years is a long time and we aren't likely to ever be able to get a mortgage based on my wife's credit and income alone. I guess I have a bad attitude about paying them back anything at all but it's really their fault for treating me like I was a criminal just because I became disabled for a while and had significantly reduced income. At the time I had to choose between stuff like rent, electricity, food, and paying high minimum payments on two credit cards I was no longer using, and would be paying off forever at those payment levels. Maybe it's just me but I feel like giving someone unsecured credit in increasingly larger amounts without the person asking for it (my limits got raised over and over without requesting them to do so) is a risk that the card issuer should have to deal with the consequences of. That's why it's called unsecured credit. What about this: I send them a letter stating that I do not have the ability to pay, and certainly not in a lump sum. I show that I have no assets (not exactly sure how to do that) and possibly also give them a breakdown of my household income vs expenses (I did that with them last year when I went on disability; in spite of my reduced income they refused to reduce my payments or temporarily suspend them). I make an offer to settle for delete/paid in full status, preferably in installments (and of course with a written agreement) that will save them the time and expense of taking me to court. FYI, I live in Georgia and I checked up on it: the SOL is 4 years on revolving/credit card accounts. Garnishment is typically 25%. I'm sorta hosed either way here because if I settle for a lower amount I'll have to pay 1099-C tax on the forgiven amount, which I can't really afford, either. I guess bankruptcy might be the best option at my disposal. Edit: gently caress that, I just went through the BAPCPA Means Test for my state and I passed by a wide margin. Welp, time to get a lawyer. Powdered Toast Man fucked around with this message at 05:59 on Jul 16, 2012 |
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Jul 16, 2012 05:20
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Powdered Toast Man posted:
I was in a similar situation with a card company. I got it when I was in college, no job whatsoever for $2k. After getting out, it slowly went up until it was 27k. I was stupid and kept using it. Because of health issues, I couldn't work and realized I was in trouble. I tried calling when I knew I couldn't pay the amount they wanted anymore, I think it was around 700$ a month, which was double what my bills were. I asked to lower payments or do something so I could keep paying them. They said there was nothing they could do until I was several payments behind. After 2 months, my minimum payment was $4k. I looked around for a while, and finally found an attorney who could handle a bankruptcy case for I believe $600. He actually went a good bit lower than even the cheapest he usually charges since I showed him my income/expenses, and the fact that it would take about 4 months to pay him due to my current income. Eventually all that was solved.
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Jul 16, 2012 07:09
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Powdered Toast Man posted:I've been avoiding bankruptcy because 7 years is a long time and we aren't likely to ever be able to get a mortgage based on my wife's credit and income alone. There's no longer a 7 years thing. It's both longer and shorter. It was upped from 7 to 10, meaning a bankruptcy remains on your credit report for 10 years now instead of 7. However the impact is far different: it's not a 10 year death sentence. Each company will have its own internal rules, but an average wait might be 3 years to start qualifying for most home financing. Vehicles and credit cards might be 20 seconds to a year or so. Life after bankruptcy is WAY different than it was a decade ago. There are an exponential number of people filing, plus companies are far more desperate to sell homes/cars. The result is a standard that looks more at your credit score and income, with banktuptcy being less of a factor as time goes on. It's very realistic to have a 4 year gameplan to buy a home after a bankruptcy with a joint application.
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Jul 16, 2012 14:00
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PTM, Chapter 7 BK isn't a big deal anymore..with the down economy many folks are having to do it. After 2 years of positive credit you can get an FHA housing loan at the exact same interest rate as someone without a BK on their record. Honestly people are less of a credit risk post BK because they can't file again and have hopefully learned their lesson. The day after your discharge goes through expect a dozen credit card offers in the mail and about 4 new car offers from different dealerships. Interest rates will be high, but there is plenty of credit out there after a BK, including mortgages. A local lawyer should be able to do a cut and dry Chapter 7 for about 1,000 bucks including filing fees.
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Jul 16, 2012 16:27
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I read this thread when it was first posted, but haven't been following it for the last 1000 posts or so. Is the info in the OP still largely correct? My girlfriend has an unpaid medical bill that she is starting to get harassed about from a collection agency and I want to make sure I'm correct on any advice I give her. I doubt it will go the route of noting violations and counter-suing, but I want to be certain that if she pays it she will be getting the most for her money in terms of credit boosts and such.
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Jul 16, 2012 22:27
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skipdogg posted:PTM, This makes me feel a lot better. I had assumed it was financial suicide. I do actually know a good bankruptcy lawyer in my area so I'm going to check into it with him.
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Jul 16, 2012 23:16
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I have a couple of items that I think are on some of my reports because I was an authorized user on some of my ex's cards. Will an online dispute work well for this or should I stick to mailing all requests in? Also, I have an a credit card account with date of last activity (a payment) of May 2008 that was sold to Asset Acceptance, starting at $6500 in late 2009. They sued me in late 2010. The first court date was in April 2011 - I asked for documents and proof. Every 3 months for the next year I returned to court document-less and the matter was continued until this April when they filed dismissal without prejudice. I don't know if the judge got tired of them not producing or if they decided to just drop it themselves. What's the next step? On my credit report they now have it listed at $9740. I'm in Illinois - what's the SOL on lawsuits, 5 years? Should I just wait them out until next May or start disputing or what?
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Jul 17, 2012 00:06
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I have a bunch of medical collections that I've been ignoring for years. Now I can finally take care of them, but unfortunately I never bothered to save any paperwork. So I have no clue who I need to send a check to. Is there any way for me to figure this out or do I have to wait for another collections letter?
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Jul 19, 2012 15:46
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Talks To Cats posted:I have a bunch of medical collections that I've been ignoring for years. Now I can finally take care of them, but unfortunately I never bothered to save any paperwork. So I have no clue who I need to send a check to. Is there any way for me to figure this out or do I have to wait for another collections letter? Check your credit report?
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Jul 19, 2012 16:18
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Roger_Mudd posted:Check your credit report? edit: went to Equifax to dispute reports and they list all the information there. Day saved! Talks To Cats fucked around with this message at 17:21 on Jul 19, 2012 |
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Jul 19, 2012 16:46
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I have one item on my credit report, about $400 that I owed eBay, and they sent to a collection agency. So, I call the agency, pay it off, then my credit score is back to 'neutral', or not quite? edit: Nevermind, read OP, looks like that ones going to sit. Another: My Wells Fargo is -$400 and will soon be sent to collections. In the case that I can't get it back to $0 before then, and the collection people start sending letters, I just ask them for a Debt Verification letter correct? How likely is it they'll pursue it over that small an amount? Winszton fucked around with this message at 15:07 on Jul 20, 2012 |
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Jul 20, 2012 14:57
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Get your wells Fargo account in the black. If you send a dv after it hits collections, they're going to have all their ducks in a row and provide documentation because there hasn't between anyone to lose it. Then they're going to sue you and win because they'll have documentation and you'll be paying their attorney fees too. Banks don't screw around.
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Jul 20, 2012 15:32
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Thanks much. If I go deposit $100 of it today will they likely extend the time I have for the other $300 for at least a week? Guess I'll just go in and ask. e: NanyPants thank you for the prompt reply. Called WF and I only had a few days left before collections. Luckily my dad is going to wire it in. Phew! I had an old number on my account so they couldn't contact me about it apparently. Winszton fucked around with this message at 16:56 on Jul 20, 2012 |
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Jul 20, 2012 15:39
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What you might do if the eBay collection has been charged off and is listed with a collection agency on your report is to go ahead and send a dv, then if they successfully validate try a pay for delete or try to settle for a lesser amount than the total debt. If eBay still owns it per your reports, i would send them payment directly with an account number for my outstanding debt printed directly on the method of payment. The payment itself needs to be clear about what account or whatever it's for. If this was the only thing on my report and it was a few years old, I would go balls out trying to get it removed. If not, I would keep an eye on my credit reports and print copies every few months to have proof if they re-age the debt. Some collectors are assholes and will sue over $400. But I would first send a dv and make sure they can prove both that I owe that debt and that they are either authorized to collect it or they own the debt now. That second part is important because a lovely collector could watch your reports and try to collect on debts you may have that they have no right to collect.
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Jul 20, 2012 18:21
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I think something that gets lost in this thread is dealing with fresh/new debts and original credits is much different than dealing with Fucktard Collections Inc that is coming after you 5 years after you defaulted on your first 500 dollar Cap One card freshman year of college. Totally different ballgame.
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Jul 20, 2012 19:08
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How easy is it to negotiate for pay-for-delete with newer collections if you're willing to pay in full?
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Jul 20, 2012 19:14
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In my experience it doesn't work. The time to negotiate a pay for delete is more with a much older debt when it's a small amount that it wouldn't be worth taking you to court over. Honestly I don't know why a company would delete if it could validate but maybe they are lazy. For that matter, I don't know why you would pay a debt that can't be validated unless it's very small and you just want it to go away and you don't have 30 days to wait. To me, a reporting error I can prove is potentially money in my pocket.
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Jul 20, 2012 19:36
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Talks To Cats posted:How easy is it to negotiate for pay-for-delete with newer collections if you're willing to pay in full? It depends. If it's a standalone collection agency that is collecting on a non-credit product (think a medical debt) they are more likely to do it as they aren't bound by as strict of an agreement with the CRA as an actual CRA user (think credit products like cards or loans) would be. CRA users are supposed to report ONLY accurate information and is codified both in the user agreements to the agency as well as legally through the FCRA. It's good when trying to clean up bad inaccurate stuff, but the flip side is that bad accurate stuff also has to be repoted as well, making pay for deletes a risky deal for anyone who provides data to the CRA for credit products.
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Jul 20, 2012 20:02
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Well things have certainly taken a turn. I came home from being out of town for a bit the other day and found 2 letters from lawyers stating that they had noticed I was being sued by Asset Acceptance, LLC for a debt. I also had a card for a certified mail delivery. I dug around and couldn't find anything on the county court records, but I didn't think to check the Municipal court until today. Sure enough there it is, and it says I've been sent summons via certified mail. This is my previous post involving the same exact people, from when I received a response to my debt validation request: siggy2021 posted:So the collector I sent a validation request to responded with this. So a few questions. Due to my work hours being identical to the post office hours, I'll never make it during the week to pick up the letter. It says they attempted delivery on the 14th, and I have 15 days until they send it back. I'm hoping I can make it on Saturday to pick it up, but what happens if I don't? Will the court date and information I need be posted on public records so I can show up? Secondly, assuming what they sent for verification isn't valid, how worried should I be about this? I'm assuming that since they are suing it is valid, but isn't it illegal for them to sue me without validating first, if I requested? I'm freaking out a bit and could use some advice.
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Jul 24, 2012 23:19
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siggy2021 posted:Will the court date and information I need be posted on public records so I can show up? In Texas, they can serve by alternative method which usually means posting something to your door (or leaving it with a roommate). It varies county-to-county in Texas but you should be able to do a Google of "County Name public records" and find the case (assuming you live in a large populated area). It's not illegal for them to sue you without validating. In many cases they can't prove they own the debt and are just hoping that the person ignores the suit (resulting in a default judgement for them) or shows up without a lawyer (which usually results in a judgement for them). Validation matters for credit reporting but not so much in Court. There are general rules of evidence they must prove regardless of any validation that did or did not take place. Suggestion Options: 1) Offer to settle with them for a % of the debt. Threaten to file for bankruptcy and explain that they aren't the only party you owe money to. 2) Hire an attorney in your area and let him or her deal with it. Sometimes they can get better settlement deals and can win in court if the other side doesn't have any evidence. I tell potential clients to try #1, if they can't get a good deal, come see me and we'll work from there.
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Jul 24, 2012 23:30
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What you say is interesting. What is required by validation that the court wouldn't require to prove that party owns the debt and that it's legit?
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Jul 25, 2012 01:49
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NancyPants posted:What you say is interesting. What is required by validation that the court wouldn't require to prove that party owns the debt and that it's legit? It's just a different thing but probably contains the same information. !!!I'm not your lawyer, this is just general information and may vary from state to state!!! Generally speaking in Texas, debt collectors argue: 1) Breach of Contract 2) Suit on Debt So for breach of contract, typically they have to offer a copy of the contract. This is hard to do as people apply online or at trade shows, etc. Even if there was a paper copy of the contract with a signature on it, it could be lost by now. Suit on Debt in Texas means that they sent you a statement and you paid them. The theory is that this shows you admitting to the debt. This is easier to prove the debt but harder to prove you owe attorney fees, interest on the amount due, etc. From easy to more time consuming, here is how they generally win: A) get a default judgement; B) show up to trial and wait for the defendant to admit to the judge that they owe the debt (usually followed by a story of why they couldn't pay it); C) call the defendant as a witness and have the witness admit under oath that the debt is valid and owed; D) show up with a business record affidavit and other supporting evidence (usually only done if they know the other party has an attorney). The further and further down the chain of ownership they go, the harder it is to do D. Some sales agreements actually state (between originator and secondary buyer) "if you sue to collect this debt, we aren't providing you with any statements, contracts or affidavits". !!!I'm not your lawyer, this is just general information and may vary from state to state!!!
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Jul 25, 2012 02:20
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Someone in the legal thread recommended I cross-post this here. I kind of thought it counted as legal advice, but maybe you guys can be of more help. This is regarding debt collection in Washington state. Today my employer was called and they threatened to my boss that they were going to garnish my wages for like $500 for some Verizon bill from a million years ago. My question is as follows: Before garnishing my wages don't they have to sue me first to prove that I do in fact owe them said amount? If they did sue me don't they have to serve me with papers summons/complaint and then assuming they did that wouldn't they have a judgement/order from the court that would also have to be served on me? Edit - I'm a process server so this is sort of what I've pieced together from serving papers on people so its probably all just made up.
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Jul 26, 2012 03:48
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That debt that disappeared from my credit report has temporarily reared its head once again. I got a call from the collections agency that's handling it, they left me a message saying that they had some "new information." I'm not interested in hearing it because they've failed to verify the debt in their 30 allotted days, and I'm pretty sure that means they're not legally allowed to collect it anymore. I requested the verification over the phone but they assured me that they would send it and it's been a month now, what are my options if they start hassling me about it again? Also should I send them a letter about all this?
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Jul 26, 2012 05:22
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Redfont posted:That debt that disappeared from my credit report has temporarily reared its head once again. I got a call from the collections agency that's handling it, they left me a message saying that they had some "new information." I'm not interested in hearing it because they've failed to verify the debt in their 30 allotted days, and I'm pretty sure that means they're not legally allowed to collect it anymore. I would just sue if you have all your ducks in a row...but I like suing.
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Jul 26, 2012 05:59
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Reason posted:Someone in the legal thread recommended I cross-post this here. I kind of thought it counted as legal advice, but maybe you guys can be of more help. Disclosing the existence of the debt to a third party is a FDCPA violation. While they might have sued you and gotten a default judgement without you knowing, I doubt it. If they did have a garnishment order they wouldn't bother with a phone call, they would serve the court order to your company's registered agent. You should not deal with them over the phone at all, except to demand that they stop calling you and deal with you only by mail. Also, pull your credit and dispute the debt. If it's more than six years old, they can't legally collect on it, but it sounds like they don't care about the law.
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Jul 26, 2012 06:51
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Redfont posted:That debt that disappeared from my credit report has temporarily reared its head once again. I got a call from the collections agency that's handling it, they left me a message saying that they had some "new information." I'm not interested in hearing it because they've failed to verify the debt in their 30 allotted days, and I'm pretty sure that means they're not legally allowed to collect it anymore. You have 30 days to send a debt verification after receiving notice from a collector, but unfortunately they aren't bound by a time limit in getting back to you. However they aren't allowed to make any collection attempt until they do verify, and shifting things around with the credit bureaus does count as collection activity, just do your research before you respond.
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Jul 26, 2012 07:31
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LorneReams posted:I would just sue if you have all your ducks in a row...but I like suing. 1. They don't have to respond within 30 days. 2. He requested verification over the phone so he has no proof. How the hell could you sue based off of that?
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Jul 26, 2012 10:57
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I had been planning on sending them a letter, but they called me a few times, and when I mentioned I intended to mail a letter requesting verification and a cease communication the helpful lady said she would get right on the verification and send my 50% offer for a response but she'd have to call me back and would I like to just start that cease communication after I found out their answer. Since then I've heard nothing back until yesterday. still nothing on my report, I plan to dispute it if it shows up again though. I'm hoping they recorded our conversation but it sounded like a bit of a backwater office, so I doubt it. E: Also like I mentioned before, the first company apparently took it down after I asked to have it verified, I don't see why these people would have any better luck proving it's a real debt Redfont fucked around with this message at 14:09 on Jul 26, 2012 |
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Jul 26, 2012 14:06
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