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I feel like this is one of those questions that's probably been asked multiple times but with a thread this huge it's daunting to sift through: I've been corresponding with the collector through mail (and have specifically written that's how I want our correspondence to be). I get a letter from them insisting I call them rather than write letters, so that we can "intelligently" discuss the debt. So, what do you guys think? I want to just continue writing, if only for documentation's sake. Or is this a sign they're willing to negotiate? It's not like they can sue me on grounds that I wasn't cooperating just because I wanted to write instead of call, right?
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Oct 20, 2012 00:43
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The dude probably just wants his commission and he can get it a lot faster over the phone then going back and forth through the mail. If you don't wanna do it, then just keep writing instead.
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Oct 20, 2012 00:45
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It's easier to guilt trip/harass people into paying over the phone. I don't see this as a sign they're willing to work with you. ^^^ Exactly.
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Oct 20, 2012 00:46
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There's also the issue of plausible deniability of deals made over the phone unless there's a recording of the phone calls, whereas most people save letters. Even if you decide for some weird reason to negotiate over the phone, get everything in writing and check off you got everything you bargained for. But really, just keep all correspondence written.
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Oct 20, 2012 19:36
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Back in 2006 or so I took out a joint loan with my then girlfriend to buy some furniture. When we broke up awhile later she kept the furniture with the understanding that she would make the remaining payments. Some time later I received a call from the finance company asking why the last few payments had been late. I phoned her up and she said that she had been late on the payments, but that she had sold the furniture and would be paying off the loan. I didn't receive any more calls regarding the account, and assumed that she had done so. Years pass and I forget all about it. About an hour ago I received a summons as I am apparently being sued by a collections company for $2090.88. If I recall correctly the entire original loan was for less than $2,000 so I am not sure how it became so much. I'm not really sure where to go from here. I guess my current plan is to either try to make my case in court or just pay it off and then sue her in small claims court? Or maybe to do both of those things. I don't really feel like I should be required to pay off the loan and also lose out on what the furniture would have been worth had I kept it. I suppose it's worth noting that the agreement of her keeping the furniture/paying the payments was a verbal thing. I was naive and didn't get anything in writing. I've never done a small claims thing before so I'm not sure how it all works.
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Oct 24, 2012 04:17
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Smile posted:Back in 2006 or so I took out a joint loan with my then girlfriend to buy some furniture. When we broke up awhile later she kept the furniture with the understanding that she would make the remaining payments. Collection companies tack on their own "interest" on top of whatever the original amount was. Usually you can negotiate down to at least the original amount, if not further. quote:I'm not really sure where to go from here. I guess my current plan is to either try to make my case in court or just pay it off and then sue her in small claims court? Or maybe to do both of those things. I don't really feel like I should be required to pay off the loan and also lose out on what the furniture would have been worth had I kept it. Basically you go down to ye olde local courthouse and file a small claim, it's like 60 bucks. Then, you have to either pay the Sheriff to serve her notice, or get a friend to do it. As the plaintiff you can't serve it yourself. If you don't know where she lives or if she's moved off somewhere far away then I don't know how that works. Anyway, if the threat of being sued doesn't compel her to pay off the collection then you show up at court on the date listed and present your case, which pretty much sounds like it'll just be your word vs. hers. Assuming you win, she will be ordered to pay off the collection or pay you back or whatever. However the fun ain't over yet. At this point it's likely that you won't get paid back as agreed and be forced to go back to court to get a judgement to force her to pay you. So, yeah, small claims is a huge pain in the rear end. What I would do is get ahold of her, if possible, tell her the situation, and see if you can convince her to negotiate a settlement of the collection and get a deletion letter for the both of you. Then you can submit the deletion letter to the credit bureaus and have it removed. What is the date listed on the collection on your credit report? Collections fall off your credit report after 7 years, so if it's not hurting your credit much you could always just wait it out.
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Oct 24, 2012 05:34
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malcriada posted:Hello, I just wanted to say this thread is great and has helped me a lot!!! Can anyone give me some input on this? Please?
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Oct 24, 2012 22:04
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quote:Hello, I just wanted to say this thread is great and has helped me a lot!!! malcriada posted:Can anyone give me some input on this? Please? Ok, so if I'm understanding you correctly you have a collection for $293.09 that hasn't yet appeared on your credit report? Every company has their own procedures on when and which bureaus they report to. It may take a while for it to show up, and it may end up only reporting to one bureau. How is your credit otherwise? Do you have any other negative credit? If you have strong credit having one collection on your report temporarily won't be catastrophic. Who exactly have you been talking to about settling the debt? Whoever you end up dealing with make sure to ask for a letter in writing stating the terms of your settlement. "I agree to pay the full amount of $XXX.XX in return for withdrawl of negative notice and agreement not to report the collection to the credit bureaus" ect.
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Oct 24, 2012 22:42
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I have about $70,000 in private student loans with Sallie Mae and $30,000 for AES. I've been paying $650 towards Sallie Mae and $350 to AES. Sallie Mae wants to increase the payment to $1100 a month. I can't afford this. If I default, what are their options if I live in PA? From looking around it looks like they can't garnish my wages for a private loan in PA. Can they sue me? Can they do anything besides ruin my credit?
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Oct 24, 2012 23:02
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I just got served papers for a summons because a law firm representing Cap1 has filed suit. It's for ~1500. I'm wondering if I can still negotiate a PFD or should I just send them my intent to defend and show up in court and see what happens?
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Oct 28, 2012 20:28
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ItheWelp87 posted:I just got served papers for a summons because a law firm representing Cap1 has filed suit. It's for ~1500. I'm wondering if I can still negotiate a PFD or should I just send them my intent to defend and show up in court and see what happens? You don't get a pay for delete when you're dealing with the oc and they already have you in court. At least answer the summons, typically the court will have a simple form you can fill out. If you ignore it they will get a judgment against you and if they get a judgment against you, they can and will garnish wages if you don't pay.
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Oct 28, 2012 22:08
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ItheWelp87 posted:I just got served papers for a summons because a law firm representing Cap1 has filed suit. It's for ~1500. I'm wondering if I can still negotiate a PFD or should I just send them my intent to defend and show up in court and see what happens? Get a lawyer, if you show up in court they will just swear you in and ask you questions. Generally if someone is truthful, they'll lose their own case. You should also be aware that you are required to do 2 things, failure to do both means you lose the case. 1) File an answer, either google for one or ask the court clerk 2) Answer discovery, if you admit you owe the debt you lose the case. If you fail to answer the discovery, you lose the case. If you deny anything, you can incur extra damages if they can later prove something you denied. Find an attorney, you wouldn't go in to an OR and attempt surgery on yourself. Although far from a grantee, a lot of times if you have an attorney, they'll non-suit the case.
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Oct 28, 2012 22:52
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So I've got a $56 dollar debt from a hospital in a city I've never lived in or had anything to do with. At first I thought maybe it was external labwork or something but further research has me believing its not mine whatsoever, so I disputed it. Somehow it survived the dispute. I don't really want to pay it but we're looking to purchase a house next year so I sent a certified pay for delete letter for $56. 2 weeks later its finally back in my hands because the address the collectors have on file with the big 3 is not valid. How do I move forward from here? I can't contact them to pay it but they fight disputes through the CRA's....
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Oct 30, 2012 13:35
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For the past two days, I've been getting calls from a debt collector that seems to have unearthed a 16-year-old credit card debt (obviously well outside the statute of limitations). I actually spoke with them yesterday, told them I wanted proof of the debt in writing (which they flat-out refused to provide, twice, with varying degrees of politeness) and have asked them not to contact me by phone any more (which they appear to have cheerfully ignored, though they *did* change the number they were using to spoof my caller ID). I'm assuming it's some kind of boiler-room operation. If this persists, I'll send them something in writing, but are there other steps I can/should be taking? Preferably involving surface-to-rear end in a top hat missiles?
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Oct 30, 2012 16:29
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SomeGuyinIL posted:So I've got a $56 dollar debt from a hospital in a city I've never lived in or had anything to do with. At first I thought maybe it was external labwork or something but further research has me believing its not mine whatsoever, so I disputed it. Somehow it survived the dispute. I don't really want to pay it but we're looking to purchase a house next year so I sent a certified pay for delete letter for $56. 2 weeks later its finally back in my hands because the address the collectors have on file with the big 3 is not valid. How do I move forward from here? I can't contact them to pay it but they fight disputes through the CRA's.... Is there not a number you can call them on the paperwork they sent you?
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Oct 30, 2012 17:04
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Flippycunt posted:Is there not a number you can call them on the paperwork they sent you? Never got any, I pulled the address straight from my credit report. I've never once heard of them or from them in my life, thats why I disputed it. It survived the dispute somehow so I sent the pay for delete letter that 'returned to sender'. I have no clue where to move next.
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Oct 30, 2012 17:30
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Care to post the disputes you sent (minus sensitive information obviously)? The credit bureaus don't like people disputing things and use any minor excuse they can to avoid having to investigate accounts.
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Oct 30, 2012 19:11
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Flippycunt posted:Care to post the disputes you sent (minus sensitive information obviously)? The credit bureaus don't like people disputing things and use any minor excuse they can to avoid having to investigate accounts. I just used their own web dispute interfaces and checked the box "this isn't mine". If theres a more formal way to go about it I'm all up for it.
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Oct 30, 2012 19:18
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SomeGuyinIL posted:I just used their own web dispute interfaces and checked the box "this isn't mine". If theres a more formal way to go about it I'm all up for it. What information did you get back from the bureaus regarding their investigation? My company fixes credit and does credit score optimization and we usually deal with the credit bureaus by mail, rather than use their website. You can try disputing it that way as well, but bear it mind that they have 30 days by law to complete each investigation so if you send another one before their time is up it will mess things up.
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Oct 30, 2012 19:28
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I just pulled a credit report and I see one account (now paid off) listed twice and here is the history of it: Starting 09/2007 my wages were garnished for student loans that I had ignored (due to lack of money) for many years. I changed jobs in 09/2008 and didn't let the garnisher know, the debt changed hands and continued the wage garnishing starting in 06/2009. Since it was a student loan the wage garnishing only required a notice to my employer; it was quite automatic and painless for them. One account (the first wage garnisher) is listing the account closed date as the same date as the account opening date of the second account, which garnished wages until it was fully paid. I've paid this obligation in full through wage garnishment (final payment was early 2012), but now it's listed twice on my credit report under adverse accounts (technically, two accounts listed twice each, for four adverse account listings all for one wage garnishment now paid off). Different companies/account numbers but it's the same debt that was transferred. I disputed this as a duplicate account in 03/2012 but equifax responded that it was validated. I had put in the comments, as briefly as I could in the 150 characters or whatever stupid small limit they give you, that these are the same accounts. I disputed all 4, nothing came off my report. What should my next step be here? Both accounts are listed to stay on my account until 2015 and it's already been YEARS that it's been dogging me. I thought that paying it off would help my credit score but I've been denied a secured card. Yeah seriously. Both account types are listed as "STUDENT LOAN" and the first account holder remarks state "STUDENT LOAN PERM ASSIGN GOVT", second (fully paid) account remarks state ">PAID COLLECTION<". Any advice would be welcomed, I have the name of the creditors and phone numbers, I'm ready to call them but I am not sure what exactly to say or how to go about getting them to fix this.
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Nov 1, 2012 03:04
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mr. nazi posted:I just pulled a credit report and I see one account (now paid off) listed twice and here is the history of it: Debt can be sold up to three times. Each time will appear as its own separate negative account on your credit report. This is why ignoring your debts is bad, it lets them duplicate like tribbles. quote:I disputed this as a duplicate account in 03/2012 but equifax responded that it was validated. I had put in the comments, as briefly as I could in the 150 characters or whatever stupid small limit they give you, that these are the same accounts. I disputed all 4, nothing came off my report. Never write anything into the comment section on your credit reports. Its just a honeypot where they try and trick you into admitting ownership of your accounts. No good ever comes of it. What exactly did you write there? You may have provided them all the evidence they need that the account is yours. quote:What should my next step be here? Both accounts are listed to stay on my account until 2015 and it's already been YEARS that it's been dogging me. I thought that paying it off would help my credit score but I've been denied a secured card. Yeah seriously. Both account types are listed as "STUDENT LOAN" and the first account holder remarks state "STUDENT LOAN PERM ASSIGN GOVT", second (fully paid) account remarks state ">PAID COLLECTION<". Paying off a debt or collection in and of itself does not improve your credit score. Only paying it off and having it removed will help you. The debt will remain on your report marked as PAID which is just as bad as having an unpaid collection. The only advantage to paying off a collection without having it removed is at least it won't be sold and show up again as another collection. If you're being denied for secured credit cards then I'm guessing in addition to your collections that you have a lack of good credit. How many other accounts do you have besides your student loans? As someone who fixes credit for a living I pretty much only see two outcomes for you: -At least six months of disputing and trying to build good credit -Hiring a professional to do the above Class Warcraft fucked around with this message at 17:17 on Nov 1, 2012 |
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Nov 1, 2012 17:14
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Flippycunt posted:If you're being denied for secured credit cards then I'm guessing in addition to your collections that you have a lack of good credit. How many other accounts do you have besides your student loans? I have a total of 5 adverse accounts listed, 4 of them are this paid off student loan debt, and one is a medical bill that I'm working on paying off that is less than $1000. Looking like I'll be 100% debt free within 2 months but unable to get credit for another 3 years yay! quote:Never write anything into the comment section on your credit reports. Its just a honeypot where they try and trick you into admitting ownership of your accounts. No good ever comes of it. What exactly did you write there? You may have provided them all the evidence they need that the account is yours. I had paid it off entirely by the time I disputed it, what difference would it have made? This was a student loan debt that was automatically taken out of my paychecks, without my input in any fashion. There was no opportunity for negotiation or payoff terms. mr. nobody fucked around with this message at 00:41 on Nov 2, 2012 |
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Nov 2, 2012 00:34
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mr. nazi posted:I have a total of 5 adverse accounts listed, 4 of them are this paid off student loan debt, and one is a medical bill that I'm working on paying off that is less than $1000. Make sure you get a deletion letter for your medical debt. Its basically a letter that states that once you pay off the debt they agree to delete the entry from your credit report. If you don't get this, then the debt stays on your credit report as a "PAID COLLECTION" which is no better than an unpaid one. quote:I had paid it off entirely by the time I disputed it, what difference would it have made? This was a student loan debt that was automatically taken out of my paychecks, without my input in any fashion. There was no opportunity for negotiation or payoff terms. Because if you are disputing something you are essentially challenging the credit bureaus to prove the account belongs to you. If you write something like "This account of mine is on here more than once" then you've basically admitted it belongs to you and you'll lose your disputes for those accounts from then on. The credit bureaus don't really care if the creditors provide them bad information, or even if your credit is completely ruined by their mistakes, they only want to operate and make money, so if they get an opportunity to get out of having to investigate their information, they will take it. It wasn't all that long ago that consumers didn't even have the right to see their own credit report. People would go their entire lives with mistakes on their credit reports that they could never fix or even get information about. Anyway, don't resign yourself to having bad credit just yet. There are still some options to build good credit and get rid of your negative accounts. I can walk you through your options if you want. Shoot me an email at my work address: removed Somebody fucked around with this message at 18:30 on Nov 2, 2012 |
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Nov 2, 2012 03:24
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Flippycunt posted:I can walk you through your options if you want. Shoot me an email at my work address: Done. edit: email bounced, sticking to transparent forums advice, not resending bounced email mr. nobody fucked around with this message at 00:25 on Nov 3, 2012 |
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Nov 2, 2012 04:22
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mr. nazi posted:Done. Oops, there was a typo in my email address. Should have been: removed Somebody fucked around with this message at 18:31 on Nov 2, 2012 |
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Nov 2, 2012 05:10
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Zeta Taskforce fucked around with this message at 18:40 on Nov 3, 2012 |
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Nov 2, 2012 16:25
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Somebody fucked around with this message at 18:39 on Nov 3, 2012 |
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Nov 2, 2012 17:08
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Zeta Taskforce fucked around with this message at 18:39 on Nov 3, 2012 |
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Nov 2, 2012 17:36
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I posted before about having over $15,000 of collections posted on my Experian and Equifax reports in the last 2 years...due to having a "similar" name and the other person living in a town I used to live in. I have no idea who this person is. It took awhile but while Equifax was very easy to dispute online I had to call Experian and file a dispute through them. I wonder if anyone else has had this problem, I just sent a debt dispution letter 2 months ago and filed with Experian on a $300 debt that wasn't mine (it cleared off in exactly one month), and last month another $600 debt showed up. I, again, called Experian and sent the company a debt verification letter. It has been working but it is a huuuuge pain in the rear end to get updates that I have debt collections that are not mine and then deal with the hassle to fix my credit score (and yes, my credit score has been fluctating about 80 points each time). Basically, is there any way to stop this mis-reports? I've put a credit block, meaning I get phone called if I try to open a new credit card, I put notes on all my files, but when I called and talked to someone at Experian they just said oh try putting your middle initial on your files as well (??...I already do). If anyone has had to deal with this before I'd love to know what you did to stop this craziness. Edit: Also I wanted to add that when I called the various companies, they do not have my address or SSN on record. They just have a very similar name. Think Jane R Doe is my name and the one on file is Janie C Doe. Citrine fucked around with this message at 17:42 on Nov 2, 2012 |
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Nov 2, 2012 17:40
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Class Warcraft fucked around with this message at 19:32 on Nov 3, 2012 |
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Nov 2, 2012 17:56
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Citrine posted:I posted before about having over $15,000 of collections posted on my Experian and Equifax reports in the last 2 years...due to having a "similar" name and the other person living in a town I used to live in. I have no idea who this person is. It took awhile but while Equifax was very easy to dispute online I had to call Experian and file a dispute through them. I wonder if anyone else has had this problem, I just sent a debt dispution letter 2 months ago and filed with Experian on a $300 debt that wasn't mine (it cleared off in exactly one month), and last month another $600 debt showed up. I, again, called Experian and sent the company a debt verification letter. It has been working but it is a huuuuge pain in the rear end to get updates that I have debt collections that are not mine and then deal with the hassle to fix my credit score (and yes, my credit score has been fluctating about 80 points each time). Next time you send them disputes, do it via mail, and along with disputing the incorrect accounts dispute the incorrect names and provide your current SS# and address. Include photocopies of two ID's (drivers license, SS#, passport) and a proof of address. This should clarify who you are and stop this other persons accounts from showing up on your report. As a side note: Fathers, keep in mind that if you name your son after yourself, you are very likely to end up with each others accounts on your credit reports, especially if you live at the same location.
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Nov 2, 2012 18:00
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Zeta Taskforce fucked around with this message at 18:42 on Nov 3, 2012 |
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Nov 2, 2012 18:28
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. Class Warcraft fucked around with this message at 19:31 on Nov 3, 2012 |
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Nov 2, 2012 18:39
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Zeta Taskforce fucked around with this message at 18:41 on Nov 3, 2012 |
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Nov 2, 2012 20:52
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Flippycunt posted:Next time you send them disputes, do it via mail, and along with disputing the incorrect accounts dispute the incorrect names and provide your current SS# and address. Include photocopies of two ID's (drivers license, SS#, passport) and a proof of address. This should clarify who you are and stop this other persons accounts from showing up on your report. It's all different companies. One was a hospital, the other DirecTV, etc. And I was told by a lawyer that was kind of enough to draft me a debt verification letter NOT to send them personal information. Make THEM prove that it is my debt (and they can't, so they delete it). He was very clear that they are the ones loving up, I should give them my info (like SS, Driver's License) only if I basically go to court to fight it, which thank goodness has not come to it.
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Nov 2, 2012 21:43
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Citrine posted:It's all different companies. One was a hospital, the other DirecTV, etc. And I was told by a lawyer that was kind of enough to draft me a debt verification letter NOT to send them personal information. Make THEM prove that it is my debt (and they can't, so they delete it). He was very clear that they are the ones loving up, I should give them my info (like SS, Driver's License) only if I basically go to court to fight it, which thank goodness has not come to it. No, don't send your info to the creditors, I'm talking about the credit bureaus: Experian, Equifax, Transunion. The goal is to get the information about you on file at the credit bureaus correct. That way, when you dispute the accounts THROUGH the credit bureaus, they cannot connect you to the accounts because the personal information will not match. Edit: The reason you send your ID's and proof of address to the credit bureaus is to prove your identity and also to prove the information you are trying to correct (your SS#, address, ect). If you don't supply an ID or proof of address they may ignore your letter.
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Nov 2, 2012 21:47
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Flippycunt posted:No, don't send your info to the creditors, I'm talking about the credit bureaus: Experian, Equifax, Transunion. The goal is to get the information about you on file at the credit bureaus correct. That way, when you dispute the accounts THROUGH the credit bureaus, they cannot connect you to the accounts because the personal information will not match. Ah gotcha. I actually could not do that this past year, the last 2 years I did not have a proof of address (no utilities or lease, living with a friend). I just now am getting on a lease so I'll have established residency starting this month, but I am kind of screwed for anything posting in the last few months. But you just reminded me that I should do that if anything pops up saying I have credit collections beginning from now on, thank you!
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Nov 2, 2012 22:09
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Citrine posted:Ah gotcha. I actually could not do that this past year, the last 2 years I did not have a proof of address (no utilities or lease, living with a friend). I just now am getting on a lease so I'll have established residency starting this month, but I am kind of screwed for anything posting in the last few months. But you just reminded me that I should do that if anything pops up saying I have credit collections beginning from now on, thank you! Well, the address portion is not terribly important (although its good to get any incorrect addresses off your credit report), the most important thing is making sure the credit bureaus have your correct name and SS#! Also, make sure you spell your name the same way every time you apply for credit, this will help ease confusion. If there is an account on your report that doesn't match your name and/or SS# then in all likelihood it will come right off once you dispute it. Remember to wait 30 days between disputes, otherwise you may disrupt their investigations. Good luck. Class Warcraft fucked around with this message at 22:20 on Nov 2, 2012 |
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Nov 2, 2012 22:18
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Alright goons. Time for me to get my poo poo together. My story is pretty typical: Went to college, didn't give a gently caress, let debts stack up (credit cards, a couple misc services like comcast, etc). For a long time I ignored calls, letters, etc and I now realize I have to deal with this poo poo. So, some questions. 1) Since I have very little in terms of who is trying to collect on what what is the best way to get a picture of where I stand and who I need to contact to start getting these individual debts handled? I have heard looking at my credit report and start going down the list, is this still SOP? 2) When I contact people in regards to these items what is my best play? Should I start firing off some sort of certified letter? I know I am wayyy past the 30 DV process but don't want to say something on the phone that is setting me up for more chaos down the road. Basically, I need a checklist of stuff I can do for each of these bills to make sure that I handle them in the most proper way possible. 3) What can I do to minimize/repair any credit score damage that has already occurred?
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Nov 5, 2012 22:22
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Topsy Kretts posted:Alright goons. Time for me to get my poo poo together. My story is pretty typical: Went to college, didn't give a gently caress, let debts stack up (credit cards, a couple misc services like comcast, etc). For a long time I ignored calls, letters, etc and I now realize I have to deal with this poo poo. 1) First things first you need to look at your credit report and check out the situation and how bad the damage is. I usually recommend Truecredit.com, which is Transunion's consumer site. Their credit report is a trimerge (which means its Experian, Equifax, and Transunion credit reports combined into one report) and its fairly easy to read. They normally have a trial offer where you can get you get access to your credit report free for 7 days. As long as you call and cancel before the 7 days is up you won't be charged anything. Save the report as a PDF so you can view it later if you plan on cancelling. That being said, if you're going to be doing work on your credit having an account so you can check the changes to your credit report is a good investment. If memory serves me correctly Truecredit is like $20 a month. 2) Hard to say until you actually see what your situation is. 3) Things to do in the meantime: -Don't apply for more credit, it will add inquiries and new accounts drive your scores -Don't close down any revolving accounts (credit cards, department store charge cards) -Keep the balances on your revolving accounts below 50% of their maximum (ex. $1000 credit card limit, keep it below $500) -Don't talk to the collection people until you've gotten ahold of your credit report. You need more information before you try and fix stuff.
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Nov 5, 2012 23:10
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