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I've sent multiple letters of verification to Capital One and Michael J. Scott, with nothing in return. They withdrew a lawsuit they filed against me, there was no judgment, and my credit score skyrocketed. Now the statute of limitations is past, even with the laughable amount of time they fudged dates on my credit report. I checked on FICO, and now Capital One is saying the last activity on the account was January of '09 (meaning the statute of limitations in TX is past) but then it says the account was 'paid as agreed' until 8 months ago, delinquent & charged off, and is now 'paid as agreed' again - which dings my credit as a recent delinquency. What on earth? Can I dispute this with the credit bureaus again?
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Mar 6, 2013 06:29
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Yes! You've done this before, why do you need to ask? If it were me and I found they'd reaged something not once but twice, I'd be starting disputes yesterday and finding out what I need to do to sue their asses for the violation.
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Mar 6, 2013 14:56
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I'm posting an update to let you all know that I sent a letter to Resurgence Legal Group. I simply stated that I do not acknowledge the debt and to ask them to provide me a hard copy of the debt they claim to own. In the event that they decide to sue me, I have intent to show up in court to dispute the collection. I have no money to settle with so this is my best option. I hope I made this clear enough to them that I am serious about my financial situation, and I refuse to let a group I never heard of to take claim of my life I still struggle to rebuild.
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Mar 8, 2013 22:39
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Ugh, just got a phone call from Dynamic Recovery Solutions saying I owed $290 for a debt from 2007 from Columbia House. I have never, ever done any business with those clowns because I knew they were a scam all the way back in the mid-90s. Like, I'm dead positive this isn't me, although what's weird is they had my name and address. The call was unpleasant and I said I was disputing it and that I wanted it in writing, but we were both talking over each other so now what? Do I just wait for the debt letter then fire back a debt validation letter? I'm trying to buy a home so this is REALLY loving FRUSTRATING to have to deal with this. The part that annoys the gently caress out of me the most is that now I'm going to have to waste my time and money getting this debt validation letter sent to them via certified mail for something that isn't even mine. Am I just going to be plagued by these type of shady businesses for the rest of my life? EDIT - In the interest of shutting these fuckers down ASAP, can I send them the debt validation letter now or some other letter or should I wait to hear? What I don't want is to not hear anything then see something on my credit report. Mandals fucked around with this message at 00:22 on Mar 9, 2013 |
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Mar 9, 2013 00:10
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Spatchcent posted:I'm posting an update to let you all know that I sent a letter to Resurgence Legal Group. I simply stated that I do not acknowledge the debt and to ask them to provide me a hard copy of the debt they claim to own. In the event that they decide to sue me, I have intent to show up in court to dispute the collection. I have no money to settle with so this is my best option. I hope I made this clear enough to them that I am serious about my financial situation, and I refuse to let a group I never heard of to take claim of my life I still struggle to rebuild. It's not really clear whether you understand that "disputing the collection" means claiming that this debt is not actually yours. If it is a legitimate debt, which you basically said it is, they can sue you and win regardless of your current financial situation. It's possible that the collector may not have the appropriate paperwork, or actually go through with suing you, but if they do they will be far harder to deal with then they are now. After they get a judgement you'd be on the hook for court costs in addition to the debt, and they can try to garnish wages, attach a bank account, and pursue you as long as it takes. Be careful taking the "I'm not going to be pushed around" approach here. And if you get sued, talk to a lawyer.
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Mar 9, 2013 00:57
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Trillian posted:It's not really clear whether you understand that "disputing the collection" means claiming that this debt is not actually yours. If it is a legitimate debt, which you basically said it is, they can sue you and win regardless of your current financial situation. Jesus, there goes my chance of getting my finances together  . When I meant disputing the collection I mean to say that I am disputing their claim that they have my debt. I wrote asking them if they have proof that they have my debt as they claim to sue me for. I'm prepared for the worst if they decide to take action against me. Luckily, I know someone who can recommend me a lawyer in the event I get sued for my debt.
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Mar 9, 2013 03:24
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Okay, So I have two delinquent accounts that I need to take care of. One is with Verizon, the other with Wells Fargo. On my credit report I only see these accounts listed as delinquencies and not as collection accounts. I also cannot find any contact information for collection agencies listed on my report. I called the phone number for Verizon listed in my credit report and was directed to an automated line that instructed me to contact the collection agency they say has the account. I'm hesitant to contact them since my credit report does not show any information for them. When I call the Wells Fargo number, I can't get anywhere since I don't have an active account with them. At this point all I want to do is pay for delete since the account balances both total less than $600. I read the OP but this is all new to me and I'm a little lost. Any advice?
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Mar 9, 2013 04:56
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Trillian posted:No, they can't continue collection actions until they validate. So it's been two months without validation of debt from CA. They have not called or sent anything in writing and it's not showing up for collection on my credit report. I've not heard a peep from BoA. Next step is to demand it removed from my credit report?
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Mar 11, 2013 22:38
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Tide posted:So it's been two months without validation of debt from CA. They have not called or sent anything in writing and it's not showing up for collection on my credit report. I've not heard a peep from BoA. Did you send it return receipt requested so you have proof they received it?
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Mar 11, 2013 22:48
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Don Lapre posted:Did you send it return receipt requested so you have proof they received it? Yes sir. e: not sure if you went backwards from Trillian's response to mine detailing the chain of events, but I'll repost it if it will help you in responding. Tide fucked around with this message at 01:38 on Mar 12, 2013 |
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Mar 12, 2013 01:34
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Tide posted:it's not showing up for collection on my credit report. --- I think my question about legal interest rates I'm going to end up asking an attorney because a collection agency has violated the FDCPA and my state's stricter version of it multiple times in a two month span. I disputed their collection charges and requested an itemized accounting of how the charges were arrived at and they haven't responded in writing with an accounting of said charges, yet the full amount including these charges was reported as recently as last week to credit agencies as in collections and nothing on my credit report about a dispute. They failed to tell the credit agencies about my dispute (as required of them by law), they are charging more interest than allowed by state law (possibly shadily legal somehow, I don't know, hence attorney), they've demanded receipt of payment in full (including the partially disputed amount, after I disputed it in writing) prior to the 30 day window closing for me to dispute it in the first place, and now they're continuing collection action on a disputed amount prior to validating it in writing to me. When this first all started I offered in good faith to them a settlement of 200 bucks for pay for delete, pending the agreement signed in writing by an authorized rep at their company; they laughed at me, literally. Then they violated the FDCPA all up in my face and now, gently caress them. mr. nobody fucked around with this message at 01:46 on Mar 12, 2013 |
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Mar 12, 2013 01:44
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mr. nazi posted:What do you mean by this? You stated earlier it was in collections but nothing about it being on your credit report. Sorry about being unclear, so I'll repost the time/chain of events: BoA CC is delinquent (this shows on CC report) BoA CC is sold to/bought/turned over to collection agency CA sends me a letter advising they are trying to collect I respond to CA within 30 days requesting verification of debt, they have 30 days to validate, etc 30 days pass, no response from CA 30 more days pass, no response from CA (or anything from BoA) for a total of 60 days since they received my DV request Credit report shows delinquencies and that it was put up for collection from BoA, account closed by BoA. Credit report does NOT show CA as a debtor. The CA does not appear on my credit report. Just a little confused on whats going on and what my next move is. Seems its in limbo. I guess now my next step is to dispute it (the debt with BoA??) with the credit reporting agencies?
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Mar 12, 2013 02:23
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As I understand it, Bank of America can report to credit bureaus for 7 years from the time of last payment on the account. The collection agency doesn't sound like they are in the wrong at this point, they haven't validated, which they don't have to do within any timeline or at all, but they can't take collection action until they do. They also haven't reported anything to a credit bureau and as long as they don't (that would be a collection action) they haven't violated anything. If they do validate, they can then report to credit bureaus for 7 years since the last payment on the account (same timeline as bank of america unless you pay/paid this new company or bank some money against the debt) Again, just as I understand it, I am no expert.
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Mar 12, 2013 04:44
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Are there any Canadian goons who have dealt with Canadian-related debt issues? Starting almost two weeks ago, I began getting calls from a company calling itself CBV Collections with regard to a debt. They ask me for my birthday and address and refuse to even provide an account number when I refuse to give them that information. All they'll tell me is that the issue is with regard to a "Telus account." I checked my Equifax and Transunion credit reports, and neither of them have any active collection accounts at all. They also don't list any Telus accounts. However I can see that CBV Collections made "soft" inquiries into both these reports. As per Ontario law, they need to send me written notice with details about the account 6 days before initiating phone contact. I have received no such letter. The way their calling works is this: I get a call on my landline from some robo-voice thing telling me to stay on the line to discuss "An important business matter." If I stay on, I get a collection agent asking me to confirm my date of birth. When this call ends after I refuse to give them any information, I immediately get a call on my cell phone from another CBV agent, no robo-voice involved. This person also demands that I verify my date of birth with them before they give me any details about the account other than "a Telus matter." These calls come at random times during the day. I did have a Telus account back in 2005, but I stopped paying on it when I dropped out of university that same year. The Statute of Limitations in Ontario is just 2 years. From what I've been reading online, CBV has been trying to collect on time-barred debts in several provinces. They also seem to have a very poor reputation, even though their BBB rating is an "A." This feels something like a scam to me, where they're trying to get me to admit to the debt in some way in order to reset the statute. At the moment, I want to send them a letter disputing the debt and demanding verification, as well as the normal things like proving it isn't time-barred and all that stuff. I'd also include a printed "Notification of a Consumer Complaint" that I downloaded from the Ontario Ministry of Consumer Services. However, I've also read that sending such letters just seems to fuel the fire, as some collection companies view them as some sort of tacit admission of debt and guilt. Should I send the letter to tell them to stop calling and give me proof that I owe them money, or should I just stop taking the calls until they (hopefully) stop attempting them? Is there another option?
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Mar 12, 2013 15:17
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Faded Mars posted:Are there any Canadian goons who have dealt with Canadian-related debt issues? You need to send a registered letter first. Here's the bit from Ontario's Collection Agencies Act: quote:Section 22. (1) If a debtor sends a collection agency or collector, by registered mail, a letter stating that the debtor disputes the debt and suggests that the matter be taken to court, the collection agency or collector shall not thereafter contact or attempt to contact the debtor, unless the debtor consents to or requests the contact. If they don't stop contacting you, then the provincial complaint process is your next avenue. The statute of limitations cannot be reset once it has already expired. The collector has no legal recourse, even if you said "neener I owe that money but I am not paying," they can no longer make you. Not that you should do that, because Consumer Protection might take a dim view of your complaint, if you need to make one. The Consumer Protection Branch also has a helpline: 416-326-8800 or 1-800-889-9768. I haven't used it specifically, but I've found other provincial helplines more useful than I expected them to be.
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Mar 12, 2013 21:47
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Tide posted:Sorry about being unclear, so I'll repost the time/chain of events: There really is no next move. BofA can legally report the debt for 7 years, nothing you can do about it as rules for the original creditor are much different than for debt collectors. Almost all the advice in this thread is for dealing with debt collectors. If the collection agency puts the account on your credit report you could dispute it, but removing the original creditor is hard.
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Mar 12, 2013 22:37
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Hey all, a couple months ago I posted this:deptstoremook posted:"Dear deptstoremook, and got this reply which confirmed my suspicions: Trillian posted:If they're within the statute of limitations in your state, you're wise to leave them alone. However, I am developing a greater interest in clearing my credit report of any damaging information, and the ability to pay (for delete) if it comes down to it. Mostly, it's inconvenient to look for apartments with a long (though distant) history of delinquency. Again, none of the debts that are outstanding are in collections, I haven't been contacted by any of the account holders in at least a year. The total stated amount on these debts is small, about $4,500, and a couple are expiring from my report in September 2014 so I may be willing to let those lay for another year and a half (though it frustrates me). Is there any way I can cautiously approach these creditors for a debt verification or pay for delete?
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Mar 21, 2013 17:36
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deptstoremook posted:Is there any way I can cautiously approach these creditors for a debt verification or pay for delete? In my experience, YMMV, if the debt hasn't been sold and isn't in collections, you probably can't pay for delete. It's usually the smaller debt buyers that offer that. They'll offer to change it to something like "paid as agreed" or maybe even "paid in full" but it really doesn't improve your FICO score. That said, rumor is that FICO is thinking about changing it so that these trade lines are less punishing on folks. Some of the smaller credit score folks have already started. With apartment complexes, just offer to put an extra month down when you move in. http://money.cnn.com/2013/03/11/pf/credit-score/index.html "Consumers who have a zero-dollar balance on collections and no other negative information on their credit reports should see their VantageScore's increase significantly," he said. But the boost only matters if a lender uses the new VantageScore. While FICO is still the most widely used scoring model, the VantageScore is gaining ground. It's currently used by seven of the top 10 financial institutions, six of the top 10 credit card issuers and four of the leading auto lenders and mortgage lenders, according to its website. Roger_Mudd fucked around with this message at 18:45 on Mar 21, 2013 |
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Mar 21, 2013 18:39
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So when I was in college I had an additional card on my dad's AmEx account for emergency purposes (he even told me that "emergency" meant only things as severe as getting my arm ripped off and not having the cash on hand to cover my deductible). I haven't had a card on the account in over 6 years but the account still appears on my credit report. Late last year, my dad's business failed and almost $100,000 was charged off. The delinquency and charge off are now on my credit report. What are the chances I could dispute it and have it removed from my credit report?
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Mar 24, 2013 21:07
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skipdogg posted:Almost all the advice in this thread is for dealing with debt collectors. Maybe you have some advice for this situation? My friend has an erroneous default listed on her credit report. When she saw it she called the bank and they acknowledged verbally over the phone that the item was in error, but didn't fix it. She sent a registered letter disputing the reported default to the originating bank last month and hasn't heard back yet. She also disputed it with the credit agency, they "investigated" and won't change it. What next?
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Mar 25, 2013 16:28
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Roger_Mudd would have better advice, but you have to get the bank to admit the error in writing, dispute with CRA again and if they don't correct, you sue them.
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Mar 25, 2013 18:53
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Thanks. Also just found out that the bank received the letter less than 4 weeks ago, so I think it's a situation for sitting tight just a little longer.
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Mar 25, 2013 21:20
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My girlfriend got into a car accident about three years ago. She hit a car in front of her which then bumped the car in front of it. The police came and reports were made. Turns out her insurance company has this insane policy where she needs to pay a $10 yearly fee in order to remain insured. She missed paying this fee and so unknown to her, when the accident happened her insurance had been lapsed for about a week. The first debt collection agency went after her pretty aggressively, the guy was a huge rear end in a top hat. She basically ended up settling over the phone for a percentage which amounted to a couple thousand which her father was nice enough to pay. The second debt collection agency was at least much nicer about it. It was about $800 in damages which they let her pay off in increments as low as $10 a month. So she has been doing that for almost three years now and it's down to about $450. She was just getting ready to pay it off after getting a tax refund when she saw the most recent statement said she suddenly owed $24,000 for "PIPI and UMBI" (I have no idea what these are and Google is oddly no help). This is an insane amount of money for her that would take her 5-10 years to realistically pay off. She called them and asked why suddenly the balance was so high and the guy explained that that was what the lady got in medical damages. We're absolutely certain that the lady must have been trying to milk the insurance companies for money. This was the lady in front of the car my girlfriend hit. There was only $800 in damages to her car. Her bumper basically had a dent in it. She would have felt more force hitting a bad pothole than this accident. The debt guy waived 90% so she only has to pay $2,400 but the whole thing just feels really slimy. And in the back of my mind I can't help but wonder if some other random charge is just going to be added to the account every three years.
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Apr 2, 2013 04:05
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I Am A Robot posted:My girlfriend got into a car accident about three years ago. She hit a car in front of her which then bumped the car in front of it. The police came and reports were made. Your girlfriend should get some documentation and consult a lawyer to find out if these new charges are valid. Beyond that, whether you think that someone's injuries were legitimate is not relevant. If the woman was actually awarded damages by the insurance company then she had enough proof for them.
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Apr 2, 2013 14:40
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Mandals posted:Ugh, just got a phone call from Dynamic Recovery Solutions saying I owed $290 for a debt from 2007 from Columbia House. I have never, ever done any business with those clowns because I knew they were a scam all the way back in the mid-90s. Like, I'm dead positive this isn't me, although what's weird is they had my name and address. EDIT - Just got a letter from them dated March 22. Addressed to the wrong name. So, do I still send the debt validation "prove it" letter or can I ignore since they have the wrong person? Should I add anything to the letter also saying they have the wrong person since I know they don't really give a gently caress about accuracy? EDIT #2 - is this a good one to use or are there better ones? http://www.askjackaboutdebt.com/content/wrong_person.htm Mandals fucked around with this message at 23:54 on Apr 5, 2013 |
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Apr 5, 2013 23:52
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My mom has a Lawyer who is garnishing her wages for a credit card that was opened in her name without her knowledge by my dad. She tried calling him several times because he is taking $900 of her $2200 check every month which is making it impossible to pay our bills. Is there anything she can do to end this and maybe even get the money back? She had zero knowledge that this card was ever opened and also never received any notices because the one time they sent one they sent it to my father not her. He threw it away and never informed her about it. He has never picked up his phone despite her trying nearly every day.
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Apr 7, 2013 02:03
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powerhorse posted:My mom has a Lawyer who is garnishing her wages for a credit card that was opened in her name without her knowledge by my dad. She tried calling him several times because he is taking $900 of her $2200 check every month which is making it impossible to pay our bills. What state? If dad forged the signature, she should hire a lawyer to get the garnishment stopped.
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Apr 7, 2013 02:31
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Roger_Mudd posted:What state? California. She has a lawyer already for filing divorce and bankruptcy. I don't know if he even needed to forge a signature because couldn't he just open one online? I'm kind of surprised the lawyer didn't put a stop to it if that is actually a possibility, though I have no idea if she even told him about it. powerhorse fucked around with this message at 04:59 on Apr 7, 2013 |
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Apr 7, 2013 04:43
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powerhorse posted:California. She has a lawyer already for filing divorce and bankruptcy. I don't know if he even needed to forge a signature because couldn't he just open one online? I'm kind of surprised the lawyer didn't put a stop to it if that is actually a possibility, though I have no idea if she even told him about it. As soon as she files for BK, the garnishment will stop.
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Apr 7, 2013 05:31
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Silly questions - If I file a dispute on an account through all three of the credit boros, does that also count in terms of having disputed a debt against a collector? I guess more what I'm saying: Does disputing a debt with the boros mean that a collector can't call until the dispute is remedied/decided on? Or does that mean I have to pursue a dispute against each individual collector?
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Apr 8, 2013 20:34
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T-Shaped posted:Silly questions - If I file a dispute on an account through all three of the credit boros, does that also count in terms of having disputed a debt against a collector? Im confused, do you have multiple collectors going after one debt?
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Apr 8, 2013 21:27
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Don Lapre posted:Im confused, do you have multiple collectors going after one debt? No, just a single collector that's been up my rear end. I didn't send a verification request yet, but I started a dispute on my credit reports. Would the credit report dispute stop their calls, or do I have to do the verification request too?
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Apr 8, 2013 21:52
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T-Shaped posted:Silly questions - If I file a dispute on an account through all three of the credit boros, does that also count in terms of having disputed a debt against a collector? No. You have to inform the debt collector directly that you are disputing the debt.
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Apr 8, 2013 23:05
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powerhorse posted:My mom has a Lawyer who is garnishing her wages for a credit card that was opened in her name without her knowledge by my dad. She tried calling him several times because he is taking $900 of her $2200 check every month which is making it impossible to pay our bills. Isn't this credit card fraud, if not outright identity theft? Has your mom not tried doing anything about this beyond trying to call your dad and filing for bankruptcy? Maybe she needs to press charges for opening the card in her name and basically stealing from her as she's left on the hook for it. Wouldn't that eventually get her that money back, while punishing him legally for screwing her over?
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Apr 11, 2013 14:46
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This is probably a stupid question, but should I be worried at all that my name changed on my credit report and an also known as appeared? None of it is wrong, it just changed. For example: For the NAME line, it changed from First Middle Last to First MI Last Then in the ALSO KNOWN AS line it has always been blank, but it became LAST,FIRST,MIDDLE Is this anything I should be worried about in any way? Or is it just someone reporting my name differently to them?
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Apr 12, 2013 19:06
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Is: http://www.credityoda.com/pay-for-delete-letter.html A good template to use to try to get 2 delinquent accounts off of my credit report? One is a hospital bill from 2007 that I found out still doesn't have my correct address even after visiting them multiple times since that visit, and the other appears to have been a Comcast bill that never got to me when I switched addresses. Also, I had a credit card open with my bank that was closed because I had missed some payments in 2010; I've since opened a new/different line of credit with them, is there any way to get that closed card off of my reports as well?
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Apr 12, 2013 20:09
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Does having PMI protect a borrower who strategically defaulted on their home from a deficiency judgement? I really don't get how a lender could claim a deficiency judgement when they're protected by an insurance policy that I'm paying for.
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Apr 13, 2013 01:14
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Orange_Lazarus posted:Does having PMI protect a borrower who strategically defaulted on their home from a deficiency judgement? I really don't get how a lender could claim a deficiency judgement when they're protected by an insurance policy that I'm paying for. It isn't your insurance policy, it's the lenders. The PMI carrier assumes responsibility for collecting the debt and will come after you. Who paid for the policy makes no difference.
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Apr 13, 2013 01:27
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I've decided to handle my Chapter 7 bankruptcy myself, as it's a rather simple, clear cut case. I got this book on the recommendation of a local bankruptcy lawyer: http://www.amazon.com/How-File-Chap...er+7+bankruptcy ...and it covers, like 99% of what I need, but...there are still a few questions I would like to ask an actual lawyer who practices law in the state of Georgia. The problem is, they apparently won't do that for free, which is the entire point of filing myself: I'm broke, and just about every practice I've spoken to wants the whole fee ($1500 on average) up front. A couple of the "bankrupcy mills" will do it in installments, but I've heard of instances where they needlessly pushed someone into Chapter 13 simply because it would result in more fees for them that get rolled into the settlement. I don't want a Chapter 13, period. Do legal aid organizations deal with this sort of thing? If so, do I have to prove that I'm destitute or something before they'll talk to me?
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Apr 13, 2013 01:42
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Powdered Toast Man posted:I've decided to handle my Chapter 7 bankruptcy myself, as it's a rather simple, clear cut case. I got this book on the recommendation of a local bankruptcy lawyer: http://www.amazon.com/How-File-Chap...er+7+bankruptcy It's certainly your right to file your own bankruptcy. You can also preform your own surgeries but that doesn't make it a wise thing to do. If you have enough debt to require filing a BK, isn't $1500 worth it to know you aren't going to screw it up royally? Remember you can't file another Chp 7 for 8 years. The lawyers require the fee up front because if they didn't, they would discharge any debt you owed them in the process (thus working for free). A 13 has the advantage for folks that can't pay up front (the lawyer gets paid through the plan). No one can force you into a chapter 13, you have to have a meeting with a Trustee prior to discharge. Just tell the Trustee that you didn't want a 13 if that happens. If you are set on the pro se route, check out nolo.com. Edit: nevermind, your book is from nolo. If you want to wade through more "legal" text, check out http://shop.consumerlaw.org/bankruptcybasics.aspx Roger_Mudd fucked around with this message at 02:19 on Apr 13, 2013 |
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Apr 13, 2013 02:16
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