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Excellent thread! I've got a few questions, tho. First, how should I handle a debt collector who hasn't sent me a notice that I've paid? I closed a Bank of America account while it was in the negative due to a bunch of fees they charged, and they put me on Chexsystems, so I can't open a new checking account. I found a few banks that said if I could get a letter showing the balance had been paid, they'd let me open an account. I tracked down the agency that bought the debt, and paid it. Despite them saying, three times, that my letter was in the mail, I don't have it yet. I want to open a checking account goddammit, and it's been almost 30 days since they signed for my payment. What can I say or do to get them to send me my letter? I've got a few items that are listed multiple times on my credit report. I assume this is because the debt has been sold a few times. What's the best way to deal with this? If I want to contest a debt, am I better off sending a letter to the credit reporting agency, or to the debt collector? If I want to contest multiple ones, can I include them all in one letter; could I write Experian and say "I'm contesting the following items, blah blah" or should each item be contested one at a time? Thank you so much for posting this thread!
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Dec 20, 2009 01:00
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CubsWoo posted:This usually doesn't work. At best, you'll have a record or 2 drop off for a bit, then go back on once the collector notices. If you want to try anyway, check the bureaus for their addresses and the dispute procedure. But if the record dropped off because the collector didn't respond in 30 days, how can they just put it back on again? Couldn't you write the credit agencies and say "this has already been proven frivolous?" Or even seek legal remedies against the collector for fraud? I'm asking because I did dispute a bill that I didn't recognize, Experian agreed that it wasn't mine, but then I got a letter from a collector just a few days ago for the same bill.
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Jan 13, 2010 19:51
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A great article about suing debt collectors, it even presents the side of the debt collection agencies. Guess what? They don't approve of people exercising their legal rights! Who'da thunk it? Better Off Deadbeat
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Jan 25, 2010 18:49
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kolby posted:Okay, even if it's a long shot what should I say? Is this okay: "Hey, I've banked with you guys for 10 years now and this has never happened. I just sent the money order to collections, can I get my account back?" Good luck, you might end up in my situation. Bank of America put a notice on Chexsystems and now I can't open a bank account ANYWHERE. But, the company that BofA sold the loan to has screwed me over and violated several provisions of the both Fair Debt Collections and Fair Credit Reporting, so I'm about to send them an intent to sue letter. I'll let you know how that goes. Also, I spent $70 sending "Validation of Debt" letters to every single negative account on my credit report. One of them turned right around and said "sorry, our mistake, we're pulling the item from all three bureaus!" $650 right there, that I won't have to pay. And that's just one of the first out of 15 letters I sent out.
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Feb 10, 2010 01:47
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Factory Ten posted:I have a bill on my credit report for $74. Apparently its an old bill with Sprint that never got paid. Its now in the hands of some debt collections agency. While $74 isn't that much and I could offer to do a pay-for-delete, is there anything else I can try to get it removed from the credit report that'll save me some cash? Would my first step be to contact the credit agencies and dispute the validity of said item? Or would you suggest something else? So far, I've found that contacting the Credit Reporting Agency is a mixed bad. I've sent chexsystems two validation requests, and I just get a form letter back saying "yup it's legit" with no other documentation. I've had much better luck emailing the collection agencies themselves. But try both, it's only $6.00 to send a letter with a certified receipt, so try it.
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Feb 24, 2010 05:21
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DarthJeebus posted:Okay, so I definitely did not get served, and I don't think I'm being sued. My understanding is that they made a few bigtime violations of the FDCPA by not only posing as someone from the Processing Service office, but telling me that they were taking me to court when they weren't. What recourse do I have? I didn't have the presence of mind to record the phone call, but I did take pretty detailed notes. I still haven't gotten any sort of letter from them. Until you get the letter, you don't have a whole lot to stand on. So just wait and see if they send the letter, and try to record any future phone calls. If you just want them to leave you alone, send a letter asking them not to call you anymore, because no time or place is convenient.
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Mar 1, 2010 12:54
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What do I do when a creditor doesn't respond to a validation of debt letter? I sent out a bunch, and most of them have not responded. So now what? Do I send a copy of the letter and the certified mail signature to the credit reporting agency and say "Look, they didn't respond, remove it!" How do I "prove" they didn't validate debt in a timely manner?
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Mar 8, 2010 15:08
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CubsWoo posted:You don't have to prove they didn't validate - they have to prove they did. Send that info to the bureau, and a second letter to the creditor detailing what you're doing/warning them not to validate to the agency without proof being given to you. The tone should hint towards an intent to sue letter. Cool. Also, how do you monitor your credit? I've already pulled my free credit report from annualreport.com or whatever, but is there a good resource for keeping track of stuff on a more frequent basis? Is it worth paying the $15 a month to freecreditreport.com?
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Mar 8, 2010 19:25
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causticBeet posted:Im sure many places are legit, but everyone Ive seen in the business from the little corner i was in was scumbag after scumbag. We'd have collectors adding 1,000$+ to a 200$ debt, claiming to be federal employees, harassing the poo poo out of debtors, questioning all sorts of moral convictions, blah blah blah. You can however make this work for you, if you happen to have collectors harassing you. I made the mistake of taking out a payday loan like 3 or 4 years ago. Once I stopped paying, they had a robocall hit me every single day. Every day. For a while I ignored it, or blocked their call. But once I started educating myself, I took action. The next time they called, I told them that since I lived in Mass and this was a cellphone, it was illegal for them to call me at this number every single day. The girl copped an attitude and said "Are you a lawyer?" I replied "Do you want to find out? Keep calling. And for the record, every single call you make to this number from now on will be recorded without any further notice." That was the last phone call from them I've ever received. I also seriously doubt a payday loan would stand up to any kind of legitimate collection process; I never signed anything, just a few clicks on a website. In the three years since I've stopped paying, they haven't put it on my credit. I'd feel bad for "scamming" them if I hadn't already paid back two or three times the principal due to their horrid interest rates.
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Mar 30, 2010 15:09
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Some good news on my end, I finally got Bank Of America removed from my chexsystems account! I fought with the collection agency, and finally got a letter proving I paid the debt after threatening a lawsuit. But, even with the letter, they claimed they don't update chexsystems. So, just on a whim, I sent a dispute letter to Bank Of America. They never responded. I sent the following letter to Chexsystems : quote:Re : Bank Of America Account And it worked. I got confirmation today. So yeah, disputing and demanding they follow the law does work out in your favor sometime.
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Apr 12, 2010 22:47
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LorneReams posted:Most states have the law written up as "Knowledge" not "Consent". This is why they are telling you it can be recorded, so you know, not that you agree. I've won a civil legal argument stating that since they are telling me the possibility is there for the call to be recorded, that they know drat well it's a possibility. IANAL however, and it really depends on the state and the judge you happen to land in front of. Criminal is a different matter, and is actually a hot topic right now due to police using the wrietapping laws to bust people recording them in public. What if you just ask the person "So, this call may be recorded?" They'll of course say "Yes." Is that knowledge?
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Apr 16, 2010 20:56
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NancyPants posted:Capital One has been taking 25% of my paychecks since the beginning of March. I received summons at my mailing address (Sheriff's office served) that contained a dunning letter they say they sent me. I may have received it, and if I did it was not certified mail. They included no return receipt in their documents. The attorney who sued me represents the OC so I figured I couldn't show up to court and hope they didn't have their ducks in a row so I saw no reason to go. I don't mean to be a dick, but this is where you went wrong. Even if you don't think you have a chance in hell, show up to court. If you're not there, Cap 1 can make all sorts of claims, and the judge has no choice but to agree with them. You might be paying double your balance due to BS fees, or a 45% APR or something. If you're there, you can ask the judge for more reasonable terms, or even demand that they prove how much you owe. Always, always go to court.
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Apr 18, 2010 16:05
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Wide Area Network posted:Also, CubsWoo thank you so much for this thread. Your advice has been incredibly helpful and I'm am grateful to have you for advice! See my earlier post to Chexsystems about my Bank Of America account. Just send THAT to the credit reporting agency, and then document anything the debt collector does. Record phone calls, etc. Then bust 'em for violations after they keep coming after you, if you want to.
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Apr 21, 2010 19:27
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Ghostnuke posted:Well it couldn't hurt to discuss it in a purely academic fashion. Treat it like any debt; ask for validation from the original creditor (or collection agency) and if they fail to validate, send a copy of my letter to the credit reporting agency and have it removed. Odds are, if you've paid it off, they won't care enough to bother validating, so after a 30 day wait, the CRA will remove the item.
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Apr 24, 2010 18:16
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Ghostnuke posted:But I haven't paid it off. They're not my debts. Should I even bother trying to tell the creditors that I'm not the person they're looking for? Or should I just go to the CRA's and say gently caress those guys, can you take this off? Talk to the original creditors, and read the applicable laws. If you're not the person they're looking for, then they shouldn't on your credit report. It may take an Intent To Sue letter to get their attention, so make sure you know what laws they're breaking.
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Apr 24, 2010 19:48
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Ghostnuke posted:What kinds of things would be considered acceptable proof? Obviously I don't have any paperwork regarding these accounts, as they are not mine. The only thing I can think of to include is the Experian report that lists the other guy's name as an alias for me, and a copy of my driver's license that shows that he isn't me. Well, technically they have to prove it's yours. I'd send them a letter stating it's identity theft, and provide them with your SSN. Unless they can show that the accounts listed have used your SSN, by providing original documents, they must remove it.
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Apr 24, 2010 23:22
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Here's an update on my situation, which hopefully will be helpful for other people in the same boat. Last year, I had an $800 overdraft collections with Bank of America on my Chexsystems account, along with the following : Asset Acceptance Capital One Credit Collections Credit Management Financial Control Svc Healthcare Coll Inc HSBC Bank LVNV Funding LLC Midland Credit Management I settled with Bank Of America for $400, but still had to fight to get it removed from chexsystems. An Intent To Sue letter to their collection agency, combined with Validation letters going unanswered from Bank of America FINALLY got that removed. I send Validation requests to every other creditor on my report. Only two responded. Only two, out of 9. Those two? An old cable bill and an old utility bell. NONE OF THE OTHERS, not HSBC, not Capitol One, not credit management, none of 'em. Two of them just straight up removed my account the second they got a validation request. I've gone from owing over $10,000 to owing less than $200. Next week, I'm going to be sending removal requests to all three credit reporting agencies, and I'll let you know how that goes. But for now, their lack of validation means that $65 or so in CMRR letters has saved me over 100 times that. So, even if things look bad, don't be afraid to fight it. It really does work.
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Apr 25, 2010 02:23
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NancyPants posted:What was the amount of your largest account? Most were around $1,000. The two that did respond were the lowest.
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Apr 25, 2010 02:41
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NancyPants posted:So if you have a charged off debt but according to your credit report no other creditor has bought it and no one is trying to collect on it, do you contact the OC for a PFD? Dispute it first. Either they'll tell you how to go about paying it off, or they won't validate and you don't have to pay it at all, just have it removed.
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Apr 25, 2010 19:22
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Ghostnuke posted:Does anyone know a phone number to talk to an actual human at Experian? I got their corporate number (1-714-830-7000) but they keep transferring me to the automated system. Send a letter saying you've been denied credit from somewhere, and they have to send you a copy of your report. Have you tried that? What's happened?
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Apr 27, 2010 00:44
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What kind of company keeps track of an 11 cent debt? It's probably all part of some automated system. The Original Creditor kept all their debts in one big spreadsheet, and the collection agency just buys all the accounts older than a certain date, then has an automated thing send out dunning letters.
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May 1, 2010 13:22
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You've got a few options with Verizon. If you're currently a customer in good standing, call them and ask what's up. Second, I think OC's still have to validate. So send a Validation of letter to them. I've found that trying to get validation through a bureau like Experian is a waste of time, Experian just says "yep it's valid" and you get no other info. However, if you request validation and don't get it, then Experian must take it off. For the second one, dispute as fraudulent, or find out who the creditor is and request validation from them.
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May 3, 2010 00:26
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Jealous Cow posted:Called VZW and they "verified" that the account was mine, but would not (not could not, she told me would not) tell me account number, balance, or any other information. She said it has been assigned to a collection agency but couldn't tell me who or offer contact information. She also could not comment on the fact that VZW validated with the CRAs and reporting account as "open". Do it in writing, and mention some laws. Even OC's have to follow the FCRA and FDCPA, and once you have some stuff in writing, you can track things down further, and start legal action. On one hand, the amount is so small that hiring a lawyer seems like false economy, but on the other, if it's affecting your credit and your ability to get a loan, it's costing you way more than the listed debt. Send a letter to verizon. They are legally obligated to reply with ALL the information, or it comes off your credit report.
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May 3, 2010 02:01
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antwizzle posted:OCs do not have to follow the FDCPA, although some states bind them to it. But they do have to follow fair credit reporting, which means they have to prove the debt is legally owed, and provide information on how to pay it. The fact that they refuse to give an account number or contact info for a collection agency has got to be illegal. Give me a little time to research and I'll find the laws to prove it. Even if OCs are somehow exempt from any and all FCRA and FDCPA regulations, Experian ISN'T. And it doesn't matter what Verizon says if it doesn't show up on your credit report. At a quick glance, FCRA : § 1681g(a)(1 and 2) – CRA must provide all information, and the sources, in your report and § 1681s–2 Responsibilities of furnishers of information to CRAs § 1681s–2(a)(1) – Furnishers must provide accurate information, shall not provide info to CRA if notified by the consumer of inaccuracies An OC still counts as a furnisher, which means they must report all, accurate information. This means account numbers and contact info. Although OCs have a little more freedom than a collection agency, they still have to follow the law. Request validation, dispute, threaten legal action.
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May 3, 2010 02:18
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Jealous Cow posted:Thanks for the help. They went back and updated it making it look like a new CO and its loving me. I haven't so much as paid a bill late in over 4 years and poo poo like this keeps popping up. You need to sit down and write some letters to the Credit Reporting Agencies; 7 years is the limit for anything.
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May 3, 2010 02:30
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Jealous Cow posted:Yea ive been doing that for years, its like whack-a-mole. I get one removed and another pops up. File a lawsuit, especially for something so obviously bullshit like a 9 year old trade line. You can file yourself, pro se. Hell, just the threat of one, combined with a well typed formal/legal complaint will get someone's attention and make them think seriously about settling.
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May 3, 2010 04:55
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Auracounts posted:This a million times over. It's a clear violation to list anything that old. I would think the credit reporting agencies would remove it without need to validate, in fact. Write the reporting agency and say "this debt is over the time limit and you must remove it immediately." Then write the collection agency and say "you can pay me $1,000 now, or $1,000 plus legal fees later, because we both know you completely and utterly broke the law here. You have 30 days to send me a check before I file a civil suit."
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May 3, 2010 18:10
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Ghostnuke posted:Are there any specific rules about this? Can you say exactly that without crossing over into blackmail? Ha! No, because they broke the law. They are prohibited from threatening YOU with legal action, unless they intend to do so. That means their lawyer or law firm can say "we're gonna sue," but if some phone rep says it, that's a violation. I've gotten results (not a settlement, but the documents I'd been chasing for 6 months) after sending an Intent to Sue letter, combined with a 9 page legal complaint. I said "I'm going to submit this to the state court on such and such a date. However, to avoid the complications of litigation, I am willing to accept the following from you : Blah, blah, and blah." Another phrase that gets used a lot is "I will seek all legal remedy for your violations of the law." My case was much more tenuous than this one, though. A 9 year old trade line is completely against the law in every possible way, and the laws involved are what are called strict liability. There is no defense for breaking them. It's kind of like drunk driving; if you're caught doing it, you're busted, and there's nothing you can say that makes it okay. You're entitled to $1,000 per violation, and if the judge considers it a willful violation, you're also entitled to any and all court or legal fees you've incurred. If it was me, I'd send them a short letter, I probably wouldn't even bother with typing up the complaint yet. Just list the laws they've broken, explain that you know your rights, and you will be filing in court. However, they can avoid the additional expenses involved by paying only the fines right now, or they can pay both the fines and court costs later.
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May 3, 2010 18:46
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Iron Squid posted:If he sends out such a letter, how does one then go about suing the collection agency? Do you file charges in a local small claims court or what? I would file in your state court. State courts can handle these cases, and many states give additional protections above and beyond federal laws.
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May 3, 2010 20:01
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Auracounts posted:If I'm not very much mistaken, or unless the law has changed, they can't re-age it just because it changed hands. Definitely send a threat letter. Maybe even have papers ready to file. That's some straight bullshit right there. This is 100% correct. It must be aged based on YOUR activity, not theirs. Skip validation and send the threat letter, and get some paperwork ready in case they call your bluff.
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May 4, 2010 00:52
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bear is driving! posted:I received an answer for the PFD I sent to the major ding on my credit report, a charge off on an old auto loan. The letter reads something like: I think your first instinct is correct, reply with something like : "The only information I have is the information on my Experian credit report, which I have already provided. You have 30 days from the original letter to validate this debt, or you will be in violation of the FCRA. I will seek all legal remedies for your failure to comply."
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May 8, 2010 17:20
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bear is driving! posted:I called and spoke with the woman who wrote the response letter. I gave her my social to try to get moving forward, and she responded that the $768 being reported to the credit bureau's was incorrect, and that the value was in he $3,000 rage with accrued interest and fee's. How the hell do I combat this? What would the next step be? I'm writing them another letter that basically says "Validate or I'll sue via FCRA violation", but what else can I do? Is there any recourse to the fact that they are reporting one number to the bureaus and telling me to pay them another? Just to clarify, this is an OC and not a collector. Ghostnuke posted:In my admittedly limited knowledge, to me it sounds like you might want to just go straight to court. Maybe send an intent to sue and see if they settle, I bet they will because it seems like their claims are ludicrous and wouldn't stand up in court anyway. I agree on this. It sounds like BS, and court seems the best way to handle it. You might not even have to go that far; a strongly worded letter and a copy of the complaint you're going to file goes REAL far towards getting someones attention. Ghostnuke posted:Any opinions on this? Yep. I wouldn't even mention the fact that it got returned, just tell Experian that they failed to reply within 30 days. Experian should take it off. If the company does something after the fact, that's a violation of their duty to report accurate information. Listing the wrong address isn't accurate info.
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May 10, 2010 15:39
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LorneReams posted:Bullshit rant start: It works both ways. The problem with small claims is that either party (but in practicality only the loser) can appeal for a Trial De Novo. Every state is different, but the general rule is that the only requirement is you must file the appeal within a short time; 10 days in Texas, 30 in Louisiana, etc. Most states also require a bond. It basically starts the whole trial process anew, completely annulling the small claims case once it moves up to superior Court. That's why, if you're going to sue a CA, I recommend suing in Superior Court in the first place. OTOH, it's worth the appeal if you lose against a CA in small claims.
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May 11, 2010 17:30
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Manic Mailman posted:Sent the debt validation for my sisters student loan and got a we will ask creditor to authorize us to use a lawyer for suing you response if you don't pay in five days. Question is do I send a second validation letter referring to the previous validation letter or do i just wait for them to sue and show them the green card? That's tricky for me to answer. I guess if you're in a fightin' mood and don't mind getting sued and fighting all this stuff in court, then sit on your hands and let them dig themselves deeper. On the other, it never hurts to pad your chances a little more, and a second validation letter will do just that, and may even get them to realize they're making a mistake and start reasonable negotiations. What's the outcome you want? Do you want a court battle where you fight and win, or do you want them to just calm down and work out some sort of payment arrangement? I'd be tempted to say gently caress 'em, let 'em sue.
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May 19, 2010 12:32
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Unstable Pants posted:I have a bit of an unusual situation. Can you pull your credit report? That would have their information on it, or at least a name you can google. Next, record any phone calls you have with them. I'd talk to the gov'mint where you're living now; they're obligated to follow state laws where you currently live. Most of all, keep gathering information and evidence to use against them. If it does go to court, they have to sue you where you live now. It will be pretty easy to prove bad faith if they keep pulling these stunts, so get ready for it. From now on, stick to the line that you don't live at that old address, and nothing sent there will ever get to you. Your offer to have your relative forward it could be construed as it being a valid address.
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May 20, 2010 04:38
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Unstable Pants posted:Problem is that I live in another country, not just another state. Wouldn't that make it prohibitively expensive to try to sue me here? Seriously, gently caress 'em. I doubt wherever you are is going to arrest and extradite you over a civil case. If you plan on coming BACK to the US within the next 7 to 10 years, then you should do something about it, but none of these companies have any power over you whatsoever.
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May 20, 2010 17:48
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TerminalSaint posted:Well imagine that. After all those impolite calls asking for someone who hasn't lived her in more than a decade, this time the caller went from rear end in a top hat to incredibly polite and helpful in the time it took to say FDCPA. It's pretty amazing how quickly things change when you mention the applicable laws. I made the mistake of taking out a payday loan, and quickly realized that trying to pay it off was futile, so I just closed my checking account. They called me EVERY SINGLE DAY for 3 years! Robo calls, too, where you have to wait on the line for someone, and they were calling my cellphone. After educating myself, I decided to do something. Next call, I stayed on the phone, told the girl that she was calling a cellphone, which in the state of Massachusetts is against the law to call more often than once a week. She copped an attitude and asked "What, are you a lawyer?" I calmly replied "Do you want to find out? Keep calling. This is also the only notification your company will receive that any and all future calls will be recorded as evidence to use in any legal action I choose to pursue. You should note that in your records, as I will not give this notification again." Her attitude changed, and that was the last call I've ever received from them. Shocking.
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May 24, 2010 03:56
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