Do You Have Too Many Debts?

FYI – Court Hearings/Trials [court hearings] [court reporter]

admin — Tue, 03 Jan 2012 15:23:00 +0000

You may be aware, but I was not (because, as I'm new to all this). I found out that a court reporter at the date of your hearing / trial request, if your hearing is to be transcribed. At least this is the way it was in final negotiations Texas.
rn
rnMeine not “on the record” because I did not ask for a court reporter. It seems that my last MSJ hearing was postponed from 1 / 3 plaintiff's counsel more time to allow for the discovery. The next hearing is scheduled for 14.02. Then you can bet Bippy that I was a court reporter it this time!

Reply:gosh! that's expensive! here in my couty, in texas it is a flat $15 and it seems that a report is automatically scheduled to report to court during a summary judgment hearing. I am not quite sure what happened last time. I had two hearings scheduled together – one was a motion to compel discovery and the other was the summary judgment hearing. I suppose that since we really didn't get to the summary judgment due to the plaintiff being given an additional 30 days, it wasn't really considered the summary judgment hearing.

Reply:Yup… having a transcript of your hearing is a great cure for judges' selective amnesia.
The court reporters in my county charge $5.50/page if you want the transcript.

Judgement! Should this be mine? [sole proprietor] [fico score]

admin — Tue, 03 Jan 2012 10:23:00 +0000

Best Answer: Yes you should stay on them. It typically takes about 60-90 days before those changes show on a credit report. At the very least there should be a statement attached to the account on the other credit agency stating it is being disputed. Again stay on top of it. On the judgment in another state on the credit report there should be a Judgment Number and where the judgment was filed, typically the County Recorders office. use those numbers and call the County Recorders office in that area. YOu can then call them and get a copy of the judgment so you know what it was.

Reply:Welcome to the CIC, guy.
The court had mailed the date change denial to our physical street address. WE DO NOT RECEIVE ANY MAIL HERE. We live in the boonies and only have a PO BOX.Did you make this clear in your letter to the court?
Here's my question? If I let the insurance pay the claim, can the judgement still be on my personal credit report? Wouldn't they have to remove it since we did not pay the plaintiff a totally different party did???Unfortunately, since you are the named defendant and the judgment was issued against you, then the court was not wrong in reporting it as yours to the CRAs.

You will see a "Vacating Judgments" link at the top of this page. Read everything under that link for some very useful information. Since the date change denial letter was sent to the wrong address by the court, and if you made your proper address known to the court in your date change request letter, then you may have grounds for having the judgment vacated.

Just a gentle word to the wise (and this is addressed to everyone who is involved in a court proceeding, not just guy). Whenever you are involved in a court proceeding it is best to check on the status of the case on a regular basis, e.g. once a week. Just because you haven't heard from the court or the plaintiff doesn't mean that nothing is going on. Especially if you're the defendant you have the most to lose and so you must be proactive. Being sued is upsetting and more than a little scary sometimes, but "ignorance is bliss" definitely doesn't apply to court cases, especially if you're the defendant! Not criticizing anyone, just trying to be helpful.

Reply:See my reply to your other post

http://www.{$MySite}/phpBB2/viewtopic.php?t=29956&highlight=

Disputed Paid Collection came back verified with more recent dates! [dola] [truecredit]

admin — Tue, 03 Jan 2012 05:23:00 +0000

Reply:OK, so let me get the dates straight:

you have a CR that shows a DOLA of 5/4
you have a letter which states it was settled 10/4
so you dispute, it comes back verified DOLA 11/04 and 120 late as of 3/5

Is that right? If so, you have an s2b violation already. Good. SO now you send a letter, asking the OC how it can be reported as late, when you already paid in full. Do not quote the laws, or even mention the FCRA. Just a regular letter. Play dumb. Send it CMRRR.

When you get the card back, dispute again. If they reverify, you have a willful violation of the law. You can then ITS and even sue if required for the deletion.

For those bad check collections Certegy and ROI [check collections] [accurate info]

admin — Tue, 03 Jan 2012 00:23:00 +0000

I have one with each of the above was on my credit report for a year. I wrote both of them try to do the PFD (but not admitting they were mine). Certegy wrote back to the old “we have an obligation to report reliable information, so no, if we incorrectly reported or it is to counterfeiting or how to find, we can select only paid.
rn
rnFein, I let it go for about . 6 months, (they appear only on EQ) . then last month I challenged them with EQ and you know what?
rn
rnSie are gone ! Do the results of EQ letter today.
rn
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rnIch know, I knows . maybe show up again or there, all three of them now as I stirred the do-do pile, but I'll cross the bridge when I get anywhere.

CRA verfied questionable account in 5 days? [crapital one] [equifax]

admin — Mon, 02 Jan 2012 19:23:00 +0000

I contest a Crapital an account that I have. Curiously, Equifax able to review the bill like mine and get a letter to me within 5 days of my argument.
rn
rnDer reason I question is account activity on a map well into 2004. I'm not one that I ever used in '04. This is not the card I used. The credit is questionable?
rn
rnIch now wondering if this was a case of identity theft or just the CA-error and the fact there was nothing to no one is verfied. (Except that the record on Equifax database) What can I do now? I obviously can not send to disputes Eqifax if it falls on deaf ears.
rn
rnVielen Thanks for any help!

Reply:I think the CRAs ignore procedural requests. It will take a lot of lawsuits to change their attitude.

Reply:I agree,

your next step in your stratagy is to send a procedural request letter to the CRA. Make sure you send it certified with signature confirmation. let me tell you from experience, you may find yourself having to take it all the way to court.

If the CRA does not have a response to your procedural in your hand within 15 days then they must delete the trade line completly. Now this is where I ran into my problems. 15 days came and went without any response to my procedural. When I checked my credit report a month later the trade line was still there.

I sent a total of three letters to the CRA after the original procedural request and one ITS. After the ITS is sent and they still don't respond it is time to sue thier asses.

I just wanted to give you a heads up on where you might end up with your particular case.

Reply:You ask WQ for a detailed procedure of their reinvestigation. They have 15 days to give it to you.

If this is not yours, or you fear someone is using your card, you need to dispute with Crap 1. Be specific in your allegations. They have 30 days under the FCRA to investigate and report to you.

bummer.everything verified [accts] [bummer]

admin — Mon, 02 Jan 2012 14:23:00 +0000

Now, after a long absence from credit repair, I decided to directly re-sent to me dispute forms on all three CRA 8th Accounts, stating the accounts were “not about me.” On 9 / 28 Not only that they are all checked again in the last few days, but my fakco score dropped 7 points, 640-633 (wording was changed to a few accts, apparently for the worse.): (
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rnK?nnten it was efficient: roll: .! especially since these accts had stopped reporting in the last 2 to 4 years Is this the time, I can send a verification visit letter, or do I just wait and armed again in a few months, changing the cause of dispute:

Reply:thanks guy.
On the proc. request letter, is this my right under the fcra and they have to respond? I would guess that if I do a 'search' of the site, I could find a sample letter.

Reply:Sounds typical to me….send them another letter disputing something else within the tradeline such as account #, or balance…make sure you keep records of your diputes in case you catch them in a violation and could possibly take further action against them.

Or you can fire off a PR (precedural request) letter asking them how they verified the account.

Making some payment vs. no payment on Credit cards [credit card debt] [minimum payments]

admin — Mon, 02 Jan 2012 04:23:00 +0000

We have to come to the point where we fight to have minimum payments on our credit card debt even. We never have more than 30 days late, a payment, but we can not simply make some of the minima that are due, and we question whether it is better to make some type of payment vs no payment at all? Or do all creditor payments into account in calculating the minimum requirements adequately and treat it as too late?
rn
rnWir some of the options must not on this site and from what I've read, we want to study to do something about a debt settlement company without doing some really good research listed, but want to keep something good credit score, we have intact Sun long as possible.

Reply:Call your creditors and ask for help. Keep in mind that if you let some accounts go and try to keep others in good standing, some banks practice universal default and this could be trouble for you.

Reply:First step is to call each of the cards and ask what they have available for hardship and work from there. They won't all do it but enough might to help you get everyone paid. Also try to keep up on at least 1 or 2 of your top cards so you don't lose them all if worse comes to worse. Also many here have had to find some other way to increase income as well, and that's not always fun. Good luck.

Apt Complex Collecting for Termination of Lease [termination of lease] [forwarding address]

admin — Sun, 01 Jan 2012 23:23:00 +0000

I stayed in an apt complex in MI with 2 roommates. The lease was several.
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rnWir have in common and sold in May '08 (~ 5 month short of lease date) because one of the roommates brought a pitbull.
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rnWir are not owe rent for the period after the expulsion, but we owe an early termination fee and the reimbursement of the full rent of about $ 6,000.
specials rn
rnSie said they sent a letter about the debt to a forwarding address in the same month we were driven (May '08). You do not have a letter to all of us, as they claim, they are not obliged to. I did not leave a forwarding address and can not remember if I say office.
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rnUnn?tig submitted by mail, I never got the letter from the leasing office. Jan '09 I get a letter (and a call) by a certification authority demanding payment or they will reporting.
startenrn
rnDie CA does not own the debt, they are only representative of the apartment.
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rnIch had a lawyer write the contract and we owe the money . I do not have much money at the moment. Is there a way to get them from reporting at all? I am in full as long as they report not to pay, but a solution for a lower amount would ideal.
werdenrn
rnDank

Reply:Letter works. Send it, wait a few days then fire off a dispute to the CRAs. Good ole 1-2 punch method. If they verify with the CRAs, they're breaking the law under the purview of the FDCPA's definition of "Communication" in Sec 803. And you just won yourself 1000 dollars, go ahead and pass go.

Reply:Okay, I updated the letter again. Please, let me know if this version is better or not.

Here goes:
Dear National Credit Solution,

Yesterday, I obtained a copy of my credit report and discovered an account, with the partial account numbers 866155XXXX, in the amount of $239 that I allegedly opened with your company on 12/01/2008. I am assuming that you are the original creditor of the alleged debt since your company name is the only name listed with the alleged account on my credit reports. And since 12/01/08 is a relatively recent date, I am certain that I would remember doing any kind of business with your company. However, I have absolutely no knowledge of this alleged debt. Therefore I am respectfully calling for its immediate removal from my credit reports unless your office can provide me with competent evidence that the debt mentioned above is valid and mine. I can not simply take your word for it and pay up nor will I be coerced into paying any debt that I do not owe just because you are reporting it to the credit bureaus. In addition, I have not once received any letter, phone call, or correspondence, whatsoever from your company regarding this alleged account. Your company suddenly just appears on my credit report! I have reason to believe this is an attempt by your office to extort money from me. I am therefore writing a request of full validation of this alleged debt. According to the Fair Debt Collection Practices Act, 15 USX 1692g Section 809 (b), I have the right to request competent validation of said debt. Just because you say I owe you money, does not make it true or legally binding for me to pay you.

I am not merely requesting for verification, I am asking for competent evidence that the debt is mine. If National Credit Solution can not provide full and competent validation of the alleged debt, your office MUST DELETE the alleged account from my credit reports. If you can NOT validate your claim, you can NOT, by law, collect on it. Please resolve your error immediately!

P.S. All correspondence by you to me in regards to this matter must be done in writing and sent through postal mail only!

Sincerely,

Reply:I obtained a copy of my credit report yesterday, and to my dismay I noticed a mysterious account from National Credit Solutions for an amount of $239 that I allegedly opened in 12/08. I know that can't be true….because I have not opened any credit account with anyone since HSBC last April. And now this company is saying I owe them. I immediately wrote a DV letter addressed to them that I am planning on sending first thing monday morning certified mail. Anyone has had any experience dealing with that CA. I am posting the letter for any suggestions, insights. P.S. All i see is their name, date account opened (12/01/08) and $239 amount owed. I have no idea what this is for and it does not say on my account what it is for. Anyway, below is a copy of the DV letter i am planning on sending to them. This is my very first DV letter, so i really need some insight into making it an effective one.

Here goes:

Dear National Credit Solution,

Yesterday, I obtained a copy of my credit report and was surprisingly discovered an account, with the partial account numbers 866155XXXX, in the amount of $239 that I allegedly opened with your company on 12/01/2008. I am assuming that you are the original creditor of the alleged debt since your company name is the only name listed with the alleged account on my credit reports. And since 12/01/08 is a relatively recent date, I am certain I would remember doing any kind of business with your company. However, I have absolutely no knowledge of this alleged debt. Therefore I am respectfully calling for its immediate removal from my credit reports unless your office can provide me with competent evidence that the debt mentioned above is valid and mine. I know my rights as a consumer and I will not be coerced into paying any debt that I do not owe. In addition, I have not once received any letter, phone call, or correspondence, whatsoever from your company regarding this alleged account. Your company suddenly just appears on my credit report! I have reason to believe this is an attempt by your office to extort money from me. I am therefore writing for a request of full validation of this alleged debt. According to the Fair Debt Collection Practices Act, 15 USX 1692g Section 809 (b), I have the right to request competent validation of said debt. Furthermore, I am assuming that you know that it is illegal to report false negative information against a consumer to the credit bureaus. All the following must be provided to adequately validate the alleged debt mentioned above or it must be immediately removed from my credit reports:
1. Signed credit application between myself and the original creditor
2. Copies of all signed vouchers from the date account was opened until default
3. Copies of all statements from the date account was opened until default
4. Proof that the amount you say I owe is accurate
5. Proof that the statute of limitations has not expired on alleged debt
6. Proof of agreement that you were hired by the original creditor (creditor as defined by the FDCPA) to collect this debt (I am assuming you are the original creditor since National Credit Solutions is the only name listed on my report ) or

7. A copy of the contract that National Credit Solutions purchased the alleged debt from the original creditor

8. If the alleged debt was purchased, provide a copy of an agreement between original creditor and myself, signed by me, stating that I have a contractual responsibility to pay the alleged debt

9. Provide proof that National Credit Solution is bonded/Licensed for debt collecting in the state of Florida

Failure to provide ALL of the documents requested to validate the alleged debt will invalidate any and all claims that your office is asserting regarding this alleged account. If National Credit Solution can not provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from my credit reports. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Please resolve your error immediately!

P.S. All correspondence by you to me in regards to this matter must be done in writing and sent through the mail only!

Sincerely,

Reply:The statement

CA: Yeah it's actually Federal Law to report within 30 days

is worth $1000 to you.

Reply:MI is a one party state, and I just happened to record the call for the heck of it so I could accurately tell a lawyer what we discussed!

Here is the exact conversation:

Me:I think $500 a month [from me and my other roommate] from each of us is enough to keep this off of our credit reports. It will all be paid off within 6 months and we will be…

CA: …But I can't do the 6 months [installment plan] for your credit

Me: But I don't understand why though

CA: We're really not supposed to be doing that period

Me: I mean, it's not a law or anything saying that you Have to report

CA: Yeah it's actually Federal Law to report within 30 days

Me: What law is that?

CA: If you go online you can probably google it. Look up the Federal Collection Law and you'll probably be able to find it on there.
…

Do I have something or did she choose her words wisely enough?

Reply:Something that struck me as odd is the CA told me they are required by federal law to report to credit bureaus. They claim there is no way to arrange installments without still putting it on my credit report. They referred me to Federal Collection Law "it's in there somewhere"

No it's not, and that's NOT what FCRA says.

Neither FCRA nor FDCPA requires any credit reporting to any CRA. What they DO require is that IF something is reported, it must be accurate.

Another BS story they will give you is the claim that law prohibits them from deleting a TL, accurate or otherwise. That is also Bill Collector BS.

Here's what I would do:

1. Check my State Laws regardting the taping of telephone calls.
2. If you are in a 1-party State I would buy a tape recorder and hook it up to my telephone.
3. If you are in a 2-party state I would call the CA back and listen to their Outgoing Message when you call it. If it says "this call may be recorded" they just gave consent for you to record.
4. Call the CA again and get the OGM on tape. Ask the collector to clarify – "did you say it was illegal for you to delete my trade line?" "Did youtell me it was illegal to arrange a series of payments without reporting it to a CRA?"

Get them to make a false statement (both of those are false). Get that false statement on tape.

Then call back again and talk to the Office manager – tell him "You have a choice – I can play this recording for you only if you will agree in writing to a PFD. If you don't I will be playing it for the Judge."

Reply:The 7 years reporting period (the SOL is something different) begins from the date of first deliquency. So, the clock has already started running in May 08.

Reply:Yes, I've read that I could dispute it off because the CA won't want to bother with the paperwork after they've gotten their money. But there's no guarantee on that.

Are there any other options that I haven't exhausted?

By the way, when does the 7 year SOL start? 6 months from when the CA starts reporting or do I have to actually get sued for the money first?

Reply:They claim there is no way they arrange installments without still putting it on my credit report.

No, that's not in the law. But there is always the possibility that if they report it, you can dispute it off your credit report later, after you've made all of the payments.

Reply:Ok, I've tried asking them and of course they're not budging. I made the rookie mistake before I read this forum and told them I need to make a major purchase soon and can't have this on my credit.

Something that struck me as odd is the CA told me they are required by federal law to report to credit bureaus. They claim there is no way to arrange installments without still putting it on my credit report. They referred me to Federal Collection Law "it's in there somewhere"

A friend told me to tell them if they touch my credit report they won't get a dime (but actually be prepared to take the 7 year hit if they call my bluff)

Reply:I don't have that much cash right now. Is there any way to get out of them reporting at all? I'll pay in full as long as they don't report, but a settlement for a lesser amount would be ideal.

You have to ask. It's that simple. Ask for a settlement that includes not reporting and/or deleting it from your credit report. It's up to them to accept. You may need to go a couple of rounds until you both agree on terms.

Yet another W&A victim [national city] [creditor]

admin — Sun, 01 Jan 2012 18:23:00 +0000

Reply:I think they are just 2 separate issues that should be dealt with individually. Keep on with your motion to set aside judgment AND file a motion for vacation (yes, I am ammending my first answer).

Reply:Thank you.
My 21 days were up on Friday, but I did file a Motion and Affidavit to Set Aside Default judgment. Is this not enough? Or should I/do I have time to ask the judgment be vacated?

Reply:Take one step at a time. Basically, what I would do is have the judgment vacated first.

If they file another lawsuit, it is a completely different case and everything starts over. Yes, you are within the statutes of limitations, but they may not have a thing on you. I'd also report these guys to your state attorney general.

Reply:Thank you for the response. I was hoping to hear from someone.
This is what I wrote as the defense:

I did not receive a Summons and Complaint, therefore was not allowed my right to file an Answer with the courts. Wolpoff and Abramson (Great Seneca Financial Corporation's attorney) failed to serve me with this.
I did not have the right to request Verification of the debt, therefore never getting any proof that the debt was actually mine under the FDCPA.
I the defendant have the right to be informed of any legal actions against me and certain procedures by law are required. I have lived at the same address (stated my address) over 3 years and would have received any papers in the event that they actually sent them to me, which they did not.

I have done extensive research on Wolpoff and Abramson and their practices at obtaining judgments. Through my research, I'm sure they will produce papers that show they followed procedures, but in fact will be unjust and untrue. No paperwork ever came to my home to inform me of this lawsuit.
I feel I am also a victim and they did not follow the Michigan Court Rules and Procedures.
By law, I have rights and they were not entitled to me.

The FDCPA requires that debt collectors send consumers a written notice that includes, among other things, the amount of the debt, the name of the creditor to whom the debt is owed, and a statement that, if winthin thirty days of receiving the notice the consumer disputes the debt in writing, the collector will obtain verification of the debt and mail it to the consumer. The FDCPA also provides that, if a consumer does submit a dispute in writing, the consumer must cease collection efforts until it has provided written verification of the debt.
I did not have the option in this lawsuit. No form of communication was sent to me.

I the defendent was not properly notified. I did not in fact have knowledge of the pendency of the action and ask the court to set aside the default judgement until the proper procedures are taken. I would like to excercise my rights to be able to be heard.

*************************

I do understand that if they prove the debt I will have a judgement anyway. But I believe the violated my rights by slipping this through behind my back.
I would also ask the courts to establish payments, and hope that would exclude them from draining my bank account, which I cleaned out yesterday. I will end up closing it.

Now, if I pay, and the case gets dismissed, how will that show up on my credit report?

Reply:What did you cite in your motion to set aside the default judgment?

Did you state that you were not served?

Next, you have to think about what you have to gain. MI has a 6 yr SOL. You last paid in 2002 and that leaves 2008 for the expiration of the SOL.

If you set aside the default, you will be heard, they will have to prove the debt, but if it is valid and they have the documents, you will have a judgment anyway.

Do you have the $ to pay this? If so, you may be able to get the default set aside, pay the debt and then have the case dismissed. I haven't had any experience with W&A so how about some who have chime in here….

Reply:I also wanted to ask anyone what should I do if the courts deny (not sure of the exact wording) my motion to set aside? Will I get another 21 days or ? to file something else again?

How do they know where he works? [pressler] [new job]

admin — Sun, 01 Jan 2012 13:23:00 +0000

We have a constant problem with trying u0026 Pressler Pressler, collect a debt from an old credit card, and we get paperwork from them all the time. The paperwork listed employer.
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rnAber always be a few months ago my husband his job and started a new one. I have never told her he got a new job he was for or where the working conditions . but the most recent papers, we have to be performed by P u0026 P employer.
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rnIch new'm just curious how she found out he got a new job and who he works for now. We are not trying to hide from them or anything . just curious, you know.
rn
rnDank

Best Answer: Yes it's legal, and they will probably require a notice from his employer stating that benefits are NOT offered there.

Reply:http://www.debtorboards.com/smf/index.php?topic=4607.0

This has a lot of info on how the sneaky bastards operate.

cool

Reply:It's just not that hard for them to find that kind of information, including all those dirty tricks.

Do You Have Too Many Debts?

FYI – Court Hearings/Trials [court hearings] [court reporter]

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Judgement! Should this be mine? [sole proprietor] [fico score]

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Disputed Paid Collection came back verified with more recent dates! [dola] [truecredit]

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For those bad check collections Certegy and ROI [check collections] [accurate info]

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CRA verfied questionable account in 5 days? [crapital one] [equifax]

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bummer.everything verified [accts] [bummer]

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Making some payment vs. no payment on Credit cards [credit card debt] [minimum payments]

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Apt Complex Collecting for Termination of Lease [termination of lease] [forwarding address]

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Yet another W&A victim [national city] [creditor]

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