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Everything posted by credithelp2013

  1. I can only hope they file suit as the alleged debt is beyond the SOL and I would love to catch them on a FDCPA violation.
  2. I sent a DV letter to Calvary Portfolio almost 2 months ago. Today I received a letter stating that Calvary acknowledges my dispute and the request for account validation. It goes on to state the they have already ceased collection efforts relating to the alleged account. It also states that they will contact me again and either provide validation or an update on the account status within 60 days from the date of this letter and that no collection efforts will be made unless and until account validation is provided. My question is should Calvary still be reporting this to the Credit Bureaus as this account was still listed as of today. Also should I dispute this again and if the credit bureaus come back saying this was verified I could provide them with the letter that Calvary sent stating all collection activity is top until and if validation is provided. Any thoughts, comments and or suggestions welcome.
  3. I applied and received a notice of withdrawal from the IRS for a tax lien. As I had no time until later in the week to go to the post office to send the lien release CMRRR I decided to fax the release to Experian. Later that night I received an email stating my dispute with Experian was complete and to long on to see the results. I was pleasantly surprised to see that tax lien release that I had sent earlier in the day was processed and deleted from my credit report. Today I pulled a new Experian report in hopes of seeing a jump in my credit score due to the deletion of the tax lien. While the lien no longer shows my credit score stayed the same. Shouldn't I have seen some kind of score improvement due to the removal of the tax lien from my credit file?
  4. Thanks for all the replies. Thanks for the response. Still wondering why this month's reporting from the CA created this alert listed below as it has already been reporting for a long period of time. Potentially Negative Alerts notify you when one of your accounts has reported information that may negatively impact your credit score Alert Date 6/6/2013 Source: Experian
  5. Sorry for any confusion. The entry is listed only once. What I was trying to find out is since this alleged collection account has already been reporting for some time now and this account would already be factored into my credit score would the fact that the creditor reported a new balance which triggered a credit alert on my account stating this was a potentially negative item effect my credit score again?
  6. The same CA. The only difference is in the amount which has increased about $150.00
  7. I have a collection agency reporting an alleged debt on my credit report. This has been reporting by them for a couple of years. Yesterday I received a credit alert that new potentially derogatory information has posted to my credit file. When I looked at my credit report the new information was the same alleged account that the colllecction agency had already been reporting. Will this new reporting affect my credit score? Can a collection agency re- report the same infformation?
  8. This was clearly an attempt to contact me regarding an alleged debt as I received a collection letter from the same law group and it was signed off by the same person who identified himself by leaving his name on my answering machine. Based solely on the assumption that the contact was made regarding an alleged credit card debt would it be now be considered a violation? As I have written documentation showing they are attempting to collect a debt from me it would seem that it would be hard for them to now claim they were contacting me for another matter.
  9. Today a CA left a voicemail on my answering machine. The person that called never stated that they were a collection agency and did not read the mini Miranda statement. The person identified himself by name and said he was with ___ Law Group and stated they were looking for me and if anyone at this number had any information of my whereabouts please return his call. He stated that this was an important business matter, but never stated that he was collecting a debt. I have seen the Law group mentioned on this and other boards and they usually work for CA's.
  10. I answered my phone today unaware that it was a collection call from Midland Funding. Once I realized who it was I stated I did not recognize the alleged account that they were calling about. I asked for validation by mail and stated that it was inconvenient for me to receive phone calls and that I requested any further contact be made by mail only. The account manager stated that I would have to call another number to request validation and until I did this he could not guarantee that I would not be contacted by phone. My question is was my original statement of no phone contact enough to protect my rights under the FDCPA or would I still have to call again to request validation and no phone contact from the collection agency.
  11. I'm not a defendent as of yet. I am anticipating that the JDB will file suit at some point prior to the SOL passing. Because of this I contacted a consumer credit attorney. He reviewed the documentation I have received to date and he believes there is a valid FDCP claim. He has agreed to cover all costs with regards to this and to also defend any lawsuit arising from the JDB with regards to this account.
  12. Thanks for the replies. Was not sure if taking a portion of the statuary rewards was common. I did look up the recent filings by the attorney at my local court and they do have a significant amount of filings against CA's. I will see if the attorney would be willing to forgo the statutory percentage.
  13. I contacted a local consumer credit attorney and discussed my situation with a large JDB and the Credit Agency attempting to collect a large alleged credit card debt on their behalf. I provided them with documentation I have received as well as voice mails left by the CA. Based on the information provided they would like to pursue this on my behalf. All Attorneys fees would come out of any possible settlement so I would have no up front costs. If the attorneys are successful in suing for volition's under the FDCPA the attorneys would receive 33% per $1000.00 award. As I would be happy just to have this removed from my credit report and was originally planning to represent myself if served by the JDB this seems like a no brainer to go with an Attorney to represent me. Any thoughts, suggestions, advice or anything I may need to know before going forward would be appreciated
  14. I read on another board that collections accounts should not be reporting terms. I have two collection accounts that I am in the process of disputing. Both of these accounts are listed on my credit report as collection accounts and both term 1 month. I read that if I never entered into any type of agreement with the collection agency that this should not be listed with terms since no terms were agreed upon. Does anyone think this would be a valid and succesful way to dispute these items with the credit bureaus?
  15. As I am new to this site I may have some of the terminology wrong. The reason I want to improve my Fico/ Credit score is that I would like to Refi my current mortgage. My current Fico is too low to qualify.
  16. As I am trying to improve my credit score and currently I have only one open credit card account with a $300.00 limit would it be a good idea to apply for another card to increase the amount of available credit or would a hard pull negate any benefit of a new card
  17. On my credit report it lists a Capital One credit card as still open. I know that this account was closed by Capital One in 2011. I logged onto the online account access and the account shows the account as restricted. I called Capital One to see if the account was actually closed or if possible that it might be reinstated. The Rep. said that he would check into this for me and placed me on hold. The Rep. came back and said that unfortunately this account could not be recativated. He said that what he could do was close the account completely. At that point I told him that I was not sure about closing the account because even though it was closed by Capital One it shows as open on my Experian credit report and my fear is if it was closed it might hurt my credit score as it would show me with less available credit. The Rep. convinced me that even if this was showing as open on my credit report it was reporting with a zero available credit balance. He stated that if I closed the account today that they would stop reporting this account and it's complete payment history. The Rep. was actually pretty helpful and said that if my purpose was to improve my credit this was the best way to go. As this account had numerous late pays and they will not drop off until 2017, I went ahead and had him close the account. Was this the right thing to do?
  18. Need some advice on using the Delaware Choice of Law Provision . I have an alleged debt that has been purchased by a JDB. Because of the size of the alleged balance and that the 4 year SOL is just under a year away I am expecting the JDB to file suit at any time. Would it be a good strategy to contact the JDB by writing a certified letter stating that based on the Delaware Choice of Law Provision and Delaware's 3 year collections SOL that this alleged debt would be past the SOL and therefore filing a suit would violate my FDCPA rights. Thoughts?
  19. As I am expecting the CA to file suit before the 4 year Calif. SOL passes would it be wise to contact them and state that this alleged debt is time barred from collection based on the Delaware SOL?
  20. I received a letter from Convergent Solutions regarding and alleged debt. This is apparently an alleged charge off from Sprint that they claim to own. The present balance is under $400.00. this will be past the SOL date by the end of this year. Based on the balance it appears that the chance of litigation would be minimal ( my personal assumption) As I am trying to work on the negative reportings on my credit report I thought it would be worth the shot to call Convergent and see if they would be willing to pay for delete on this alleged account. I explained to the customer service rep. that I spoke with that I did not know of this debt and was unaware of it's existence until I reviewed my credit report and that I dispute that the debt is valid. I said in an effort to minimize the damage that this is having on my credit I would be willing to possibly pay to have this deleted from my credit report. The customer service rep. stated that they do not pay to delete and that if we came to some sort of settlement agreement it would be reported as settled. Has anyone had any success with pay for delete. Would it be worth calling back and asking to speak to a supervisor.
  21. I am in the process of sending out a DV letter to CA. While researching for the right DV letter to send I noticed in a post that all the CA has to provide for proper validation is who the original creditor was, the alleged amount now owed, that they currently own the debt along with the mini -miranda statement. In looking at the Dunning letter it appears the the CA has answered these questions. Should I still send out a DV letter or should I respond a different way.
  22. I am about ready to send out a DV letter to a CA who has just contacted me about and alleged credit card debt. This alleged debt is about 10 months away from the SOL. I had read that arbitration does not stop the clock when it come to the SOL and was wondering if this might be a strategy to prolong this past the SOL date with the obvious hope that a lawsuit is not filed.
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