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Posts posted by MindBend

  1. I've been sent a collection letter from a local bottom-feeder for a $25 local tax of some sort. Sent validation letter via certified/Return receipt.

    I'd pay the $25 to make them just go away, but don't want to risk them reporting it. What if I see if they respond (doubtful) but in the meantime send them the $$ under separate correspondence to just make it go away?

    I have good credit and the $25 isn't much of a concern to me...the reporting IS!


  2. WOW, I cannot believe I have to actually explain this to you but okay.  It is here to provide guidance.  It is incredibly STUPID to allow strangers on the internet to make decisions for you.  For all you know the person posting the answer to you is a 14 year old kid at home with the flu.  If you are not capable of making a decision on your own then you should hire a financial adviser.


    Isn't that what I was asking for: guidance on a prudent next step?

    Yes, I disputed with the CRA's a couple days after my DV. TU rejected due to my address not being on file with them. EXP flat out rejected it...said they suspected that it was fraud. (even though it was a very simple letter, not copied).

    • Like 1
  3. They can not sue since it's beyond SOL. Additionally, I'd love to be sued for a $99 debt and see how the judge reacts.


    Your basis for them fulfilling their burden is hinged upon a rather unclear specification from FDCA as to what constitutes "debt validation".

    I can send a printout to you, along with a balance sheet, stating you owe me, but it doesn't make it so.


    There was old case law setting a rather obscure precedent, Chaudhry v. Gallerizzo, but some more recent case law in the Indiana specified a burden to provide more specific information Phillip v Frederick.


    If it is a matter of "YOU as the consumer have to evaluate your circumstances and decide what the next step is." why does this forum exist?


    Anon, thanks for your recommendation. I'll check with the OC...since it's six+ years old, who knows. 

  4. Your assertion/assumption that I am trying to do it "fast" is erroneous? Quite to the contrary, I have no specific credit need, so I can take as much time as I'd like.


    Admittedly, I am not extremely experienced at this, or I'd likely not be here, but I don't believe for one moment that when a CA responds with what looks like a very lame "account statement" that my only options are to:

    • Roll over and pay it or
    • Wait 'til it falls off my report.

    What about?:

    • Real proof that the services/products were actually valid (I realize that what defines adequate validation isn't clearly defined in FDCPA, but their own account printout doesn't seem enough).
    • The dollar amount is correct, etc. .
    • Proving that they are legitimately allowed to collect on it.

    If the burden for them to prove it is only in a court of law, if that's what it takes, I'll go there. As I mentioned, I have time, and fortunately I have the funds to do so. (not to read as I want to cause myself an extra headache and/or waste money).


    In ALL credit repair/restoration procedures, EVERY SINGLE ONE recommends DV as a first step. This is what I have done, if this stirs up a hornet's nest, then everyone must be wrong.

    I'd also assume, that by specifically asking a next best step, would indicate that I'm not looking to stir-up things and/or create doomsday sequence in a half-witted manner.


    We're talking about a few collections that are small, probably not very impacting at this point, but I'm looking to create a best-case-situation as I approach gaining some more credit.


    So, I'm not looking for advice on what not to do, what rather what to do.

  5. The one in the prior thread is double-reporting (both OC and JDB) and neither reporting sold nor did they validate.


    This one is a single-reporting item, and the CA did validate (with a rather useless computer printout which in no way can specifically prove this debt to be mine).


    Don't see how the answers can be the same.

  6. Send DV to local CA for small $99 utility bill.

    They quickly responded with a computer printout of account detail (meaningless obviously) and basically said, pay it or it will continue to report, blah, blah.


    My next steps I'm considering would be:


    Contact OC to see if I can pay and have them pull it back.

    Further challenge CA on details.

    PFD letter.


    Of course, I'd happily pay to make it go away.

  7. I have a $4xx collection at the same place. I have 1-2 punched them with DV and disputed with CRA's to no avail.

    Have another local CA reporting two small collections of $11x and $99. Same results. No response, no change.


    Would gladly pay them all in exchange for deletion.

    However, from what I've read, historically neither will sign-off on a PFD agreement.


    Advice would be appreciated.

  8. I sent disputes to all three bureaus on the same day (late last month).



    Today I get a letter from Exp stating "We have received a suspicious request regarding your person credit information that we have deemed did not come from you. We have not taken and action on this request. Any future requests made in this manner will not be processed and will not receive a response."


    Letter wasn't frivolous or lengthy, but simply, "I believe this items aren't accurate and am disputing them. Please investigate".


    Now that I have gotten the brush-off from Satan, what's next?



    Declined request since address is not on their file. I looked and it's an address which I never had.

    They are asking for proof via ID, Utility bill, etc.


    Just send it? What about having erroneous address removed?




  9. So, you are suggesting that if they validate, I should just assume that there's no other way? What about further challenging them?


    Since they are old and small, I am hoping that they either can't validate or will agree to PFD. Frankly, I'd be glad to pay to make them go away: $500, 100, 120.

    Of course, if they just want to update as paid, I'm not interested.

  10. Great info. On small medical collections (I have 3) which I've DV'd and gotten the CMRR green cards back.

    Not sure if it was proper, but I 1-2 punched with DV's to the CA's and right afterward (days) a dispute to the CRA's.


    How long should one wait to go to the next step and what is the next part of the procedure? (if, of course there's no deletion)

  11. Good stuff.

    As soon as I get my scores up, gonna refinance, so might be a good time to shake the tree.

    Would this be a good platform in getting some reporting lates modified is there's some malfeasance in the findings?


    My mortgage is current, etc. but in 2010 or so, had some financial difficulties and had to work out a restructuring with them.

  12. I think I would qualify for some cards with my TU at 665.

    My others have some derogs that are really dragging me down. Trying to clean up my derogs first. They total:


    1. This pesky util collection, amounting to $2K. Called OC and they sold it. I DV'd the new CA today. (6 years old).

    2. 3 small medical collections ($500, 100 and 125).

    3. One CC written off for $26. (4 or 5 years ago I had an auto-pay agreement with them and somehow the last payment must've gotten mucked) gonna try to Goodwill that one.


    Have recently DV'd all 3 CRA's too.


    Only positive trade is current mortgage, one 30-day late 18 month ago.

  13. Clydes is certainly correct on my post being wrong about them having to remove the erroneous trade...meant what she said, "They must CORRECT it. If not, THEN you have grounds for further action."

    Capital One is known to be very aggressive and persistent. They sued me twice and I beat them twice.


    The balance ballooned thanks to late fees and the interest rating escalating to the maximum allowed level once you defaulted until the account was charged off.

    Capital One does NOT do PFD and if the debt has been sold then you have the JDB and potential lawsuit to worry about.  The SOL in Michigan is 6 years and since you lived here prior to the default that is the one that will apply.



    If it is paid it is no longer hurting your credit score.  Deal with this last you have bigger problems to fix at the moment.  You can try a good will letter to Comcast asking them to delete and see if it works.


    FYI:  the other response is DEAD WRONG.  They are not required to remove an inaccurate trade line.  They are only required to correct the errors.  



    No it does not increase the SOL and it is NOT a violation as the other poster suggested.  The "date opened" is when the collection agency got it and it is not a violation to report when they got the account.  It has NO affect on the SOL for reporting which for.  Utility bills are almost never sued on though.  



    Paid is better than unpaid.  Since the debts are all relatively new and you are within the SOL to be sued AND could have to live with them a LONG time on a credit report the sooner you deal with them the sooner you will see an improvement in your credit score.  


    When at all possible you should deal with the original creditor and not collection agencies.  Sending a settlement letter with an enclosed copy of a settlement often gets the quickest results.  You can send a DV letter to the original creditor but that will only delay the amount of time it takes to get the accounts settled if that is your goal.


    DO NOT send a cease and desist letter to ANYONE of these if you are trying to clean up your credit.  That removes their ability to communicate with you at all.  It also motivates many creditors to go straight to a lawsuit.