head no longer in the sand

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About head no longer in the sand

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  1. Need some help from any and all? I am down to one collection account on my credit report. The debt collector is good ole Asset Acceptance. I owed the original creditor, Beneficial, $10,000 and my DOFD is Feb 2008. (Business went south, lost my home, started a free-fall and making my way back now.) I disputed this collection account with all 3 CRA's in mid-May. The result was "verified" by all 3 CRA's. Additionally, Asset Acceptance has been actively reporting every month now with new, additional interest costs. The balance is now $13,712, I have no documentation from Asset Acceptance, nor have I ever received a phone call from them. I'm guessing I received documentation back in 2008, 2009, but I haven't been able to locate it and have nothing at this point. They are not harassing me. I compiled this original debt in the state of Oregon. SOL in Oregon is 6 years. I relocated to Nevada in 2012. Here the statute is 4 years. Either way, this debt is beyond SOL. I just mailed out CMRRR second attempt disputes of this account, but don't feel optimistic that this strategy will work. I have not mailed out an FOAD letter yet, as they are not attempting to collect from me........other than actively updating the tradeline on the 3 CRA's with additional interest. I have not DV'd them yet, as I'm not certain of the ramifications. I also have not attempted the 623 method. So I'm opening this up to suggestions. Obviously this account will drop off in mid-2015, but I'm wanting to get it off sooner. At minimum, I'd like to take an educated stab at attempting to get this account dropped from the Big 3 prior to next Summer. Let me hear some ideas and I will execute ASAP.
  2. In theory, you are correct. The CA is not required to delete the account from your CR because you paid the OC. Additionally, I have not and did not pay off every OC during this process. In fact, I have one remaining collection that is past SOL but not met the 7.5 year threshold in regards to the CRA's still allowing this account to remain on my CR. I am not and will not pay a penny to this last remaining collection account. It's held by Asset Acceptance and they continue to report additional interest to all 3 CRA's every 2 weeks. I'm working on some other letter writing strategies presently to get this one removed. If not....I have to suck it up and wait until this coming January for it to drop off. With the accounts listed above, for reasons I won't waste your time with, I felt an obligation to fulfil my end of the bargain with the OC's. Once the OC cashed the check(s), and I received copies of them, then observed the CA's reporting them as paid, I disputed these with the CRA's and also sent not-so-nice letters to the CA's with included copies of the front and back of the checks - showing that there is no way they could report receiving my payments as I have evidence to the contrary showing that the original creditor ONLY received the funds and that the original creditor ONLY deposited the funds into their business account. i.e. - how could the CA report that they received the money when I have evidence showing that the OC received the money explicitly. In short, I am lucky that these letters worked, as my argument sounds goods, but is legally flawed. Nonetheless, it worked. It did not work with a PIF collection account with LVNV Funding, which most everyone in a credit-challenged environment has experienced. So I do have that one hanging out there with a zero balance. I'm still working on removal of this one through other technicalities. And as mentioned earlier, I do have one remaining Collection account with Asset Acceptance that I either have to ride-out the 7 1/2 year timeframe or hope that some letters and ongoing CRA disputes resolve on their own prior to. Cheers.
  3. UPDATE: After sending a copy of the CA's letter to each of the CRA's, I am happy to report that this collection account is now deleted entirely from all of my credit reports. Better yet, I did not have to give a single to penny to these debt collecting suckers. They did not receive their $231 of "interest". Getting better every day, every week, every month!
  4. I had to share some exciting news from today's credit score update. When I started this process on May 6th, 2014, using TrueCredit's site, my TU report contained 4 delinquent accounts and 10 derogatory accounts. Specifically, I had 9 collection accounts, and then some other bad stuff, late stuff, child support in arrears, home foreclosure in 2011, etc, etc. One thing led to another, which led to another, and I simply threw my arms up tried to ignore everything for a couple of years. I felt "stable" enough to start chipping away at all of these things and I can't believe how promising I feel just 6 weeks after beginning the task of getting my $#$# together. It may be a fluke, but my TU Vantage Score jumped from 550 yesterday to 620 today!!! Better yet, I am now down to 2 delinquent accts and 5 derogatory accounts on my TU. (Still more work to do on Exp and EQ, but they are improving, too, just a low slower.) Of my 5 current derogatory accounts, I am now down to; Child Support (youngest son just graduated from HS this month, so going forward every penny I continue to pay each month will bring this balance down at a much more accelerated pace. Asset Acceptance collection - It's past SOL, but can still be reported for another 18 months on CR. I'm going to let sleeping dogs lay with this one. Old Utility Collection account with CA - Obtained letter from CA after paying off the original creditor (utility) stating that this account will be deleted from all 3. Hasn't happened yet and I just received the letter last week. This did take some letter writing to the CA. LVNV Funding - Has a zero balance. I paid them off 2 weeks ago, and probably should not have. I'm now in strategy mode of disputing and hoping for a delete from CRAs. Key Bank - I did need to pay this one off. From ex's account that she let go. I failed to recall I was even listed on this until it appeared on CR. Paid it off in two months, sent GW letters to every executive office of corporation asking for mercy as my efforts to resolve were immediate and prompt. It was reporting as 2 derogatory accounts yesterday and that is now corrected, but ultimately would ilke to battle to have it deleted, not just paid. (It's showing as a collection/charge-off but was formerly a LOC.)I thank all of those who have scolded me, reprimanded me, encouraged me, etc. I still have a long ways to go and new habits to establish, but I feel like I'm getting a hold on my life again. Cheers!
  5. @Wins..... I have learned much from your advice. My naive hope was that paying off OC's where possible would allow me to manipulate either the CRA's as OC's were paid, NOT the CAs....or.....paying off the OC would position the CA to report erroneously, leading to a delete. I had not thought about the ramifications of updating old debts and making them "new", thus further hurting my scores. On another note, I sent a follow-up letter to the CA, stating that I do now owe a balance, sent him a receipt of the OC's zero balance statement, and a few other points that let him know I meant business. The CA sent me back a letter stating that my account would be deleted from all 3 CRA's. That is really what I wanted with particular account. Mission Accomplished.
  6. Well..........this is embarassing but I must confess something. I failed to send the DV letter to Asset Acceptance. In my scurry of letter writing, analyzing, developing a strategy for each collection account, etc, I realize that I did not send them a DV letter. My initial thought was to dispute with CRA and then wait for respond and new reports before DV-ing. Now that I realize this last remaining collection account is past the SOL, and because of the wisdom you have provided me, I'll just do nothing and wait for it to fall off. On a side note, since my initial CRA dispute, which the CRA's received CMRRR around the 25th of May, Asset has begun to report new balances to the CRA's every 2 weeks. It appears as if it's piling up interest charges at a rate of roughly $60 bucks each reporting. I've read about FOAD letters in many posts. My mind thinks I know what FOAD stands for........am I right in this thinking? @Winsthebattle - Thank you for your solid advice and knowlege. I'm listening to every word your saying...
  7. Well, after reviewing both of these tradelines, which as a reminder, are based on one account, I think I have discovered the problem, but I'm still at a loss as to the solution. Key Bank NA is listed as the creditor on one TL. Key Bank NW is listed as the creditor on the other TL. However, the creditor addresses listed in the credit report as identical. Only the name of the creditor is slightly diffferent. One is Key Bank North America (NA) and the other is Key Bank Northwest (NW). The account originated in Washington state - thus "Northwest" - I suppose. It stinks to have 2 derogatory accounts on my credit report for the cost of one formerly delinquent account. I'm shooting them a "c'mon man" letter explaining how this minor oversight on their part is really damaging to me. If this doesn't work, then I'll move on to harsher tones unless I hear otherwise from someone.
  8. I pulled my credit reports in early May 2014 to begin rebuilding the credit portion of my life, post-divorce, post foreclosure, new job, relocation, etc. Depending on how you look at it, my timing could not have been better (or worse). I found a Key Bank line of credit, of which I was a co-signer on for my ex-wife, which was opened in 2007. When we split-up, I completely forgot about this account. Additionally, I had failed to look at my credit reports for a numbers of years after losing the home in 2008. So....... I pulled up my CR and found that she quit making payments on her credit line as of Dec 2013. It had been referred to Key Bank's collection division in April of this year.....one month prior to me pulling my credit reports. I had the money and assumed I could make this go away by paying off the $1900 balance in 2 payments. I made a payment of $1300 in mid-May and paid off the remaining balance of $600 2 weeks ago (June 10th). (For the record, because we have been divorced and I reside in a different state, I have never received any statements/bills as my address is obviously not listed on her account.) I then sent goodwill letters explaining the situation to every Key Bank Executive Officer I was able to locate on their website. My hope was that they would take mercy on me and delete these tradelines from my CR. I mailed these June 13th, but have not received any responses yet. However, my credit reports finally did become updated. Initially, they were reporting the original tradeline, and it reflected 120 days late, as well as "sent to recovery/collections", with a balance of $1900. Additionally, their in-house Key Bank collection division was reporting a second tradeline, same account number, as a collection, with the balance owing. Now, both accounts/tradelines, show "opened" 3/12/2007, current balance 0, high limit $2500, status on both reportings as "collection/charge-off". In short, both tradelines appear identical in every column, from the account number, to the address of the creditor, date opened, last payment, etc. i.e. - I have two derogatory accounts listed in my CR for one single account, as I see it. Ideally, I'd like these to both go away, but realistically, I am hopeful that atleast one of them should be deleted. Is this as simple as writing a letter to them in a nice but firm fashion or is there a specific strategy I could employ to obtain the deletion of at least one of these derogatory TL's from my CR? Any help is appreciated!
  9. UPDATE: After a smart-a** DV response letter I received from this CA, I wrote them back and threatened to sue them based on several discrepencies they included in the DV response as well as how they were reporting erroneous numbers to each of the 3 CRA's. I sent this second letter CMRRR on on June 13th. They received it on June 16th. On June 17th, they wrote me another response letter with the following verbiage: To Whom It May Concern; We have requested that the above-mentioned account be deleted from your credit report and have notified the appropriate Credit Reporting Agencies. If you have any questions please feel free to call us at (866) XXX-XXXX. Sincerely, blah, blah, blah. Conclusion: I did not pay the additional $231 in CA interest charges and it's been removed from my credit report(s). WOOOOO-HOOOOO!!!!!
  10. Well....that cut and paste didn't work very well, did it. Here it is in easier print.... TU - Reflects a balance of $1072 (Utility bill of $847 plus their interest). They have not updated since April 8, 2014. EQ - Reflects a balance of $231. Their interest only - as principal balance was PIF to OC This was updated June 1, 2014. EX - Reflects a balance of $847. They have not reported interest or any updates to EX since July 1, 2011. Does the fact that they have not reported additional interest to EX allow them to do so now? Aren't they now required to show Paid in full on the Experian entree or can they go back now and add interest charges that are not reflected today? If nothing else, their reporting is sloppy. Any suggestions are kindly welcome. I suppose I'd even be willing to pay off the interest in exchange for a delete, but I'm not excited to negotiate with them right now.
  11. I apologize for a potential re-post, but I'm frustrated and want to find a way to remove a collection account from my CR. In short, I reviewed my CR with all 3 CRAs and began the process of cleaning up old collection accounts. The specific account I'm referencing here was an old utility bill from a home foreclosure. After reviewing my credit report, and knowing full well that I've never received a phone call or piece of correspondence from the collection agency listed on my CR, I called the OC (utility company) to inquire if I could resolve my balance with them in full. To my surprise, they said yes. The amount was $847 and I paid it in full immediately over the phone. I FAILED TO GET AN AGREEMENT IN WRITING THAT THEY WOULD ADVISE THE CA TO REMOVE THIS TL FROM MY CR. I paid this account to the OC on May 8th, 2014. I then disupted this account with the CRAs and DV'd the collection agency. They sent me back a letter on May 30, validating the debt and stating that I owed them an additional $231.19. I was furious. So, I called the utility company back to confirm that my balance was in fact "zero". They confirmed. I asked if they would instruct the CA to delete my account from the CRA's and not demand more monies, but they rejected me (politely) and informed me that any further questions I have must be addressed to the CA. I'm attaching what my 3-in-1 report currently looks like for this tradeline, as of June 18th. You'll note that Experian only shows a balance of $847 - which does not reflect any interest owed. You'll see that they did choose to update EQ but now reflect a remaining balance. Finally, you'll see that they have not reported anything to TU. Is there any loopholes or violations I can use as leverage to get this CA removed from my CR? Account DetailsPayment StatusCreditor Contact Credit Reporting Agency Credit Report Period 04/08/2014 06/01/2014 07/18/2011 Account Number 201116000410**** 41070** 41070** Condition Derogatory Derogatory Derogatory Responsibility Individual Individual Individual Current Balance $1,072 $231 $847 High Balance $847 $847 $847 Limit $0 $0 $0 Monthly Payment $0 $0 $0 Last Payment Status Collection / Charge-Off Collection / Charge-Off Collection / Charge-Off Original Creditor 04 EUGENE WATER ELEC BOARD EUGENE WATER EL EUGENE WATER ELEC BOARD Loan Term Loan Type Opened 04/28/2011 04/01/2011 04/01/2011 Reported 04/08/2014 06/01/2014 07/01/2011 Remarks Placed for collection Consumer disputes this account information|Subject has not satisfied debt.
  12. In September 2013, I received a letter from my employer's HR department advising me that I would be garnished for the next 2 pay cycles due to a writ of garnishment that was filed in 2009. Attached were court documents from Oregon, where I used to reside....with my ex-wife. The documents were addressed to myself and my ex-wife at an address I am unfamiliar with in Oregon, although I can assume the address listed is where my ex-wife lives. Because I don't talk to the ex, who did lots of nasty stuff leading up to divorce, I didn't fight the issue and just let the thing be done. The account was an old dr's bill from 2008. We were divorced in 2011. Apparently "we" were served back in 2009. I did not know this. Any and all collection efforts were news to me. This entire bill was news to me when I received this letter. Long story short, the CA successfully obtained a writ of garnishment as well as a judgment in both of our names. The judgment is now paid, but I want this "public record" off of my credit report. I called an attorney friend today, who practices in Oregon, and asked his thoughts on paying an attorney to file a Motion to Vacate based on some loophole or whatever. He said that would be difficult in Oregon, but suggested I contact the CA's attorney and offer to pay any "fees" the Attorney would incur in exchange for lifting the judgment. I located the attorney's name on the paperwork that came with my garnishment notice, but was shocked to find out that he passed away one month after my account became paid/satisfied in October of 2013. I just called the CA to inquire the name of the attorney they now use, and they told me they would not inform me of that. They also told me that this would be a small claims court issue and they do not have the power to remove the judgment....it's public record, blah, blah, blah. Anyone here have Oregon law knowledge that can offer me hope for any legal strategy to remove this paid judgment? Is there any legal loophole that I can use to get rid of this?
  13. This pisses me off... Discovered an old utility bill for $847 from a state a used to reside in, stemming from walking away from my old home in 2008 (foreclosed). Discovery was made when I began this credit report rehab project on May 6th or so. Account was listed by a CA in Oregon, with an amount of $1072. I had/have never received a phone call of piece of mail from them.....ever!!! I had the money, so I called the actual utility company to see if they would take my payment, hoping this would give me leverage to remove the CA and avoid the interest. They gladly accepted my payment for $847 and mailed me a receipt. I also DV'd the CA, after. I received a DV response from the CA stating the typical DV response, as well as a line stating that I have 14 days to contact them and make payment arrangements or they will proceed to the collect the amounts owed at the "clients discretion". The second page highlights payment made amount of $847 with a remaining balance for interest charges of $231.19. I sent a goodwill letter to the utility company, CMRR, stating who I spoke with, including that I paid the balance in full according to the people that I spoke with. They called me yesterday. They advised me that my balance was zero, but that I would need to contact the CA to make arrangements for the interest, as it is not part of their billing system, they have power to instruct the CA what to do, etc. I pushed back a bit, but it was going anywhere. Furthermore, and I do realize that they have 30-45 days to report any activity, NO ACTIVITY has been updated or reported on this TL. Payment was accepted on May 8th. I already disupted this with the CRAs. My thought is to send a response letter to the CA, but I'm not sure what to write/include, other than I'm pissed off, and I know that strategy won't get me anywhere. My objective is not to just get this thing reported with a zero balance, but to have it removed entirely. If I send a follow-up dispute to the CRA's, including a copy of the receipt showing payment to the original creditor, I don't know who the CA is, etc.....will that work to have it removed? Thanks for any and all guidance.
  14. - I totally understand and agree to the usurious interest rates comments. Ideally, as stated earlier, I just want to settle this thing, be done with them and get this TL off of my CR. (Is it ok to refer to a collection account as a TL?) Thank you, all three of you, for your responses/dialogue. Ironically, when I refreshed my truecredit reports this morning, there was an alert that EQ had been updated by Asset Management. I don't have access to the new EQ report yet, but I'm certain they have verified the account as reported, so we'll see what happens next. I don't even know if Beneficial, the OC, is still in business any more. The original account is now appearing anywhere on any of my CRs, so maybe there's hope there that it can be removed via this route? Thanks for the help.
  15. Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the debts that are mine, with the exception of this last remaining collection account. Of the 8 collection accounts I started with, I have only negotiated or paid 2 CA's. I paid monies to the original creditors, as they are who I was indebted to, ethically. My last account is with Asset Acceptance. The original creditor was Beneficial. I obtained a $10,000 credit line with them back in 2006 or so. In 2007/2008, I went through business hell, began the process of trying to save my home, which failed. At that time, Beneficial was the least of my financial worries. I have no documents from Asset Acceptance. No phone calls. Disputed with the CA's. Verified. I have sent a DV letter to Asset, CMRR, but am anticipating the typical response/letter. Asset reports the account as "opened" in Aug 2010, meaning that's when THEY started reporting this account to the CRA's. The actual Beneficial credit line accout is not on any of my CRs. (thankfully) They are reporting a balance of $13,600 and it appears to grow by approximately $150 each month. I would attempt to settle this for less than the amount, and will if possible, but every posting I read regarding Asset Acceptance includes lawsuits, and motions, etc, etc. I am obviously in the waiting stages of the DV response from Asset Acceptance, but I want to be prepared for my next steps. Ideally, if I can take care of this for $2500 or so, I would be thrilled. Can anyone let me know if they have had success settling a debt with Asset Acceptance for less than the amount? Keep in mind I have not been receiving letters, phone calls or anything else from them. I'm certain I have awoken a sleeping giant, but I need to resolve this last, remaining and somewhat large collection account for employment purposes with my new job/employer. Sorry for length of post. I know that's a no-no.