Pheasant Gunner

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Everything posted by Pheasant Gunner

  1. I called my dealership on the 13th of March, 2017 and asked him some questions pertaining to a new car on their lot. I informed him that I would be trading in my 2016 vehicle on this new purchase if the deal was right. There were some good incentives on this vehicle and I was under the impression that I would qualify with a Ford Motor Credit auto loan on this vehicle. Both of my vehicles are through Ford Motor Credit. The next day on the 14th I arrived on the lot and they did appraisal value on my trade in vehicle. I authorized for credit with Ford Motor Credit and I found out through my Equifax Credit alert that the dealership sent my loan out to the lowest bidder. I was getting inquiries from banks I never heard of. My credit score shot down 12 points. I called the salesman and informed him that I wanted all bids stopped. By then it was to late and my credit report was already lowered by all of these inquiries that I did not authorize. I called All clear ID and they are going to work with me on getting them removed. I had to pay down $750.00 to get my payment under $400.00. The salesman was sorry that they did this and I told them to stop. I signed the form after the hard inquiries had already hit my credit report. Isn't that illegal for them check on a bidding frenzy with whom ever wanted to give a offer. Shouldn't they of informed me that they were going to do this? Is there any legal action I could follow up with? Please advise.
  2. I disputed 9 different trade lines on my credit report with T/U on 12/30/16. I received a email notifying me to go online to check the finished results. 6 different items stated new information on them, so I printed the C/R on 12/30/16 and compared the newest from 1/31/17. 4 of them have no change in anyway shape or form. What can I do since they informed me that there was new information and the report is identical as prior. Please Advise
  3. How does one start a arbitration claim against Verizon and CRA?
  4. Thank You so much for all of the information. I have filed a dispute with Equifax and will go from there. Again, Thanks
  5. This is from a letter I received from a debt collector whom was representing Verizon Wireless back in 2015. I was aware of my neglect for not paying Verizon but confused on to how the amount came to some plus $400.00 dollars. The debt collector agreed for a deletion to my credit report verbally so I settled for a little over 50% of the $400.00. The debt collector stated that the unpaid balance was from receiving 2 boxes for our land line into the house. I told them I tried to hook up and they did not work and Verizon local store would not take them back as a credit. After no relief I agreed to settle and have it removed. I called the debt collector and they said that it was Verizon that had to remove this account from my credit report. When I talked to Verizon a couple of weeks ago they claimed that the unpaid balance was from a broken contract. I disagreed and asked for statements which they sent the next day fed x but I only asked for 6 months and did not see the broken contract amount. The representative with Verizon stated it was against the FCRA to settle a payoff with a pay for delete. I read the FCRA and did not see such a statement. I also stated that there was a error on my credit report that was issued by Verizon and Verizon told me that I needed to call the collection agency. I have a letter from the collection agency with the amount I settled for, although it is only $58 bucks different on my report. Verizon claims they will delete from mistakes on my credit report. I emailed them and told them 2 mistakes, its listed as a open account and the amount of settlement is also invalid. They still are not willing to delete. After talking with them I reported my complaint through the Better Business Bureau and may have to take this to arbitration to get deleted. Verizon tells me it stays on for 7 years after the last settlement payment and I think it 7 years from the first delinquent date. Can you confirm? Much appreciated.
  6. I was just informed by Verizon Wireless that it is illegal to negotiate a settlement with a agreement that the entry from OC or debt. collector be deleted on one trade line with the CRA's, it that true and where does it state that in the FCRA laws?
  7. I have a collection on my credit report that was settled with a debt collector. The amount of the settled debt is incorrect on my credit report. I called the collection agency and they informed me that they do not report this on my trade line with the 3 CRA's. Verizon was there client and that Verizon reports this information. I do not have this in writing but the collection agency told me that after the last payment it would be deleted from my Credit Report. Verizon informs me that pay for delete is illegal. Is that true?
  8. Does a collection that is paid less that the full amount owed have a bigger negative impact on ones credit score verse a charge off that was settled and paid a lesser amount with a zero balance?
  9. I have a collection account that I settled by paying for less than the full amount. My credit reports shows Status - Collection Account with 0 balance. Shouldn't the trade line say paid collection account, or settled with 0 balance?
  10. When does a charge off, paid collection fall of ones credit report? Is it 7 years from the last payment or 7 years from the first delinquency?
  11. I have negotiated a settlement with a debt collector and agreed to make a one time lump sum payment in xxx amount of dollars next month. This will be a full and final settlement of the case which was through the Municipal Court within the state I live in. After receipt of the settlement check the attorney will file a dismissal with prejudice with the court. Additionally the collection agency's attorney will remove any negative past due references on my credit report. Please advise if this is enough to send as proof to the CRA and have this completely removed from my credit report after the 30 days if it still appears. If not legally worded correctly what would it need to be legally written to make sure that after 30 days it is completely removed with a 3 CRA?
  12. I have a civil suite against me by a collection agency and the creditor is Capital One card services. I show two collection accounts on my credit report and the agency that is suing me has mailed me exhibits with account numbers on them. I have disputed the Capital One Card Services account and they have mailed me back a copy of the dispute and have informed me the information is correct. The account # the collection agency has mailed me on a statement is not the same account # on my credit report report that is in collections. A trial date is coming soon and shouldn't this be dismissed because of different account numbers? I have no other Capital One card services cards. Please advise.
  13. The CA (The Bureaus ) complaint through municipal is not going very well. Our first phone conference the plaintiff stated that they had sent me the first set of interrogatories which I stated I have received. I had a attorney help fill them out and I sent them my interrogatories to then within the 28 day limit. On our 2nd phone conference a representative for CA (different person than the first) stated that they were considering dropping the case due to lack of answers and papers to prove this case. The judge asked them to respond my interrogatories before the final status conference on the 24 of this month. On the 16th of this month they copied me with 14 months worth of old statements which showed a account # on the statement and a check written by my wife for a payment. The CA was well over 3 and half months to respond and they still have not provided me or the court the legal standing to collect on this account. Last year I paid off a HSBC account through CACH, LLC. This complaint is from a different CA and it has HSBC card services on the statements. The CA is saying that Capital One was the original card holder and I never had a Capital One credit Card. On the 17th of this month I sent the CA and a copy to the court showing that on my credit report the HSBC account has been paid through CACH , LLC. The collections through Equifax shows this on my report. The Bureaus is showing on my report also with Capital One as being the original credit holder. The account # on the statements that The Bureaus sent is different that the one on my credit report under their collection account through Capital One. Both of these collection accounts shows the same assigned dates and the same date for 1st delinquency dates. The account # on The Bureaus through Capital One as creditor is not the same account # that the plaintiff mailed me on the 16th. I mailed through first class mail both of these accounts and The Bureaus claimed they did not receive them. The judges is setting a trial in 60 days with 15 day for motions and 45 days for something else. Any suggestion or advice would be appreciated. It appears they have lack of standing, they sent nothing on the chain of command on legally owning this to collect.
  14. The balance dates are different due to me settling with HSBC last year, Cach LLC. The Bureaus Investment Group is suing on the Capital One Card and that is why its most recent. Fridays status Conference with The Bureaus went OK. The Judge ordered a reply by final status conference on June 24th, 16. The lawyer confirms that it is having a difficult time finding the paper work. He mentioned that they are considering closing the complaint. Judge mentioned that I should mail the attorneys with The Bureaus a copy of my credit report showing the paid collections with CACH LLC. with HSBC original collector. If I do this then that is my Exhibit for ITS letter to The Bureaus and or CACH LLC. is exposed. I am considering sending The Bureaus a letter asking them to vacate this complaint with the Courts and the Big 3 CA. for starters. Please advise.
  15. This will be interesting. Today I have a status conference call through local court on the debt collector whom claims they own this account. I have asked in interrogatories to verify this ownership of said account with a 28 day response time and it has been over 2 months and I have not heard a thing. Recent Credit Report 5/26/2016 Credit Report/ under collections Debt. Collector Name with Agency Address Date Reported 4/2016 / Date Assigned 10/2012/ Creditor Classification: Retail/Creditor Name: Capital One Card Services Inc. Account # xxxxxxxxxxxxx, Account Owner: Individual Account / Original Amount Owed: $1,112 / Date of 1st Delinquency: 3/2012 / Balance Date: 4/2016 / Balance Owned: $1,580 Last Payment Date: Not Available / Status Date 4/2016 Status D-Unpaid Comments: Customer disputes this account information. Debt. Collector Name with Agency Address Date Reported 7/2015 / Date Assigned 10/2012 / Creditor Classification:Banking / Creditor Name: HSBC Bank Nevada N A ITS A / Account # xxxxxxxxxxxx Account Owner: Individual Account / Original Amount Owned $2,412 / Date of 1st Delinquency: 3/2012 / Balance Date: 7/2015 / Balance Owned $0 Last Payment Date: 6/16/2015 / Status Date: 7/2015 / Status: P-Paid / Comments: Consumer disputes this account information, Account paid for less than full balance. Account #'s are different for each entry.
  16. It was Cach LLC collector and I have paperwork where it was settled for less than the full amount.
  17. I understand that Capital One card services purchased the HSBC accounts awhile back and they can legally pursue collections account that were owed to HSBC originally. The situation that I am in is that CACH LLC collected a HSBC account last year which I paid and it shows on my credit report with a zero balance. Opened date is 10/15/2012. I settled for less than the total amount.  My credit report shows this in paid collections.

    In open collections I have another bill collector attempting to collect a Capital One Card Services as the original creditor and that is showing a open date of 10/10/2012. It is showing a $1,500 balance owed.

    Can Capital One collect on a HSBC account that shows a zero balance in paid collections?

    Please enlighten, the credit report isn't showing account numbers.

     

  18. My credit report shows a open collections account from a bill collector with the original creditor is Capital One Card Services with a open date of 10/10/2012. In my paid collections it shows a bill collector summary with HSBC as the original creditor with a open date of 10/15/2012, and it closed with a zero balance. If Capital One Card services purchased HSBC accounts a few years ago and last year the HSBC was paid off isn't this illegal.
  19. Sorry, I forgot to mention question # 13. Have you disputed the debt. with the credit bureaus (both the original creditor and the collection agency)? I have disputed with the credit agency on Equifax, its listed in collections, The Bureaus. Capital One Card Services. It has a different address to contact though then The Bureaus in Columbus Ohio. This one is Evanston IL.. Can not locate a Capital One Card Services anywhere on my report. Do have a Kohls Capital One and a Captial One Auto Finacne. The other agency that is listed in collections is CACH LLC , original creditor is HSBC and it is paid in full with a zero balance. This is the confusing part.
  20. 1. Who is the named plaintiff in the suit? Bureaus Investment Group PORTF OLIO NO 15 LLC 2. What is the name of the law firm handling the suit? c/o Kirschenbaum, Phillips, & Levy, P.C. 3.How much you being sued for? On Nov. 18, 2015 on the first complaint it was for $1,111.85 / On Dec. 28, 2015 the current balance is $1,564.90 If I am not mistaken under the FDCPA I sent my dispute within 30 days of the receiving of the first dunning letter through the Municipal Court I think the law states the Debt. Collector must immediately stop its collection activity. 4. Who is the original creditor? Capital One Card Services Inc... 5. How did you know you were being sued? Received a letter first class mail from the Municipal Court with the summons and complaint. Do not remember receiving a letter from Capital One, the Bureaus or HSBC card services trying to discuss this before going directly to through the court system. 6. How were you served? First class mail. 7.Was the service legal as required by State? As far as I know yes. 8.What was you correspondence (If any) with the people suing you before you think you were being sued? Nothing at all, no phone calls or letters. 9.What state and county do you live in? State of Ohio in Washington County. 10.When is the last time you paid on this account? I have no knowledge that this account even belongs to me. I have disputed this with the credit agencies 11.What is the SOL on this debt? 6 years in Ohio. 12.What is the status of your case? Received the Summons in the mail with me being the named defendant with my address attached. It showed the Bureaus Investment Group Portfolio NO 15 LLC, c/o Kirschenbaum, Phillips & Levy, P.C. , 4645 Executive Drive Columbus, Ohio 43220 as the plaintiff and the plaintiff's attorney is : Yale R. Levy. You are herby summoned and required to serve upon the plaintiff's attorney, or upon the plaintiff, if he has no attorney of record, a copy of the answer to the complaint within 28 days after service of this summons on you, exclusive of the day to service. Your answer must be filed with the court within (3) days after the service of a copy of the answer on the Plaintiff's attorney. Marietta Municipal Court / Filed Nov. 18, 2015 Complaint 1. Upon information and belief, Defendant(s) resides in Washington County, Ohio. Plaintiff, BUREAUS INVESTMENT GROUP PORTF OLIO NO 15 LLC is the assignee of Defendant's CAPITAL ONE CARD SERVICES, INC. account, account #XXXXXXXXX ("Account") 2. Defendant owes Plaintiff the sum of $1,111.85 for money owed to Plaintiff via Defendant's use of the Account provided to Defendant. 3. Defendant breached the Account's agreement by failing to make payment on the Account as required. 4. As a result of said breach, Defendant owes Plaintiff the sum of $1,111.85. A copy of a statement is attached hereto, and incorporated herein, as Exhibit "A". 5. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to comply with such demand. ( Does this mean they tried to call or mail?) 6. Defendant(s) received benefit from said Account. 7. Said Account was not conferred gratuitously, Defendant was expected to pay on said account, and as a result Defendant(s) has been unjustly enriched, all in the sum of $1,111.85. WHEREFORE, Plaintiff demands judgement against Defendant(s), jointly and severally if more than one, in the sum of $1,111.85, plus interest at 3% per annum from the the judgement date, the courts costs expended herein and all other that may be issued as provided by law. Respectfully submitted, By Attorneys Signature. I have gained more knowledge of how I should of responded to this summons. I should of listed each line item with a answer, but I did not know any better. Here is when and how I responded. Dec. 17, 2015 To : Marietta Municipal Court Case No. From Todd W. Stockel with mailing address. Please allow me additional time to investigate this matter. I may have to seek legal counsel regarding this complaint from plaintiffs attorney Yale R. Levy. I have reviewed my 2015 credit report due to experiencing credit fraud in 2014 and also tax fraud on my 2014 taxes. There is no account # assigned to Capital One Card Services or HSBC card services on this complaint or Exhibit "A". I have reviewed Exhibit "A" I have reviewed Exhibit "A" in the form of a statement showing a new balance of $1,111.85 being owed. Both of these pages have a very noticeable white tape out where the account # has been eliminated. Underneath the HOUSEHOLD BANK PLATINUM MASTERCARD heading is my name which is a different font size compared to any other typing on this statement. It appears as if it was added to this statement. I do not understand why I have not heard from HSBC or Capital One Card Services from this old statement of Aug. 10, 2012 to Sept. 10, 2012. I regret that this has gone through Marietta Municipal Courts filing for collection. I requested statements mailed to me showing the first 3 statements of when this account was opened and the last three statements prior to closing this account. ( Trying to see activity) I have refinanced my home a few years back and negotiated pay offs with several charge cards that belonged to my wife and I. HSBC was paid off several years ago at reduced rate due to unbearable interest rate charges added. Please forward me the requested statements with account numbers on each of them. I am not able to cross reference past vendors without account # s verifying that it belongs to me. Prior to me receiving this statement I am searching for old checks and account #'s. I feel that this obligation has already been paid. Respectfully Copied the Plaintiff. Letter head from Kirschenbaum, Phillips & Levy, P,C. Dated Dec. 28, 2015 Next is my name and mailing address. Re: Account number ending in : 3963 We received your request for validation of your BUREAUS INVESTMENT GROUP PORTFOLIO NO 15 LLC account. Knowing that your time is valuable the opportunity to address your request. Below are details of your account history: 1. This account was opened on October 1, 2007 2. The last account activity was on Feb. 9, 2012 3. The current balance is $1,564.90 ( Don't believe this is legal to increase this amount form the original amount filed on first notification of complaint.) BUREAUS INVESTMENT GROUP PORTFILIO NO 15 LLC records indicate that CAPITAL ONE CARD SERVICES, INC. charged off the above-referenced account on Sept. 29, 2012. The Original Creditor of your account is CAPITAL ONE CARD SERVICES, INC. Kirschenbaum, Phillips & Levy, P.C. now considers this request fulfilled. If you need any other assistance, please call. THIS COMMUNICATION IS FROM A DEBT COLLECTOR Here is a copy of the statement, its a duplicate of the first one sent in the original complaint filing. HOUSEHOLD BANK PLATINUM MASTERCARD My Name ( DIFFERENT FONT SIZE THAT ANY OTHER TYPING.) Household Bank Platinum Account Nunb ( white out tape to not see anything) Same date as the first one: from Aug 10,2012 to Sept. 10, 2012 Summary of Account is identical to the first Exhibit A Payment Address: HSBC Card Services, PO Box 5322 Carol Stream IL. Important Infromation The Hexagon designs (and variations), HSBC, THE WORLDS BANK, HOUSEHOLD ( AND DESIGN) AND HOUSEHOLD BANK are registered trademarks of HSBC Holdings pic or HSBC Finance Corportaiton and are used by Capital One by permission. Capital One is the issuer of this account. Account Number: New Balance $1,111.85 Payment Due Date : same as the first exhibit "A" There is a Confidential Disclosure of Personal Identifiers (rule 45 D of the Rules of Superintendence for the Courts of Ohio) Complete Personal Idenifier *****************3963 To Marietta Municipal Court From Defendant Date: Jan 14, 2016 Dear Honorable Judge, Group Portfolio No 15 LLC. I requested statements with account numbers on them to cross reference old accounts that were not provided to me per request. I received a letter stating: Account was opened on Oct. 1 , 2007 Last Activity was on Feb. 9, 2012 The current balance of $1,564.90 In my return replay dated in Dec. I noticed that this old statement did not show a account # on it. The area of the account # was blocked out with white out. It was very easy to see. I was specifically requesting a redacted version of this statement. Its impossible to know if this amount sought is correct, of if I even owe the debt at all. The first summons stated I owed $1,111.85 and the letter sent from Plaintiff on Dec.28, 2015 states the current balance of $1,564.90. Under the FDCPA I sent my dispute within the 30 days of receiving the first dunning letter through the Court. I understand that the Debt Collector must: Immediately stop its collection activity. why has the current balance increased. Send you information verifying the debt in a statement form I asked for the first 3 statements when this account was opened and the last 3 statements prior to the original creditor closing. I will need statements that are not censored of obscured. If the debt collector was assigned this task of collecting is should not be difficult to get this information from Capital One or HSBC. I have done this with several creditors when my idenity was compromised last year with my personal band and with the IRS. I did receive a statement that was identical to the first complaint date. No account #'s to verify. Debt verification according to the Federal Trade Commission is subject to the Debt Verification rule. This only applies to Debt Collectors. In the Debt Collectors response dated Dec. 28, 2015 there is a copy of a complaint personal identifier 3963. I have no idea what that number verifies. There is no explanation as to what that is in reference to. All credit reports that I have received has not provided account numbers for a verification, why did the plaintiff send duplicates that is obscured the same way as the first one is? I motion that the Marietta Municipal Court request a more definite statement. At a minimum: 1. A copy of the original written agreement between Capital One and myself on this credit card agreement. I prefer the copy signed by me. 2. If this account has been sold to another dept. collector, then I request that the new debt collector has the right to sue for collection of this debt. Please provide proof that this debt was assigned to it. 3. This dept collector has failed to verify and I ask the Marietta Municipal Court to dismiss this complaint. I received a letter from Marietta Municipal Court stating that a status conference was schedule on 1/22/2016 @ 2:00 pm. I received a letter from Kirschenbaum, Philips & Levy, P.C. on Jan. 14, 2016 Dear Mr. Defendant: Enclosed please fine the first Plaintiffs First Set of Interrogatories, Request for Production of Documents and Request for Admissions. I replied to the Plaintiffs first set in Interrogatories, documents and admissions from Plaintiff Counsel, Yale R. Levy. I mailed and dropped off copies to the court within the 28 days as required and had a certificate of service signed and dated. Please advise if you like me to send questions and my answers to all of these. Jan. 22, 2016 Had status conference over phone with Judge and I stated that I will not pay on a charge card that does not belong to me. The plaintiff informed the Judge they had sent the first set of interrogatories, documents and admissions to me in the mail. I confirmed that I had received them and was going to be responding. On Feb. 16, 2016 I dropped the Courts copy of interrogatories off to the clerk and mailed the Plaintiff's copy to attorney Yale R. Levy. In a separate envelope I delivered the Defendants First Set of Interrogatories, Request for Admissions and Request for Production of Documents to the Marietta clerk of courts and mailed a copy to Plaintiff's Attorney : Yale R. Levy. It was mailed First Class Mail. I requested that : Now Comes Defendant **ME*** , pro se, requests that PLAINTIFF, BUREAUS INVESTMENT GROUP PORT. NO 15 LLC. by and through it attorneys, KIRSCHENBAUM, PHILLIPS & LEVY, P.C., answer the following Interrogatories, Request for Admissions, and Request for Production of Documents within 28 days. 28 days would of placed the response around March 18, 2016. As of todays date my first set of Interrogatories has not been answered from Plaintiff's counsel. On Jan. 28, 2016 received a copy of a order that this matter came the Court for Status Conference on Jan. 22, 2016. Discovery on going. A final Status Conference will be held on May 27, 2016 at 2:00 p.m.. Please advise if you like to see the interrogatories from Plaintiff and the first set of my Interrogatories.
  21. The complaint filed through the Municipal Court had a Exhibit A attached with HSBC all over the statement. The account #s were not visible and there was a noticeable attempt to white out the account #. The plaintiff says the original credit holder is Capital One Card Services.
  22. I received a complaint from Bureaus Investment Group PORTF OLINO NO 15 LLC, c/o Kirschenbaum, Phillips & Levy, P.C. in Columbus Ohio through a Municipal Court in Ohio on Nov. 18, 2015.

    Plantiff, BUREAUS INVESTMENT GROUP PORTF OLINO NO 15 is the assignee of  Defendant's CAPITAL ONE CARD SERVICES, INC. , account # XXXXXXXXXXX.

    IT stated that I owe plaintiff the sum of over $1,000.00 for money owed to Plaintiff via Defendants use of Account provided to Defendant.

    Defendant breached account's agreement by failing to make payments on the Account as required.

    As a result of said breach, Defendant owes Plaintiff the sum of over $1,000.00. A copy of the statement is attached hereto, and incorporated herein, as Exhibit "A".  The exhibit has Household Bank Platinum MasterCard on the top and my name underneath. It has a obvious white out where the account # should be visible.  On the very bottom it has HSBC CARD SERVICES PO BOX ----- CAROL STREAM , IL WITH A zip code.

    Is this a third party trying to sue me? Is this illegal?

    Please advise.