he_who_is_poor

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he_who_is_poor last won the day on June 9 2018

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  1. Previously... on LOST So that was interesting. I just got a letter today from them saying "we received your request for an investigation... after investigating... stopped all collection activity, returned account to creditor..." shows 0 balance on the account(on their letter). So I'm not sure if this is good or bad... it sounds good. But maybe it's also like "Alright, he's alive and well, send in the hounds" At any rate thanks. Moving up, may have some wheels soon(friend fronted me some cash)... whoah oh... living on credit... (Bon Jovi) I'm not happy about it.
  2. I mailed the DV letters. I mailed two letters. As they had two different addresses on the letter. I used the short sample DV letter from this site. Date on their letter is the 24th last month. I received it a few days past that. Pro: I made a decision/may control the outcome(despite probable loss/no immediate benefit) Con: May not help me at all/still get sued. Will see.
  3. Alright. I'll post whatever happens. I'm still not free, fear of losing job etc... oh well. Thanks
  4. Well, after much reading, it seems that what they sent me is already enough for validation eg. named the OC, creditor account number(last 4), exact amount owed. I will still send the DV, maybe buys me time. I'll most likely confirm with USAA if they did in fact hire CBCS to collect on it. Then I'll work out a payment plan hopefully to avoid the whole lawsuit thing. I'm not sure if they'd even give me the chance initially without going straight into a lawsuit. I'm not really concerned on the reporting at this stage as my credit is still destroyed, although I wonder if I would get two reports on it(the charge off, then collection) which actually when I think about it, that's how other accounts worked.
  5. This is something on my mind too. I don't deny the "paying back, not blacklisted and not sued" as positive things. However there is also no return on my behalf regarding credit score, I just lose money. I think I can afford to do the DV > Set up payment plan, though delaying it for a bit like a month or two could help. However since it's dealing with OC and the issue of incurring the debt from out of state, and trying to avoid court/garnishment in general... I could just eat the bullet/pay. edit: I've also read on forums(possibly here) that CBCS (often?) doesn't respond/validate so yeah. I don't know. Maybe it's a basis/defense at least if I have that checkbox checked of having sent... but what if it wasn't "the right address?" Crap there's also: Being the initial info of amount/creditor and the 30 days stuff(which I have all of this info) so maybe a DV isn't even necessary/would do anything. I could/will have double activity on this account. The original by USAA saying account is charged off, then something from CBCS saying it's being collected on/in collections hmm.
  6. NY, which has an SOL I believe of 6 years, so I assume I don't have SOL argument on my side. I think I know what I have to do: DV > Payment Plan = no lawsuit? As from what I've read here, dealing with OC is harder than JDB in court and the sum if split up, I could afford and the benefit(of not being blacklisted) is a plus. Though my credit is destroyed and I can't seem to budge it at this time. the defaulted cards are only 20% of the total debt(other is student loans). Not related but if PFD were a thing/possible maybe it would help, thankfully credit score is not a huge issue for me at this time, I was able to secure a place to live. Sorry rambling.
  7. This is an interesting point. I've seen that Midland does it(mention the "we can't sue you") though I don't really understand. The amount is low(relatively) just over $700 for that debt. These cards all defaulted about the same time when I became jobless. So it's curious why that account isn't suable. All originating from NY and receiving communications in MO/KS.
  8. So this is my current thought process, I am the reader's guinea pig. SOL from NY will probably be applied/considered if not 5 year KS SOL, so my 3years+ from last account date won't help me there DV can hopefully buy me a little bit of time, but can draw attention to myself While it would not be impossible to pay the amount in full(means taking out more credit, not sure actually if I have it, not all my accounts are zeroed at this time) probably best to setup a payment plan Do I talk to CBCS or USAA? I imagine CBCS unless I can talk to USAA and have them "take it back" I'm still researching. The DV letter people said it's as simple as "prove this debt" but the samples I look at do that listing of "prove these things/provide" which I'm told they don't have to... so I'm not sure. I think my plan will be: Send DV letter(after deciding on which one) CMRRR Talk to USAA(after receiving validation letter?) to verify from their end that it's assigned to this CA(not sure what good this will do) If/when CBCS responds, work out payment plan I think this one of those cases where you're fighting the OC not a JDB in the event of a lawsuit and I can do the slow payback of monthly payments(though it would be like a car payment or something in amount)
  9. Well I'm not entirely sure. Others have said "USAA does not sell its debt" This letter says briefly: "Your past due account(s) for the amount shown above were placed with our office for payment. So I'm not sure if this is like Discover where they hire someone to go after you but you pay the second party and it goes back to Discover. Even if this debt is valid, SOL would just protect me from a judgment but won't stop their attempts to collects on it right? The statement "If you notify this office in writing in 30 days after receiving this notice that you dispute the validity of this debt, or any portion of it, this office will obtain verification of the debt or a copy of a judgment and mail you a copy of such verification or judgment " I'm just curious what stops them from sending me some "judgment" that may not be real. I know this sounds like a conspiracy question. I would hopefully be able to disprove it provided I can find it online/the court info. I know hopefully that has not/will not happen. And then I have to tread/go about this lightly. How do you bring up past SOL if you're validating the debt. Or is that part of my debt validation letter to say "You can't collect on this debt." I don't think that's true. edit: I do want to add, paying this back is something I would consider if I can convince them not to sue me(this kind of agreement I entered when dealing with Discover(prior to finding out forums to get help from like here) so paying in chunks eg. monthly. I think the type of agreement I was in was if I failed to make a payment I was automatically sued or something I don't know, it's not great but assuming a stable life and not too big of payments doable. I'm gonna go find some DV samples. edit: is it really this simple? quoted from willingtocope I mean I'm cool with that, I don't introduce anything that could hurt myself other than a letter coming from my address but they already have that. This one(external link) seems kind of extreme about "defamation of character and such" but I like that it mentions "Prove that you are within SOL" Thanks
  10. I think the letter from CBCS is telling me that USAA owns it. So far on my credit reports(from sites like credit karama/credit wise/etc...) all I've got for USAA is that this debt was charged off as bad debt. Is the point you're making that I should expect to deal with USAA rather than CBCS or the legitimacy of CBCS's involvement with USAA? The balance is also exact from last reported. It is a bit of money and I don't have it at this time if they expected payment in full. Regarding the "black listing" paying them back in full overtime would be interesting as long as it didn't reset the SOL where I could be suable. Which I'm still unsure about that some sites say 5 years and many say 3. Some users here say 3. There is also the possibility of being sued out of state which would suck as I don't live there/can't make it back. That's where this account was active. Thanks
  11. I can't help but wonder if them taking me to court is inevitable regarding SOL. How can I bring up SOL if it "supposedly isn't mine" eg. DV? I get that DV can be legitimate from my perspective in the case of "I've paid it off already or this isn't mine" but there is also the "can you collect on this debt". I want to avoid court but I guess I have SOL as a defense and if I'm sued out of state then I guess I'm the other SOL. I'll pick out a good DV and get it written/mailed. Having a 9-5 it's problematic to send mail, will try for lunch or come in late.
  12. That sucks about the lawsuit. That is a chunk of change too right there. More than I've ever been allowed so far probably a good thing. I take it she was in the statute of limitations? The blacklisted thing while it sucks, is not a big deal yet. I'm also financially stuck for a while but it is good to know that I can resolve it. The concern is if I start talking to them, does that reset the SOL clock where they could then sue me. Which I'm still wondering do I DV I'm under the impression the answer is still yes. I'm hoping to get that letter sent out by Friday but need to make sure it's right.
  13. I know. Generally not my interest to screw people over but when your finances implode... Still overall bad decisions on my part and not understanding money/credit. Is resolving it still a possibility do you think? I mean it's discharged/so old. I imagine I would have to pay it back in full as well/maybe payment plans. Not sure if interest factors in. I think I had a similar thing happen with Discover where I dealt with a second party but I think it went back to Discover. I paid it back in full over the course of like 2 years. How would I approach this? Skip CBCS and talk to USAA? I have heard of double payments when you pay the OC instead of the CA.
  14. I may have said it wrong, the letter is from CBCS and says: Creditor name: USAA, creditor account #, balance "Your past due account(s) for the amount shown above were placed with our office for payment" So am I actually still dealing with USAA? While it's a chunk of change, if I can still get on good terms(laughable) by talking to OC that could be something. But 3 years SOL, my credit score is F'd thankfully my fear of not having a place to live due to that has been solved in the mean time.
  15. First I should note aside from potentially(hopefully) being past SOL, this debt is legitimate in the sense that I once had this account/failed to pay/defaulted/have not touched it since. >They ARE required to stop collecting until they do validate. So if they choose to return it to the original creditor and stop contacting you about payment they are in the clear. why would they give it back? I'm wondering as well as to what level this is eg. JDB or a Discover type that will sue and win. I don't think I can pull any arbitration on this card though I'm not sure of the "provider" eg. something like synchrony. This is a credit card. So that's great to hear about the 3Years as it is past SOL but I am concerned about seeing 5 years from other sources. The OC is USAA I know tragic, I was mooching off the military history of my family and I ruined it. Regarding the Validation letter I assume/saw in some examples that the main thing I would bring up is "this debt that you allege I owe is beyond SOL". The potential caveat is that I used to live in NY where I opened these accounts. However I read that it is in the state that you are "prosecuted"? That the SOL matters. Good to hear about the garnishment protection however I would also like/prefer to avoid court at all costs only because I do not do well in that environment as I have demonstrated in the past. Thanks for your time.