Determined1

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About Determined1

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  1. Hi old friends and new friends. It's been awhile and recent circumstances brought me back to CIC to ask and share information regarding credit and collections. Recently, I began receiving a series of collection emails and phone calls on the same alleged account. I never received a proper notice in the mail from either party, just emails. I have received separate calls from each collection agency, sometimes on the same day, both claiming to represent or collect for the same party. Can two separate collection agencies ever operate on the same alleged account, both claiming to represent the same alleged original creditor? If not, what violations of the FDCPA and TCPA might arise?
  2. Hi Friends, It's been awhile since I've posted and thought I would check in, say hello and ask a question. In the wake of a natural disaster, are there any federal regulations that prohibit banks / lenders from reporting a late payment to the credit bureaus for a consumer located in a state and county that was declared a federal disaster area? If there is a period that credit reporting is affected, how long does it last? Thanks to all who may have any info!
  3. Excellent article on how to raise your credit score, and the major components affecting your score. How to Raise Your Credit Score, Fast http://www.bloomberg.com/news/articles/2016-05-10/how-to-raise-your-credit-score-fast
  4. John Oliver skewers credit bureaus for false reporting of consumers' credit histories and failing to take proper measures to correct errors in this hilarious presentation. http://time.com/4288093/john-oliver-credit-reports-last-week-tonight/
  5. Hi, A question for my CIC friends: When a credit card issuer does not have typical retail bank operations, but is primarily an issuer of credit cards, and issues a credit card through a standard retail bank, who is the proper reporting entity listed on a credit report? For example, lets say First National Bank of Omaha (who has no retail locations) issues all credit cards for First Community Bank (who has retail locations), who is the proper party to be reporting on a credit report? Thank you.
  6. This is a must watch behind the scenes video for anyone receiving debt collection calls: http://www.insideedition.com/videos/3437-watch-dirty-secrets-of-debt-collectors
  7. I have been researching HIPAA and the potential for a private right of action. Others have opined that HIPAA does not provide a basis for a private right to sue and cause of action. Based upon a review of the law, this appeared to be correct, ie. an individual cannot sue using HIPAA as the cause of action. However, several state court cases have recently set legal precedence that show an individual can sue using a cause of action of "negligence" or "breach of duty of confidentiality" with a reference to HIPAA and the law's "standard of care" requirements. It appears when plead carefully, federal appeals courts are validating the approach as perfectly legal in the original state legal actions when there has been an improper disclosure of medical records. My read of this is an individual could also plead "breach of contract" if the contract required confidentiality of medical records in accordance with HIPAA. Two interesting articles with supporting case law on the topic are posted below. http://www.mcguirewoods.com/Client-Resources/Alerts/2011/6/HIPAA-May-Provide-Basis-for-State-Law-Private-Cause-of-Action.aspx http://www.driven-inc.com/hippa-violations-may-result-in-private-right-of-action-under-state-law/
  8. I've posted a few times on this topic and came across an interesting article and comments from a leading credit industry expert and directly from Experian on the matter tonight. I had to post this for your thoughts and comments. After receiving an IRS 1099-C form from a creditor, also known as a "Cancellation of Debt" form, there is a debate on the creditor's continued legal right to collect, and how the matter should be reported to the credit bureaus. Regardless of where you (or court opinions) stand on the issue of future debt collection, the secondary issue of credit reporting appears to handled differently by different banks. One bank may report a balance of $0 after issuing a 1099-C, while another will continue to report the full balance as still due and payable. The following article, written by credit expert John Ulzheimer, sides with the position of an account being reported as "Balance Due $0" after the issuance of a 1099-C. Even more interesting, Experian's Vice President of Public Education stated on this topic: “If the lender agrees to settle the debt for a lesser amount, the account should be reported with a zero balance because the consumer no longer owes anything to the lender. The tax burden is between the consumer and the IRS." Here's the full article: http://blog.smartcredit.com/2012/11/01/why-did-i-get-irs-form-1099-c-from-my-credit-card-issuer/ Has anyone sent a copy of their 1099-C to a credit bureau and successfully had them change a reporting balance to $0 ?
  9. I received a 1099-C last year for a closed business credit card from an original creditor (account closed in 2009). Despite the issuance of the 1099-C, the full amount of the charge off is still reporting on my credit reports. My understanding of 1099-C's and credit reporting is if the original creditor intends to report to the credit bureaus, it should now be reported as: "Balance Due $0." I had one other account fall into this scenario and that bank changed its reporting to "Balance Due $0". I plan to dispute the legitimacy of the charge off, the amount stated on the 1099-C, and how it is now reported to the credit bureaus. I am considering litigation or arbitration of the dispute. I think the 1099-C / credit reporting issue may be an FCRA violation, but having a hard time locating the correct rule or statute to support me. Can anyone advise what rule or statute states that post issuance of a 1099-C the credit reporting amount should be $0 ? Thank you.
  10. Hi, In late 2010 I had a negative item appear on my credit reports from "Advanta Bank." Advanta Bank failed in 2009 and was shut down by the FDIC and State of Utah. They were heavily fined for deceptive and unfair business practices (ie. offering a 0% introductory interest rate and then rate jacking their customers to 38%). Advanta Bank ultimately declared bankruptcy. As far as I could determine, the FDIC was set up as a receiver for their deposits, and any debts owed were sold off to junk debt buyers. The former owners of Advanta have been individually sued for breach of fiduciary duty and other misconduct by the FDIC in relation to their ownership and management of Advanta. I disputed in writing to the three credit bureaus, providing proof from the FDIC that Advanta Bank no longer existed and could not be the reporting entity. I also disputed what was reported, because it was purely false and erroneous information. Equifax and TransUnion immediately deleted the info. Experian refused to delete the information and has continued to refuse my written disputes for the past four years. I have been turned down for credit as a result. I recently invoked arbitration over this and multiple other issues based upon the credit monitoring contract I have with Experian, which states clearly it covers FCRA disputes. I have yet to hear back on my arbitration demand, however, today I received in the mail a postcard advising me of the class action Michael Dreher v. Experian, specifically on this issue of Experian falsely reporting data from "Advanta Bank." The class action lawsuit properly states that the company known as "CardWorks Processing" is possibly the owner and reporting entity of past due debts emanating from the defunct Advanta Bank - but is reporting as "Advanta Bank" today and for the past four years as if they are the bank. Trying to resolve any reporting issue becomes a three ring circus and/or shell game between Experian, Advanta (which has no legal present address or contact) and CardWorks, making it impossible to correct incorrect negative information on Experian credit reports. If Experian were truly conducting meaningful investigations when consumers dispute as required by the FCRA, they would learn "Advanta Bank" is not reporting anything since 2009 or 2010 at the latest. Here's the class action lawsuit: http://www.advanta-experian.com/ http://www.buccidix.com/blog/experian-must-disclose-company-reporting-credit-report-debt.cfm http://www.cardworks.com/ When I eventually figured out the "Advanta Bank" address on my Experian report led to "Cardworks Processing" - I disputed in writing to "CardWorks Processing." I received a letter back with the name "Advanta Bank" rubber stamped at the top of the letter (not Advanta's original logo, but what appeared to be a rubber stamp pressed on an ink pad created for this purpose). What is interesting to me is Experian will do everything possible to avoid a class action, and uses arbitration clauses in their credit monitoring contracts to do just that. Now that a class action has made it to the trial stage, they are trying to lump me in with the class - to avoid the cost and expense of arbitration. My instincts tell me to opt out of the class action (which is a clearly spelled out option) and pursue my own individual case through arbitration or litigation if necessary, especially since my dispute has elements other than the Advanta issue. Any feedback on this issue is appreciated here. Please note I'm also posting this info for anyone else who has had a similar experience with Experian / Advanta. I think CardWorks Processing is committing fraud, violating the FCRA by knowingly reporting inaccurate information, and violating the FDCPA by misrepresenting the status of an alleged debt. I want to take legal action against them. If you agree, please feel free to post comments here or contact me via PM. Thank you.
  11. Bank of America is being forced to hand over more than $1 million to a Florida couple after the bank flooded them with hundreds of loan collection calls for years – the latest example of alleged behavior that has cost the bank tens of millions. Full story: http://abcnews.go.com/US/couple-wins-1m-suit-major-bank-outrageous-robocall/story?id=27542208
  12. 9 questions about credit scores you were too embarrassed to ask Imagine trying to lose a few pounds without ever stepping on the scale or trying to cut your cholesterol without ever getting it checked. Tens of millions of Americans are taking a similarly blind approach to their money. Everyone wants their finances to be in good shape, but less than half of all Americans even know their credit score. That's not good — a bad credit score can mean a high-interest loan that costs you thousands and thousands of dollars over the course of a lifetime. But it's not just laziness. Private companies own the math behind calculating credit scores, so often you can't get your score without paying for it (and there's no way you can calculate it on your own). The scoring system doesn't always make sense, either — even seemingly responsible decisions can dock your score. To learn more, read our nine questions about what goes into a credit score. Full article: http://www.vox.com/2014/11/20/7253747/credit-score-meaning
  13. Hi, I disputed an entry on my credit reports approximately four years ago and the credit bureaus all removed the entry. After ordering my updated reports this week, I see that one of the credit bureaus added a new creditor's account to my report, shown in a delinquent status. I had never heard of the party, so I looked them up online. It looks like either the party I first disputed had a name change, or they were acquired by this new party. It's hard to be 100% certain thus far, but public corporate records on file with my state show a simple name change. My question pertains to to the Fair Credit Reporting Act, Section 611, which states: (ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. I never received notice of a "reinsertion." My belief is this is a reinsertion, as it shows similar account details that I disputed 4 years ago, and an alleged creditor's new name. However, the credit bureau is likely looking at as a new party, therefore a new entry is appropriate in their eyes. How would you go about disputing this, as a "reinsertion" - or......?
  14. http://www.businessweek.com/articles/2014-09-11/online-payday-lenders-sidestep-state-laws-for-billions-in-profit
  15. Great reporting on a difficult subject. Debt collectors are bad enough, but to be harassing the family members of people who just passed away is awful. Thankfully, this end of the industry is beginning to clean up its act. Please see: http://www.vox.com/2014/8/27/5978351/inside-the-practice-of-collecting-money-from-dead-people-deceased-collections?utm_medium=social&utm_source=facebook&utm_campaign=voxdotcom&utm_content=wednesday