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alaskan

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  1. I would demand a complete accounting statement before you go any farther with a settlement offer untill you have done this. And then there is C.H.O.D. in november, some folks make out pretty good, I did. If you must get this monkey off your back now, I would deal with the collections side of the company. The collection account should be deleted before I would agree to pay them, and the credit tradeline should be updated to paid as agreed-never late. Remember that a paid collection that is reported is about 99% percent as bad as an unpayed collection.
  2. I'm just regurgitating what Swede said about your question but with a little kick. A copy of a print screen is not proper validation. Validation consist of a signed contract (if there was one) and complete accounting statement of all charges and payments made. Have you tried disputing this with the CRA's as "not mine"? If your husband hasn't done anything about his accounts and they randomly sent him something, I would ignore it. Nice work Swede. I really like the above statement, it's very helpful. Why is a printout from the CA computer no good you ask. The three main reasons are that anyone can make a printout and say you are responcable for it, and the other is that it may not reflect accurate information, such as dates, and amounts. Also to make for sure you are the person reflected on the account they want payment for which also applies to the following statement. The other part of Swedes statement about validation is also very important. They must supply complete accounting statements, let me say that again, they must supply complete accounting statements. Otherwise how can they account for what they say you owe them, or when you owed them. This link should help as well. http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm I've enclosed copies of that letter to CA's that just did'nt seem to understand what they needed to do. I hope this help you.
  3. idon'tplay, I'm having a hard time following what you are saying and what you are asking, but maybe it's just my slow mind. Maybe you could post the information like this. Change names and numbers where needed. Ex account #123456789 big bad collection agency so on and so forth just like it reads from your report And in this space outline what you have done in referance to the above account to date. And down here outline the responces or lack of, from whomever. And lastly please ask your question regarding the above account. If you start talking about multiple accounts or multiple people it can get confusing. Earlier you wrote : <blockquote>"Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act) " is this what they are supposed to do before the verify with cra? </blockquote> The answer is...hmm, did you ask the collection agency to verify that the information was reported correctly with the credit reporting agency (ie: Experian)?? Just to clearify what happens when you dispute an account with a Collection Agency (CA). When "they" the CA gets your dispute they must add the line "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act) " to your credit report, and this line will remain with the reported account untill it get gets correct to your request or untill the disputed information drops off the report. Don't get to worked up about your credit score changing a few points from time to time, instead focus on the hard stuff. Even if you had say a score of 750 but you still had say a payed charge-off, a lender can still deny you credit. Scores are not the main goal. At least not to me. Hope this helps.
  4. I'm gonna commandeer this tread for a momment and say high to swede and ask what happend to your post count and rank? , you should be like the secretary of state or something but not private. Ok enough of that. AAnswerwoman, the best thing you can do make things easier for yourself is get Kristys book. I ordered the ebook myself and what I did was print it out so I could mark the pages that had the most pertinent information for my situation. This allowed me to build and rebuild my battle plan without getting lost and confused. I used a large 3 ring binder for the current "bad" things on my credit report and as they got removed or deleted from my report I placed those records in my fileing cabinet. But if you want to just hack it out we will do the best we can, other old timers are here alot more often than I am. Take your time, as you know your credit problems did'nt happen overnight, and it will take sometime to get back on track. In short become a student of credit and the laws that apply. Must sleep, good night ~z~
  5. I just wanna throw my two bits in and say that whatever final agreement you come to with whomever needs to be in writing, otherwise your trusting someone else with your credit. You should always pay with a money order or cashiers check. Why would you give your credit card information to a complete stranger over the phone. Just do like Willow suggested otherwise the information and the check could be forwarded to the CA for handling.
  6. Sol in North Dakota is 6 years, unless my information is wrong. But anyhow, a judgement is one of the wusrt things that can happen for your credit. First off a judgement is allmost like the word of God, the OC is probibly not going to work with you on the amount of the debt. And what you think is reageing may not be, here is why. An OC with a judgement can take money from any accounts that you have at any time they want in any amount upto the judgement limit. They can even get your tax refund. So long as the OC keeps up on renewels of the judgement they can keep after you till the end of time, with interest on top. But if it just been reaged with no payment information then yes go after them for the reaged account. Whenever and however they get thier money is mostly up to you. The best I think you can hope for is that the OC will work with you on how the account is reported (the dates). But look at this way, you could be ten years down the road and your new boss at XYZ company gets a letter from ND with paperwork to garnish your wages. In this case I would try the "debt validation" route first. After that try to settle for good dates and pay the judgement. Once the judgement is payed you can apply to have it vacated so it's removed from your credit reports (a big help). Don't take advice like it's the only advice, and don't give up the fight. ttt
  7. Slow down a minute. After the OC submits the account to a CA, the CA must notify you in writting and then wait 30 days before submitting the information to the CRA. If you have not been notified don't sweat it, no sence running to them with information. Even after you've been notified don't just give in and pay. First they must prove the debt is yours and only after that would I consider settlement (a payed CA tradeline is almost as bad as a unpayed tradeline) I can explain more about if you don't understand about tradelines. As a general rule you should never call a CA, allways send letters, CMRR perfferd. They must contact you as per the FDCPA. You are not required to contact them first and should not.
  8. I don't want to alarm you and I don't want you to think the sky is falling but you need to call the police and file a report and then call the phone company and tell them what happend. I smell a rat. Someone could be trying to steal your id, or steal money from you. Regardless if they got anything it's still a crime. Better safe than sorry.
  9. In your case regardless of the checks, when you orderd the food you entered into a oral contract that you would pay for the food and when you payed by check you entered into a written contract. Either way (oral or written) is legally binding and the bussiness has a right to collect under your states laws regarding contracts, and not to mention that writting bad checks is illegal. I'm guessing that the amount owed is under $100.00 and you are willing to pay it under certain conditions. You might try a face to face meeting with the owner and state to him/her that you made mistakes with your checking account and that you want to set things right. After all the business needs money and customers, and it's obvious you like their food. A little diplomacy can go a long way with a creditor and is alot easier than slugging it out with a CA. If the OC is unwilling to work with you the only hope you have that I can see is a settlement with the CA on your terms. If the CA has already added the account to your credit file you need not rush to pay them unless they are willing to remove said account from your credit file. Remember, a payed collection on your report is worse than an unpayed collection in my opinion because you would have payed to have a negative listing on your report.
  10. The information your looking for will be in the agreement that you signed. For example, most loan and credit card agreements have sections that spell out what actions the credit grantor can take in the event of default. If in the case like making payments for auto repairs with no written agreement, the repair company can put a lean on the auto and take you to small claims court. Or if drafting a check to pay for gas or food, most companys have a sticker or sign that states something like (NSF checks will be charged a 25 dollar fee and are subject to collections), when you sign the check you enter into contractual agreement with those terms. [Edit by alaskan on Thursday, February 20, 2003 @ 12:39 PM]
  11. <blockquote>Originally posted by Swede That's great news!! I hope you'll stick around and help out others on what worked for you and not. CONGRATULATIONS.... </blockquote> Swede, Thanks and yes I'll stick around and help where I can. It's great to have a clean report again. <blockquote>Originally posted by Candy How did you get a charge off- off your report. I think eventually the seven year reporting will come around and I will be so absorbed in still trying to remove it- that I wont notice it until contacted by CB's regarding a dispute on an unknown account. Doubt that- Any strategy tips would be appreciated. </blockquote> Well some might say I got lucky but I say that doing my home work payed off. When I first started working on this account I called the OC that was reporting the tradeline. I know that I should not have called them but I just want some information about the account not to dispute or challenge thier listing. I gave the guy I talked to my name and the account number but he could not find anything about the account, he asked for my SSN but I told him no and said goodbye. I then wrote them a validation letter requesting complete accounting statements and a copy of the loan agreement. They sent me a computer statement that only showed the amount of the charge-off and nothing else. This is the part that's good. A couple of days later when I went to deposit my pay check, sitting in front of the bank was a large truck and the operators were dumping boxes full of papers into a shredder. When I came back out one of the guys was takeing a smoke brake. I asked him why the bank was shredding all those papers and he told me that the banks up here don't like to pay for heated storage and that Wells Fargo was making room for more offices. Up here Norwest Financial was bought by Wells Fargo and it became Wells Fargo Financial. It did'nt take me long to put two and two together. I went down to check the office and it had been remodeled. When I got home I fired off a letter demanding that they either provide the documents or remove the listing and that if they don't I would pursue my legal options. I got a letter back from them stating that they cannot locate the requested documents and the account would be handled as requested. No matter what just remember this, they want something they can only get from you...Money. And if they don't play by the rules you can take their money. [Edit by alaskan on Thursday, February 20, 2003 @ 05:36 AM]
  12. It's been a long and difficult war cleaning up my credit report. I just check my EQ report and the last negative(a charge-off)has been removed, last battle won! Now that the hard part is done I'm going to focus on driving up my credit score. It seems hard to believe that something I knew so little about was effecting me so much, but now that I know what a "Credit Score" is and how it works I'm going to make it work for me not against me. Thanks to all that have helped the past couple of years and most of all thanks to Kristy for this website and great book. For those of just starting you should learn as much as you can before you start spending your time and money writing letters. And for those of you still in battle don't give up, in time you will get what you want. Thanks again, Alaskan
  13. It does help. It proves that because they say you missed a payment you broke contract, yes and no. They must also provide complete accounting statements, without it they can't prove how much you owe and can't get a judgement. Keep in mind that I am not a lawyer and the legal maneuvers your suggesting to get you back on track are beyond the scope of my research. If the court date is near you might consider having an attorney make a full settlement offer to the CA or OC attorney. I would think the offer would be better received coming from an attorney and would be more likely agreed to as a professional courtesy. And like you said the OC could be mad at you, and in my experience there is no forgivness from vindictive people. You might try posting your legal questions in the "Is There a Lawyer in the House" forum http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=18
  14. More than likely they don't have proper validation, if they did they would just go and take you to court for the amount due plus court costs. As it is they are just trying to pressure you into paying. I'm not to sure about them calling after the 30 day period, but if you send them a C&D letter and they call you can sue. I would get serious with them about validation. [Edit by alaskan on Thursday, January 23, 2003 @ 09:45 PM]
  15. Was there a contact that you signed with the OC, if so what are the terms? I have a friend that got his Commercial Drivers Licence, his tuition was payed for by the company that he is now driving for. The terms state that if he leaves the company the full balance is due. Is the CA in fact reporting to the CRA? What is the name of CA?
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