bu9418

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About bu9418

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  1. IT gets better now.. I was trying to do a refinance on my house to pay this judgment. I have the equity now to do so. I found out during the re-finance process that there is in fact a lein on the house. The finance guy called CITI to get a settlement of the debt to satisfy the lein and CITI told them they didn't own the debt anymore that the attorney they used to gte the judgment bought it and has the lien on the house. I swear I knew nothing of this. However, now.. Since the debt doesn't even belong to CITI, and they are reporting the account open, does this constitute an FCRA violation? FWIW, I have since gotten a settlement offer from the attorney,and now await closing.
  2. Hi. It's been a while since I have been here, but I have a question. I have a CITI card that went bad and I got a judgment against me in 2001. The balance was ~8300. In March 2002, I got copies of my credit report and saw that the CITI account was of course in charge off status. In July 2002, I made $700 in payments. Since then, on EXPERIAN, the account is listed as open with a status of 5, and it has been reporting 120 past due for each month for the last two + years. So, I have 22 120 past due marks on my credit report. I am thinking about calling CITI, and asking for a card, since it is being reported open. If they tell me no, that the account is closed, do I have a FCRA suit on my hands? Any feedback is welcomed.
  3. I sent both TU and EX a letter directly from an OC. Both TU and EX sent me letters stating they cannot use my documentation. I called EX and asked why they can't use my documentation they responded by stating "It doesn't meet our criteria." Do I proceed with lawsuits at this point? Also, can and should I use the lawsuit as leverage to get them to re-investigate stuff that EQ has removed and TU has removed but EX hasn't and EX has removed but TU hasn't? Should I also include in my lawsuit the 8.625% interest that I am forced to take on a re-finance because TU and EX won't remove this item? Thanks,
  4. The reason for the poll is because I recently got to letters from OCs and CAs. I faxed them to EQ and they were removed the next day. Faxing to TU and EX doesn't seem to matter. I thought about faxing the ITS, but why bother. I will just wait for the green card and their docs stating they can't use the OC letter. I expect I will get them by the end of next week. EX and TU wont even consider 30 day lates anymore on my part. I have been quite successful though: On Feb 4 when I started this, EQ was 475. It is now 640.
  5. Here's a twist. I am at the point where TU and EX will no longer investigate. I have received the "previously verified" responses from both of them where EQ has removed TL's. Each of TU and EX still have a TL on their respective reports. I have received a letter directly from the OC stating "DELETE Requests have been sent to the CRAs." I sent that letter to TU and to EXP and I am awaiting the greed cards back. At this point, I am hoping they send me the "CANNOT USE THIS DOCUMENT" letter that they sent previously. Originally the OC sent a letter stating "WE CANNOT VERIFY THIS ACCOUNT". Both TU and EX stated they couldn't use the documentation. Can't figure out why. My suits have been written up, as soon as I get the green cards and the 5 day letters, I will file.
  6. While I had a TL in dispute on EQ that is four years old, my score was 626. After it came back verified (even though I sent EQ a letter directly from the OC stating they could not verify the account) my score went to 531 and that was with a CA account removed. How does one TL equal to 100 points or better, especially one that is four years old? Yes this is FICO score. Also not only did I sent an ITS letter to a CA recently, I sent a copy of the lawsuit I intended to file. I stated that as soon as I received the green card back I was heading to the courthouse. I received a FEDEX package the day I received the green card from the CA stating they closed my account and issued deletions to the CRAs. I also finally had Sears deleted (after calling the OC and complaining). They issued delete requests last week. Any reasoning on the large drop after "verify" thanks, bu or bu9418 for short.
  7. In one of the responses to question in my case against against a CA, I am arguing that I asked for validation and it was never provided, the CA states that I did not timely ask for validation since they say they sent notice in August 2001. Can someone tell me, whether or not I ask for validation, be it within the "30 day" window, are they still required to validate? can someone point me to an opinion letter? case law? thanks, bu
  8. I have a few questions on some of the terminology used here. Obviously, I haven't done my homework, but I am trying Esstopel letter - what is it, where can I find an example? Nutcase letter - same ITS letter - same. Thanks for pointing to the right direction. Can anyone also point me to a good OC letter that they would actually respond to?
  9. I provided no evidence, just a statement in my complaint: On [date] Defendant pulled Plaintiff's Equifax Credit report AFTER receiving notification of dispute of alleged debt and prior to Defendant validating alleged debt. Defendant pulled Plaintiff's credit report stating collections as permissible purpose. To do so constitutes collection activitiy. Without validating debt, Defendant had no permissible purpose." The attorney claims they sent two letters (also in exhibit) and I didn't respond to them so they didn't have to validate the debt.
  10. Can someone tell me if this scenario is allowed, ethical or do I have a case against the attorney? I sued a collection attorney. One of the points was for pulling my credit report without permissible purpose. My claim was that I disputed the debt and the attorney then pulled my report. The attorney retained ANOTHER attorney to answer the claim. The responding attorney admits to pulling credit report, but had permissible purpose, and INCLUDED my credit report as an EXHIBIT in the response... Now, my credit report is part of a public record... Is this legal?? Can someone answer this question???
  11. how did you get the judgment vacated??
  12. I recently stated that I sued a collection attorney for filing in the wrong county. I settled for $2500.00 and received the check last week. In the second lawsuit, the attorney also filed in the wrong county. I answered the summons stating "wrong county, debt does not belong to me, SOL." The attorney then did a hard inquiry before validation. Then they sent me partial validation, but nothing bearing my signature or present address. So when they sent the partial validation, they said "client will settle for a certain percentage". I advised them that they did not validate, and I was suing. I filed suit against them in Magistrate court. In the meantime, they transferred the case to the proper county. As soon as I got notification from the County Clerk, I filed against the CA for FDCPA and FCRA violations (11 total). I sent interrogatories and requests for admissions. Today, I received a FedEX package from another lawfirm which was retained by the collection attorney offering $1000.00 to drop the lawsuit against the collection attorney. So, if you think you can't sue attorneys, you can. I think their record is more important to them then their clients.
  13. In June, I had a paid collection deleted from Equifax, but Experian verifies the same account as UNPAID. The Equifax item was re-inserted this weekend. I got no re-insertion letter. I believe all this activity is a result of a second DV I sent to nasty CA. How can I get this removed. Also, can someone explain the verbiage I would use to ask the verification methods? Experian is verifying everything lately. Thanks, bu9418
  14. I have the list of admissions all set to go, I was stuck trying to think of the name of them. Request for Admissions? That will go tomorrow.
  15. First, I was sued in the wrong county. I responded in kind and demanded validation in the response. The attorney filed a motion to change venue after doing a hard inquiry (after getting a DV). Attorney then sent me some statements with my name but with a PO Box address and said "client will settle for 85% of the debt." At the end of June, I received the notice from the court that the venue has been changed. I immediately filed a counter suit for FCRA violations and FDCPA violations, mainly continued collection activity, inaccurate reporting, and making duplicate entries on CR after receiving notice of dispute. I followed up the countersuit with two sets of interrogatories. I intend on going full speed ahead on the countersuit, especially because of the dup entried on EQ made after the attorney did a hard query, prior to validation.