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About credit_on_mars

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    Impressive 100+ postings
  • Birthday 10/17/1940


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    Retired Electronics Engineer

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  1. Well, in Niovemebr I received a letter from the bottom feeding CA that is a copy of a court order, "Notice of Voluntary Dismissal Withour Prejudice." Hum, I wonder if my eariler court order "Notice of Voluntary Dismissal With Prejudice" means anything? The case was dismissed back in Sept 2003 and I thought these sleaze bags would go away. Maybe the world in Ca is not the same as in, US law.
  2. I found a good cross-cut shredder at Wal-Mart for around $30. Will shred 6 pages of typing paper.
  3. Hum, a week after getting that dumb letter from ASSet giving me 30 days or the matter would be resolved I get another letter stating: “Please be advised that this account is closed and will no longer be handled by this office.” I wonder if they done gone and sold it to some even lower bottom feeder!!! That was hillbilly-speak. It is likely they did sell it or maybe, just maybe, all my DV's and threats and disputes did the trick. What ya think?
  4. Hum, just noticed on the so-called dunning letter that the last item states that if I do not respond within 30 days they will consider the matter resolved. Hopefully they will follow suit as with my wife’s CR and delete it as I requested in the dispute. However, trusting in logic is a human failing when dealing with such scum bags.
  5. Maybe I should start over again and contact Chase asking for documents. I will not have anything what so ever to do with A$$et or any of those scum. The problem with Chase is that since I have no records or information linking me to any Chase account and I was involved with ID theft back in the 1990’s I assumed this was a similar case. I asked Chase back in 2002 to send me at least some information on the account and try to help me resolve the issue, but they as mush as slammed the phone down on me. Dealing with huge banks is a pain but some are more than a pain in the rear – as in chase. One of my ID theft cases I wrote to the Comptroller of the Currency Customer Assistance Group to complain and the forced the CC company or bank to provide me with real account information. Maybe it’s time to call and wrote the banking regulators again. Those banks and CC companies are so isolated from the public it is hard to get them to respond. At any rate thanks for the discussion and suggestions. I will pursue this and think about suing them all. Hate going to see dentists and court judges!
  6. Being less than expert here the only way I would use is by the credit report from Equifax, since they list the Date of Last Activity (DOLA) and that should be the starting point for the SOL count. The other two CRA's do not list the DOLA and you would have to write and ask them for the information. Just my limited 2-cents. After 66 years I have learned not to trust what other people say about burden of proof, especially in our legal system that IMHO is corrupt to the bone with half-wit judges and greedy lawyers. My advice, as I rendered to myself in court, is to being along proof to remind them the other side if they being doctored documents.
  7. I DV'd then three times and with stronger threats each time. This bogus account is listed as "Paid charge off, Account transferred or sold" by the CO (Chase). I even included a threat to sue in the last letter. They called a lot but then stopped. Then I disputed all of the listings, two by Chase and one A$$et and they removed them from my wife's report and I am waiting for two of them to complete the so-called investigations. The charge-off was listed on an old report as sometime back in 198, but the DOLA is in 2000. Weird accounting. I will just wait and see. If they should take me to court then I have documents to prove the SOL and also an FTC avadavat showing fraud in several accounts than was simply ID theft. Then, it’s with my lawyer to district court to file a big time lawsuit. I hate court houses though! It’s like having a root canal!
  8. retmar, I saved all the letters, green cards and CR's. I even saved that crummy screen printout they first sent me as a DV! Hopefully they will just let it slide because my last DV was alerting themn to the SOL and my intent to sue if they contacted me again. Anyway, from the credit reports the dates are still the same, i.e., DOLP; 10/2000, and DOLA: 11/2000, so at least the Equifax CR has all that stuff on it. Thanks anyway.
  9. If I was younger then I would love nothing more than sue t he scumbags. Retired on SS and other untouchables I am not in the mood. They used to call a lot then after reminding them of their violations they stopped. The only contact I ever have with them is after sending for a credit report. That always brings them out from under the rocks. The SOL is long past and if they do come after me my attorney will be ready. I just hate paying for lawyers and gong to see judges. The last one asked me if I had filed a police report whereas I replied in the negative, since the ID Theft had taken place in 1995 and it was then 2003; I saw no use in it. I did follow his suggestions and the police told me to wait until the court case was over. Oh well, the judge dismissed the case w/prj and I reported that theft to the police – they told me not to worry they could do nothing anyway. Can’t win for losing in the law business. Now, I will wait and see. Thanks for the reply. I have seen similar posts somewhere herein, but a search turns up nothing. Seems like one of you Gurus suggested doing nothing because A$$et probably had no proof to take the person to court. Unless I totally lost all my memory I cannot find a single thing pointing that I ever had a Chase account; however, they will buy old accounts and change the acct numbers to fake us out. Now, I always thought this was a free country -- but I think crooks actually run things. Lawyers too
  10. When it rains, it pours. Several years back I made a mistake and clicked on a “get your credit report here” thing, so here it came and here came the CA’s. One item was a Chase Bank CC account I had no record of and later on other accounts began to make me suspicious, so it turned out I was a victim of ID Theft. Two of them eventually took me to slam claims court and after much study on this forum I had both cases dismissed. I attempted to have the Chase case settled but the bottom feeding CA I called, A$$et Acceptance I called told me they had no intent to collect on it and after asking them for a DV they sent me a PC screen printout. That is not nice so I then got my three free CR’s and sent A$$et a DV (certified) once, twice and a third time with no response from them, except the green cards. All this was in early 2002. Well, fast forward to this year when I sent for my free reports and there it was, as usual, the Chase NA Bank items, two for the same account, and A$$et Acceptance item, for the same account – all except the amount that started off at $3,000 in 2002 was not up to over $10,000 in 12006 and because I had disputed each item each and every year as not mine, etc., this year I then disputed all of them with the big three as fraudulent. On my wife’s CRA’s they deleted all of the same Chase and A$$et items but not on mine. Then here comes a new dunning letter from A$$et asking for police reports, SSN, all kinds of other information that I don’t have or will not give them anyway. I only found out about the ID theft and the bogus accounts after years passed, so a police report would be useless now. At any rate, EQ puts the DOLA as 11/2000 and the SOL in FL is 4 or 5 years, depending on who’s law book you read, so I am gong to wait until they sue me and most likely use the SOL defense to have the case dismissed. Not sure wher they come up with a last activity, but I will let than alone. Someone used my ID to enhance their life at my expense. The problem is, I will counter sue them for all kinds of violations so will most likely needs other documents to back my suit up. Of course, after three DV’s to A$$et and calling Chase, I still have no documents except the old and new CRA’s. Hum any advice out yonder in this great group?
  11. Well, after three years of prodding and threatening “the big three” I managed to delete all but one negative off her Equifax CR. Wow, now if they would hurry up on mine! Now, hello TransUnion and Experian!!!!
  12. What, pray tell, does this have to do with Credit Info Center Discussions? seems like this belongs in the Off Topic place, huh?
  13. In your case, it was proven that the issue was fraud and forgery, which wasn't hard since you KNEW that the account wasn't yours (and had never used it). (I'm glad you got that cleared up by the way.) That is not the case for all consumers requesting validation for a debt. What I'm saying is...if the consumer has NO knowledge of the account or believes that they've never even applied for such a card, then yes...a signed contract would be sufficient to prove to that consumer that the debt is indeed his/hers (but it doesn't prove the amount of the debt). However, (once again) if a creditor provides legitimate proof that you had the account, used the card, statements were sent to your correct residence at the time the account was used, and you paid on it, it will then be your burden to prove that the documents/proof presented are false (which is what you did in your case). My advice to consumers is…do NOT depend on the lack of a signed contract during DV to win a case. Remember (for CCs), use of the card also binds the consumer to the terms of the written agreement and/or acceptance of the terms. (That statement is printed on the back of credit cards.) A lot of pple tend to forget that when requesting validation. Per the FDCPA, not much is required for DV. (Everything else to prove the debt depends on the courts.) I understand what you say and agree 90%. But, when you do not know for sure that an account is bogus or fraudulent, say in my case when the account was charged off 10 years ago, and I knew nothing of it – if the CA only presented statements without a signed agreement then the defense must fall on the missing signed agreement. Am I not wording my thoughts correctly here? Maybe we are just at the edge of understanding each other. Icannot see where anyone can prove you have such and such accounts when they do not have proper written instruments. Maybe my understanding of what a “written instrument” is, is off. I am an engineer, not a lawyer – that is the case
  14. How would a court determine that a debt is valid if the CA offered no evidence that an alleged debtor actually signed an agreement to use a credit card? My case was over an alleged credit card account this large company claimed I had applied for and used for a few months. The charges ran over the limit and then suddenly stopped. After asking the OC for copies of said documents to no avail I had my attorney press the court for documents from the CA and when we reviewed said documents we both found no agreement but an application for a pre-approved CC and I discovered that both my signature and my wife’s signature were not even close to out official signatures, i.e., misspellings, hand writhing way off, etc., and the line asking my mother’s maiden name – her name was misspelled. Also, they sent several years of billing statements that featured a mailing address on each and every statement for an address that I had yet to move to, like more than a year before I moved to it. Several charges on the statements were in locations that I could not have been to, etc. My attorney presented sample signatures, spelling proof, other evidence, to the court and the judge dismissed the case because the CA offered no signed agreement or statements with valid addresses on them and so on – dismissed w/prej. And guess what! The CC company still will not remove the listing on my CRA. Oops, got of subject! What I am saying is that if someone sues you for some alleged credit card account and had no proff that the account is actually your account -- then what? I ask anyone else here to peep in and clear up this misunderstanding.