dannyj

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About dannyj

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  1. I am in the process of suing a creditor. A couple of days after the law suit was filed they pulled a soft inquiry. Then about two weeks ago they pulled another soft inquiry. In the two years that I havve the account with them they never pulled a soft inquiry. Correct me if I'm wrong, but this seems like the exact issue that is dealt with in the Greenblatt FTC opinion letter. (http://www.ftc.gov/os/statutes/fcra/greenblt.htm) Do you think I have them on another violation?
  2. My parents recently placed me as an authorized user on their AMEX. On EQ and TU it boosted my score by roughly 30 points (The card was issued in 1987 and has a perfect paying history with a six figure usage amount) However Experian placed the account on my report but it did nothing to boost my score. They made a note on the account that states "The Social Security number that you gave us when you contacted us shows that credit was established before the number was issued." Needless to say, I really want those points, especially with EXP being the only bureau reporting a derog. Any advise? Thanks
  3. No mini maranda was given. I have drafted a letter threatening to sue below you will find the meat and potatoes (including FTC opinions) of the letter please critique... http://www.ftc.gov/os/statutes/fdcpa/commentary.htm THE FAIR DEBT COLLECTION PRACTICES ACT As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996) Section 807(11) requires the debt collector to "disclose clearly in all communications made to collect a debt or to obtain information about a consumer, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose," except where section 804 provides otherwise. 1. Oral communications. A debt collector must make the required disclosures in both oral and written communications. No such disclosure was made. In fact I had to ask what the purpose of the call was. 2. Disclosure to consumers. When a debt collector contacts a consumer and clearly discloses that he is seeking payment of a debt, he need not state that all information will be used to collect a debt, since that should be apparent to the consumer. The debt collector need not repeat the required disclosure in subsequent contacts. Again, no such disclosure was made A debt collector may not send the consumer a note saying only "please call me right away" unless there has been prior contact between the parties and the collector is thus known to the consumer. A message was left on my cell phone by a gentleman named Paul. His exact message was “please call me right away”. There is much case law available to show that phone communication is the same as written correspondence. Thanks for all your help
  4. I have just been contacted by a Morel Associates, located in Flushing, NY regarding an unpaid balance at the college I attended a few years ago. He made no reference to the fact that he was a debt collector. In fact I had to ask him if he was and then he said he was. Is this not a violation? In addition, they do not have my current address, rather they have 2 old addresses that no longer foward my mail. I have not received any mail from them and I refused to give him my current address. Their name does not imply that they are a collection agency, and they did not declare that they were a collection agency. The only thing I am worried about is that they will place a collection with the bureaus. Is there any way to prevent that from happening? They say my balance is $2500. I fear that even if I pay it they will place the record on my reports. Any advice on how I should proceed would be appreciated
  5. I am in the process of suing First Premier. I would close the account, but i'm worried that if I do they will UDF and bullseye the CRA's with the history of the account. I have sucessfuly removed the account from TU and EFX, Ony EXP is being a PITA. I'm also worried that if I dont close the account, they will pull my credit report and see that I have had the accounts removed by EFX and TU. If I close the account then they cant 1) pull my credit 2) put the account/derogs back on the report. Catch my quagmire? Any help is appreciated.
  6. dannyj

    Uh Oh!

    Hi All: On 7/25/03 I filed against first premier in Civil Court, stating FCRA violations and defamation and financial injury. All I want them to do is remove the late derogs. I claim I was not late. They cliam I was. I offered to settle with them for deletion. Today I get a call from their law firm, stating that they are hiring an attorney in New York to represent them in the suit. The attorney said they cant remove the lates just because I say I was not late. He went so far as to say that the FCRA does not protect the consumenr from the OC's reporting, rather only the CRA's reporting. He said that even if I do have them on FCRA vilations, they would rather pay them then remove the derogs. He also stated that the reason they did not get back to me is because they are still in the middle of pulling the old statements. I asked him, how they were able to verify my Credit Bureau Disputes in 5 days if it has taken them 3 weeks just to pull my statements. He responded that the CBD's are verified by computer (not true verification in my book!) One thing they did not do was mark the accounts as in dispute with the CRA's. They have had ample time to do so. My question is that It may be worth it just to drop the damn suit. Quite frankly, I have no interest in going to court. I probably should not have filed the suit if I wasnt truly prepared to move forward with it. Any advise would be appreciated.
  7. I went ahead and sued First Premier Bank, (It's the last baddie on my report) with an offer to settle for deletion of the paying history. They said they will stick to their guns and not remove the apying history. I hope they cave in before trial. I actually have them on several FCRA violations, but the thought of having to go to court is somewhat daunting. Any advise on how to get them to cave in early?
  8. Thanks for the contact. I hope she doesnt ask me where I got her email!
  9. Does anyone have a contact at Equifax?
  10. I called experian to see the status of the disputes on my account(s). I got the usual still investigating. What really surprised me was when I asked what the remainig negatives were in my report I was told of a CITI charge-off that I know they deleted last month. I went off at them saying I would sue them for reinsertion without notification. In the process of holding, I ordered a new CR from EXP and the account was not there!? She got back on the line and told me that "It is still in their in-house report but will not be seen by potential creditors or reflect on my score". That sounds like something should be illegal about it, no? What do you think?
  11. MBNA continues to report a charged off account on my credit report. They say the account was sold and have no record of the account other then that it exists in my social security number. The first CA they sold it to, went bankrupt. The next CA they sent it to shows that the account was paid, but has no additional information. I have no need to validate the debt with the CA because only MBNA reports the delinquent account. I have tried to dispute it with the CRA's and they always come back verified, because indeed the account is in my name and SS#. Do I have the right to demand any additional information from MBNA? If not, why? I claim the account was never mine. I should have the right to demand a signed contract or at least a payment history or card usage history. All of which they do not have! (they told me so!) I believe my next step is to take them to small cliams court. If I do, who is the burden of proof on? if it's on them, I know they can't prove it! Can I sue them even if they have no address in the city I live in? In truth this is all rediculous because it does them no harm to just have the account deleted at the CRA's. Thanks in advance for all your help!