grantjeffries

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Everything posted by grantjeffries

  1. It means skipped town. Evidently they are unable to locate you. It also signals other creditors to contact them if they acquire your location information.
  2. Yes, one in the same. Welcome to the United States Code. Title 15 Commerce and Trade Chapter 41 Consumer Credit Protection Subchapter III Credit Reporting Agencies Then things start to look familiar: SHORT TITLE This subchapter known as the ''Fair Credit Reporting Act'', see Short Title note set out under section 1601 of this title. http://www4.law.cornell.edu/uscode/#TITLES
  3. How does it appear when a CA/OC places the dispute?
  4. If you are going to employ this strategy then consider using the appropriate for rate for the work you are doing. Why not find out what the law clerk or paralegal rate is in your area and apply that to the hours spent on research? Does anyone think the judge will have any problems with that?
  5. Can someone that has had experience with edcombs let us know how it went?
  6. Doesn't apply to creditors, only debt collectors......The OP asked about creditors........... I read it as creditor = collection agency since those are the battles I have been fighting. Damn sharp distinction there Swede! For some reason the ol sayin sharp as a whip stings my brain
  7. I wonder if it would be considered covered under this since cell phones weren't quite as prevalent at the time of the FDCPA: § 808. Unfair practices [15 USC 1692f] (5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. If you don't know who is calling and you answer your cell phone incurring charges could that be considered a violation? Is that a stretch?
  8. I have a different charge off dates on EQ, TU & EX for an older unpaid CC charge off a Collection Agency is contacting me about. The dates differ by more than a year. How can I tell which one is correct? How does one take steps to find out? The difference is important because it may determine whether it is in SOL or not. Should I risk a call to the OC? Here is how the 3 are reporting DOLA...it is not the same. Dola on EQ: Last Activity 01/1999 Date Reported: 10/1999 Dola on TU:Closed:06/1998>Status as of 06/1998: Charged off as bad debt< Dola on EX:Charge Off as of 3-2000 This account is scheduled to continue on record until 7-2006. This item was verified and updated on 2-2002. What the heck?!? It can mean the difference between a successful SOL defense and a JUDGEMENT!
  9. I believe this is what I was looking for: § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. If a CA wants to add charges to your account then make them show proof that they are allowed per agreement or law.
  10. I am not so sure about that. I haven't found the statute yet but this indicates otherwise: Collection Agency Harassment The most common abuses are persistent telephone calls at inconvenient hours and threatening letters and telegrams, including phony legal subpoenas. Collectors frequently pretend they are collection-reporting services as well as collection agencies and claim they can list unpaid accounts with various merchant credit retail associations. Thus, people are incorrectly led to believe that their credit rating will be seriously affected unless the bill is promptly paid. Also, some agencies illegally tack collection charges onto the debt. Here is the direct link. Change it to your state: http://cobrands.public.findlaw.com/consumer/newcontent/consumerbook/dgtchp3_b.html
  11. Did you get any info back on this from CALawyer or TexasLawyer yet? Do they concur?
  12. I am still a newbie so for clarity purposes I wanted to make sure I read the law correctly. I thought I understood it to state that IF something is reported then it MUST be 100% accurate. I didn't see anything that stated every tradeline must be reported. To sum it up, report or don't report but if you DO report then report correctly. If I understood correctly then can it be illegal to offer to make a deal to drop your cause of action under the FDCPA/FCRA/FCBA if an OC or CA will drop the reporting? Thanks to all in advance!
  13. Then what would this indicate? Did the CA properly notified the CRA of a dispute? Description CONSUMER DISPUTES-REINVESTIGATION IN PROCESS
  14. Sis, it did say that it was in dispute after I put it in dispute with the CRA myself. Does it say something different if the CA puts it in dispute? How do you tell the difference?
  15. One-Two Punch props to Grendel) From what i have learned so far, when you send a DV letter to a CA, you should send it CMRRR. They are required by law to inform the CRA that the account should be marked as in dispute. Failure by the CA to do so is a violation of the FDCPA. Once the green card is received back from the CA, you then dispute the account with the CRA as well. If I am correct so far, my question is, how do you know if the CA informed the CRA of the dispute as required by law? Do you call the CRA? Write a letter to the CRA? What method works best? It has been one month since the CA signed for the DV letter- nothing back from them yet. I disputed this online with the CRA. They have already verified the trade line and my account was only in dispute for 2 weeks. My next move is to send a procedural request to the CRA and a DV follow up letter to the CA (I am waiting another week on the off-chance the CA will respond to the first DV letter by snail mail...30 days + 5 more for mail.) I would like to have BOTH of them on as many violations as possible to bolster my postion for money damages and deletion. Any suggestions?
  16. I had a high dollar charge off with them once. It went through a long list of CA's so who knows where it is these days. They never really harrassed me but it is so old. They sent a lot of settlement offers, some lower than 35%. What kind of debt was it? How old? Got any attachable assets to worry about? I think it just depends on the type of debt and your personal circumstances.
  17. Do the ones after the insurance drop off or does it just end there? I have 100 WK & 70 PG with no results yet. The first (oldest) inq is an insurance company. Will the ones after that drop?
  18. That brings up a good question. How do you cancel PG once the trial period is up? Did you do it online?
  19. I read that WK & PG both count towards TU. Any ideas what is goin on?
  20. Ok I have 100 WK pulls, 70 PG pulls and bone thin fingers. When do I see some results? I am starting to worry about the dreaded split. I have nothing on my EQ but several on my TU that I want off. Any ideas?!
  21. I believe RMA re-aged my Sears account. I sent a copy of the collection letter and my current credit report showing the TL & hard inquiry to edcombs.com. They are willing to take my case if I can provide PROOF the original TL was re-aged. I sent a DV letter to RMA last month. I haven't received anything back from them yet but I saw online that Equifax verified the dispute already. Now I can't find an old copy of my credit report so I called Sears and asked for the collections department. They found a record of the account being sold but told me there was no further information available. They cannot tell me when they sold the account, when it charged off or the DOLA. The rep told me the only thing I can do is write a letter to the following address and someone would research it for me: Sears 7023 Albert Pick Road Greensboro, NC 27409 Attn: Agency Complaints I asked if she received a lot of calls regarding this but she would only tell me that this address existed for a reason Is this what happens with all OC's? I have another account that I would like to know the correct DOLA since it is listed differently on each of CRA's. Thanks, Grant