majiking

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About majiking

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    California
  1. Thanks for the help. I will pursue a federal suit if the filing fee isn't too much.
  2. The collection agency put derogs on EX and EQ. I told them that the cause of action (violations of FCRA and FDCPA) occured here. They just kept saying "district court only accepts local cases, both parties must be in the county, the only exception being an auto accident that occured in the county with an out-of-state driver." It seems like they set there own rules. And where would I find Washington state laws pertaining to jurisdiction? Should I attempt to file in the small claims court in the city since this court says that "District court is a court of limited jurisdiction"?
  3. I just went down to my county small claims court to file a lawsuit against a collection agency. I have them on 3 violations of FCRA and FDCPA. However, the court will not accept out of state or even out of county cases. Since the collection agency is in California and Im in Washington State they will not let me file the case. They told me I have to file where the defendant lives (California). This seems ridiculous, I can't afford to go to California for this suit. I also inquired in Superior court and they told me the same thing. I am at a loss. I have this collection agency dead to rights but there is nothing I can do! I showed them the verbage on how the federal law can be enforced throgh any court of competant jurisdiction. They didn't care. They went and asked the Judge and he said NO. What do I do?
  4. I was injured at work a couple of years ago. I just entered into a "compromise and release" with my previous employer for a lump sum. I just received a certified letter from my previous employer which says that they "erroneously overpaid me" for several thousand dollars and to immediately send them a check or they will turn the "account" over to a collection agency for further action. I can't believe this! Now I have heard it all. First of all, I don't think I was overpaid a dime. Secondly, I have never heard of an employee having to pay back wages that an employer overpaid. And, third, I have the settlement signed by the Judge that basically says that all claims past present, and future are settled. What should I do? Should I wait for them to send it to collection and then sue their A** off or what?
  5. Called EQ to dispute an old Sears account. What is interesting is they changed the TL instantly on the phone. It was showing "charge off - skip trace" and it should have been "inc in BK." Anyway, the rep said "oh, yeah, thats wrong, let me put you on hold a minute." He then came back on the phone and told me its been corrected. I was kind of stunned because I have never experienced this before in the 30+ diputes I have done. So, I just said thank you (didn't really believe him) and hung up. Then I went to PG and sure enough it was back to "included in BK." Now, two days later, I pull my PG and notice all my accounts are gone except 2 (was 18 accounts). I think, this is bizare, must be a mistake so I pull it again yesterday and still only 2 accounts! The BK is gone, the sears is gone. Everything except for to Crapital one accounts (1 inc in BK and 1 Paid satis.). I called them today and asked whats up? Do I have a split file or what? They come back after a few minutes and say Nooo, this is your complete file. My question is.... Is this a bad thing? It cost me 20 points in bringing my FICO down from 659 to 639 however, all the negs are gone except for the 1 cap one BK. So, should I let this go? when my open accounts do their monthly update will they be back on? Or should I demand they reconstruct my file with all my previous accounts. And what happened anyway to cause this? Oh, and I got a confirmation in the mail today from the sears that says Sears "updated" Address "updated" SS number "deleted" Strange...
  6. Well, I canceled my membership a week ago and signed up again with a different credit card number. I was getting only the Equifax score and the other scores and the "What If" simulator was extra. When I signed up for my new membership I didn't see any difference but now I get all 3 scores and "what if" for Equifax for free. It also showes all three scores in a CB score comparison which shows your median score (kind of nice). MK
  7. PG gives you all 3 FAKO scores now. You don't have to pay extra.
  8. i use PG for monitoring and just re-signed up. They now report 3 CRA's with 3 FAKO scores! I like the FAKO scores because it gives me an clue that something has changed with that CRA if the FAKO has changed.
  9. Ok, I posted a scathing complaint about Versizon on Palnetfeedback.com. I received a call the next day from someone in the fraud department who told me he was told by the CEO's office to call me to resolve the matter. I told him all the details about how it was taken off one and then re-inserted 3 years later. I told him how it wasn't my name, just my SS#. I told him how I never lived at the address they had on file. How they are reporting it as a Jan 2004 DOLA when the account according to them is from a few years ago. he started talking about fraud paperwork and I just told him "Look this account has already been deleted once, I've already been through this! You are breaking the law by reporting this as a rescent charge-off when it is a very old account. I declared BK in 2000 so you are breaking federal BK laws by doing this and I will just call the CEO's office and tell them that you are not trying to resolve this matter in good faith. He then said: " I'm just going to tell recovery to delete this. I will send you a verification letter. It usually takes up to 60 days, but I'm going to expedite it and it should be removed within a few days". Well, score 1 for planet feedback. First time it's worked for me. I'm just waiting for the verification letter and deletion to take place.
  10. Well, after nailing the CA with DV and disputing twice I finaly got ER Solutions to agree to remove TL notations from all CB's. I finally was able to reach a supervisor who could make a decision (after talking to 3 idiots, two morons and a spun out brain doner). He faxed me a letter stating that the CA would delete the account from the collection agency upon payment. This was like pulling teeth, because he kept telling me "pay first and then I'll fax you the letter." Anyway, he finally gave in and faxed it after I kept saying "Look, I have payment in full right here, just send me the letter and you have the money." He said I would have to pay Western Union so they would have the money right away. I told him they could charge my Visa. He finnaly agreed. I got the fax. Called and made payment with my VISA and recorded the conversation about the transaction. I then faxed him a letter stating:Mr. David XXXX: This letter is to confirm our conversations of January 30th, 2004. Per our telephone conversation you have agreed to full removal of all entries to all credit bureaus in reference to the above Washington Mutual account. In exchange I have paid the account in full in the amount of $ xxxxx on my Visa. You have agreed to send me via US mail a receipt notating the account as paid in full as well as a copy of your requests to the credit bureaus to delete the account. You have agreed to request deletion expeditiously. You are also representing yourself as an agent of Washington Mutual and are legally authorized to settle this matter. So, I should be covered now right? If they don't delete I guess I can Sue. Anyway, I added the part about being an agent of Washington Mutual so that if Washingtom Mutual (OC) ever decides to ding my reports with a paid-collection or something. I can say "look, your authorized agent agreed to delete." I think that any reasonable judge would agree. Is it time to celebrate or is it too soon? BTW, I was told a zillion times before this that "we can't delete, it's illegal" I guess persistence pays off! Oh and tons of patience. - MK
  11. I called EX to find out the status of my demand for deletion letter and spoke to a rep who told me I didn't know what I was talking about when I told him that EX must notify me within 5 days of re-insertion. He said "thats not correct, if we had to do that we would be sending out thousands of letters." I then quoted him the law and he transered me to a supervisor. The supervisor said that was correct if there wax a re-insertion. However, in my case it is a re-report. The distinction being that Verizon re-reported the account and EX did not initiate it. I said that that was a very loose interpretation of the law. The supervisor said that is our policy. When a creditor re-reports you must go through the verification process all over again. I said so, they can re-report every month and I have to dispute every month. He said "correct." Every time I talk to these idiots I just get more frustrated. My question is this: I don't have the original delte letter (I didn't save those back then) should I go ahead and sue anyway or pursue it through Verizon?
  12. I have a feeling that Verizon decided to re-report alot of charge-offs for some reason. Perhaps something to do with taxes. None the less, it is still unlawful in my opinion. Where can I get a re-insertion letter draft? MK
  13. Ok guys, I disputed a Verizon Wireless collection with EX in 2000. The name was wrong and the entry was deleted. No Prob. Now in 2004, I just pulled my EX and it has Verizon Wireless again. This time a charge off. This time status date / last reported is 01/04. I can't believe this. What do I do? Send EX a letter saying its a reinsertion and to delete or what? This is crazy.
  14. Ok, I sent out a new letter with case cites informing them that ER Solutions is unreliable, that there is no need to re-verify, that their own records prove they are in error, and that they have a duty to correct or delete. OMG- I just pulled a new EX report and it says ER Solutions is "under investigation" again. What morons !!
  15. Actually, they told me in my PC with them that it was an old Washington mutual account overdraft. Well, I haven't had a WM account since Jan 2000. However, it is possible that a check came in or an Electronic debit or whatever and I was never aware of it. Amazingly, it appears on my EX almost 4 years after the account is closed. They said they sent me a letter back in 01. I never received one. Also the SOL is 4 years....hmmm. Anyway, I guess I could owe them $$$ but I want to know what exactly for before I pay something I may not even owe.