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Everything posted by PayCutHurtMe

  1. @BV80 It was in Magisterial District Court (small claims). There was absolutely nothing attached to the complaint. Their lawyer didn't even have anything except a one page printout of Asset's account info screen for each of the 3 accounts.
  2. Lukawski v. Client Services, Inc. UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA It's a non-published case and I coudn't find a cite for it. It's mentioned in this article: http://www.americanbar.org/publications/blt/2014/04/04a_marin.html
  3. @BV80 SOL in PA is 4 years. I'm in that limbo state now. All my derogs are 5 to 5 1/2 years old. I figured instead of just sitting around waiting for stuff to age off, I might as well try to get stuff deleted. The only case law I found for PA is a ruling where the court found it was an FDCPA violation for a debt buyer to add interest and not disclose it in their collection letters. I have 3 sets of letters from Asset, each subsequent letter showing a higher balance, and no mention of interest in any of them.
  4. @BV80 When I went to court, the lawyer tried to get me to settle. When I wouldn't, he withdrew. We never went in front of the magistrate. Wells shows the charge off amount as $5726 as of April 2011, the same month they sold it to Asset. Wells hasn't updated since.
  5. Yes, Wells is also reporting. I never DV'd Asset. They added the dispute comment to their reporting some time after dropping their lawsuits.
  6. Asset sued me on three accounts back in April 2013. They sent a local lawyer to try to settle and when I wouldn't, he withdrew the complaints. They report every month like clockwork and apparently, they have been reporting it as "disputed by consumer." I never DV'd them and I've never disputed any of the accounts with them or the CRA's. I have old EQ and EX reports from May 2012 and the disputed by consumer comment is not there. I don't know if a disputed by consumer comment is good, bad or indifferent. All I know is I've never disputed the trade lines. Here are the CRA entries for one of the accounts. Also, the balance due goes up every month. The OC charged off $5726. On my May 2012 report the balance due was $6090 and now it is $7035. Obviously, they are adding post CO interest at the statutory rate. Do I have any kind of leverage here for getting them off my reports? EQ ASSET ACCEPTANCE CORP Asset Acceptance,Llc PO Box 2036 Warren, MI 480902036 (844) 2361959 Account Number: WELLS FAR11234XXXX Current Status: Account Owner: Individual Account. High Credit: $5,726 Type of Account : Open Credit Limit: N/A Terms Duration: Terms Frequency: Date Opened: 04/29/2011 Balance: $7,035 Date Reported: 03/04/2015 Amount Past Due: $7,035 Date of Last Payment: Actual Payment Amount: $0 Scheduled Payment Amount: $0 Date of Last Activity: N/A Date Major Delinquency First Reported:05/2011 Months Reviewed: 46 Creditor Classification: Retail Activity Description: N/A Charge Off Amount: $0 Deferred Payment Start Date: Balloon Payment Amount: $0 Balloon Payment Date: Date Closed: Type of Loan: Date of First Delinquency: 12/2009 Comments: Consumer disputes this account information, Collection account TU ASSET ACCEPTANCE LLC #11234**** PO BOX 1630 WARREN, MI 480901630 (800) 5459931 Placed for Collection:04/29/2011 Responsibility: Individual Account Account Type: Open Account Loan Type: FACTORING COMPANY ACCOUNT Balance: $7,035 Date Updated: 04/03/2015 Original Amount: $5,726 Original Creditor: WELLS FARGO RAYMOUR FLANIGA (Retail) Past Due: >$7,035< Pay Status: >In Collection< Remarks: ACCT INFO DISPUTED BY CONSUMR; >PLACED FOR COLLECTION< Estimated month and year that this item will be removed: 11/2016 EX ASSET ACCEPTANCE 11234.... PO BOX 1630 WARREN MI 48090 800 614 4730 Recent balance: $7,035 as of 03/04/2015 Date opened 04/2011 Status: Collection account. $7,035 past due as of Mar 2015. Address identification number: 0658903301 Original creditor: WELLS FARGO/ RAYMOUR FLANIGA Type: Debt Buyer Terms: 1 Months On record until: Sep 2016 Credit limit or original amount: $5,726 High balance: $0 Monthly payment: $0 Recent payment: $0 Date of status: 09/2011 First reported: 08/2011 Responsibility: Individual Comment: Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act).
  7. At some point, the lates should start dropping.
  8. I guess that would be up to the particular dealer. Some dealers are pull crazy. I don't know your cash situation, but it seems like the CU should be able to work with you if you have a big enough down payment.
  9. I think that would depend on each card's credit limit. If you put the whole 2500 on A, that should free up 40 or 50 bucks a month that you can use to start bringing B's balance down.
  10. I can only speak for myself so, that said, I'd want the tax lien gone.
  11. I agree with @willingtocope. If the car is turning into a money pit, replace it. I was also approved for a car loan shortly after buying my house.
  12. Thanks, @BV80. Sounds like it could be either one. I'll give the postal inspectors a call.
  13. What possible reason could there be for the USPS to pull my credit? I have never applied to their CU as I don't qualify to be a member. My interaction with the postal service is pretty much limited to occasionally buying stamps. It was a soft, but nonetheless, what possible PP could they have and where the heck would they even get my SS#? This is on EQ. Company Information Date of Inquiry UNITED STATES POSTAL SERVICE 01/02/15
  14. If that's all that stands between you and a mortgage, paid is better.
  15. @willingtocope gave you the best advice. Run it by a tax attorney. Issuing a 1099C on non-recourse paper is, at the very least, false reporting.
  16. Hi WhipItGood, Asset bought the account in 2011 and sued me in their own name in 2013. Citi removed their TL from my reports in 2011 and Asset has been reporting every month since. My question is the same as yours, why are they issuing a 1099C for a debt they don't own. About them withdrawing the complaint, their lawyer had nothing but the printout of the account information from Asset's system. Usual info, amount charged off, DOLP, when they bought it, OC name and account number. Not much more than you'd find in their TL on my CR. The attorneys who filed the complaint are a 3 hr drive from the courthouse. I think they probably told the local guy to withdraw if he couldn't get me to settle.
  17. Asset bought it from Citi in June 2011 and sued me on it in April 2013. The local lawyer they sent to court withdrew the complaint because he had nothing to prove the debt. The only paperwork I could attach with my tax return would be a printout of Asset's tradeline from my CR that references Citi as the OC and collection letters from Asset that also reference Citi as the OC.
  18. How close are they to SOL considering the clock was stopped during the time you were in Chap 13?
  19. Including them in your Chap 13 made them community debts.
  20. Thanks for the responses. I don't relish that thought, but it is what it is. Either way, being upside down in my mortgage more than covers the amount of the 1099C. I just hate to see them get away with this crap.
  21. The Identifiable event seems a little gray on this one. By selling it they transferred all right and title to it to Asset. I guess my question is, how can it be income? What Citi did equates to issuing a 1099C for a debt they didn't own. You'd think if anyone had a right to issue one it would have been Asset.
  22. I had a defaulted Citi card that they sold to Asset in 2011. In Feb or March of last year (after I had already filed my taxes) I got a 1099C from Citi for the that same account. Two different tax advisors told me to just file an amended return and a 982. But the point is, the 1099C shouldn't have issued. They sold the debt 3 years before issuing it. Is tax court the only way to contest a 1099C?
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