Ahntara

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Everything posted by Ahntara

  1. Did you read the FCRA 1681b, Subsection 604 about Permissable Purpose? That should answer all your questions about PP. "...What is to stop me..." An individual consumer doesn't qualify as a client/subscriber of the CRA's. They take THAT part of the responsibilies very seriously. "...anything that states they have to disclose..." If your state has a version of the FCRA you should the PP portion. Phone & other utilities qualify as 'legitimate business need' for the info or these companies wouldn't be able to get CR's in the first place. See 1681e, Subsection 607.
  2. "...if they put this on your credit report after the SOL ran out, that is BS..." Interesting theory, but false. SOL is state law concerning the time period for valid lawsuits and details the ramifications should judgment be granted. Credit reporting is regulated by the federal FCRA. The time limits are enforced uniformly by the CRA's regardless of what state they live in.
  3. "...legitimate credit repair companies..." "...name one..." The one I used to run was legit. The business also closed within a year because I found it impossible to both make a profit and keep my integrity. It's not that every business out there wants to take advantage. Their priorities are (have to be) making enough money to keep the lights on and the doors open. I tell people that no one will ever care about your credit/money/financial health more than you. The OP wanted to turn her issues over to someone, anyone, rather than take it on herself. That's a common feeling and desire. It's foolish to discount the overwhelming nature of credit repair for the majority of consumers. Many people are willing to hand over their personal information, a great deal of money and their financial future to someone who will just take care of it. When they have trouble finding that, they request a list of steps. They are looking for the most simple way of attacking the task at hand. What consumers really need is guidance, information and coaching, not a paid service or list of steps. It's also true that this requires educating themselves, applying discipline and activity for a long time. WE know the benefits. But those aren't apparent to someone starting out. I hesititated responding to this thread because the OP was set on finding someone to pay. I'm glad that swirlgirl & others talked her into taking it on herself. We know that this is the best way to tackle credit issues. But this thread proves that, that's not the most pleasant thing to contemplate.
  4. Apartment complexes, real estate companies and property management firms may be a problem, cuz they typically check creidt and/or LL-oriented CRA's. They are looking to avoid the exact risk your history hints at. Fortunately, there are other options. You can try privately-owned condos, townhouses & single family residences. You also have the option of owning-up when you apply. Tell them you have this old issue showing and ask beforehand if it will prevent them from renting to you. Save both of you the inquiry. You may need to offer a larger deposit. (Money overcomes a lot)
  5. It's one of their sources. Many countiy governments allow online access to their PR's. If you actually have a judgment, it's easy enough to verify. I used to make calls all day...
  6. CC: It would be great to see a score before and after your endeavor...even a FAKO. Just a thought!
  7. You get more flies with honey than vinegar. CA's have contractual agreements with the CRA's. They both value this symbiotic relationship and won't sign an agreement with a consumer that violates it. At least you didn't get the 'it's illegal' line. There is nothing about a NDA that violates their contract or their business relationship. Client/Subscriber/Data Furnishers pay to report to the CRA's. It saves money when they halt reporting on a paid collection account. That's why NDA is a better way to go. Of course, you can always continue to pursue your PFD. But if you'd actually like to get this resolved, you may wish to investigate other options.
  8. What do her state's laws say about WC? Depending on the specifics, the other details shouldn't matter. SHE, as the injured person covered under state WC laws, isn't liable for medical bills (at least in the states I'm familar with). If she gets distracted by the date of firing, or her former employer going out of business or anything else, the CA will continue to bother her. Stop it all by going back to basics. Then, once liability is properly re-established, she can work on her CR and obtain a removal letter. I'd suggest she bypass attorneys, for now. Research & read the laws herself.
  9. "...Unrated...no balance and no CL..." It's UNimportant.
  10. Instead of aiming for a PFD, you could try a Non-Disclosure Agreement upon PIF. "...against their company policy..." It's also (probably) a violation of their contract with the CRA's, which is why it's policy. Fortunately, there are other ways...
  11. "...who knows...what they will check..." The apartment complex(es) know. You can always call & inquire about their Reporting Agencies and requirements. It's in both their interests and yours to save unnecessary inquiries. You shouldn't agree to an inquiry when there's no hope and they need to control expenses; although they typically pass those onto the consumer/renter. You also want to ask about application fees. You can also change your focus to privately-owned rentals, like townhomes, duplexes & single-family structures. Many are managed by property rental firms or Real Estate companies, but lots of owned & operated by individuals. They tend not to pull credit, but might, so it's always good to ask up-front. My tip - money overcomes a lot. You can always own up to your history and offer a larger deposit. I wish you luck!
  12. Sis needs to research her state's WC laws. In Florida, it's forbidden to hold the patient liable for anything WC-related. Here it wouldn't matter if she made a payment, by accident, or not; nor would SOL. WC is in a category all to itself. Perhaps, in her state, it's that way also...
  13. It's better to have a lower score with clean(er) history than a higher score with derogs. Scores are moot unless you are applying for a loan or obtaining a new insurance policy. Other than that, why worry about a number? You'll recover faster & easier with the TL gone as you build history on positive, on-going accounts. Remember, this is a marathon - not a sprint.
  14. The separate TL's may appear on your CR to show all the history of the account.
  15. "...He does not want her arrested, he just wants it to stop..." Unfortunately, Dad can't have it both ways. ID Theft/Fraud is a crime. Your Father and the creditors are both victims of Sis's actions. To protect himself, he needs to fill out the recommended documentation and leave it at that. If she gets locked up, it's the consequences of her actions - not his. FYI: You may wish to read and print off for Dad the FCRA 1681c-2, Subsection 605B, along with the definition of a valid ID Theft report found at 1681a, Subsection 603(q). Sending any information to the CRA's may easily result in a 90-day Fraud Alert being placed on your Father's Consumer File. But blocking the actual accounts REQUIRES a valid report. For further protection, he may wish to extend his FA to permanent status. Be aware that even these actions won't offer him the protections he needs from Sis's nefarious dealings. He's probably going to get that only if she is stopped.
  16. Your question involves 2 separate issues. "...can the CA still sue me..." Yes. You can be sued by anyone at anytime under your state's laws. If you were sued over this debt, you could raise the expiration of the SOL as an affirmative defense (providing that it is actually past {your state's} SOL). "...can i try to get this off my CR?" Yes. Reporting Period is determined by the federal FCRA. There is a sticky at the top of the page. According to 1681c, Subsection 605, accounts placed for collection, charged to profit and loss or other similar activity can appear for 7 years plus 180 days from the 'beginning of the commencement of the delinquency'. This account can display until 02/09, but may get suppressed earlier if you dispute.
  17. It's not the 'same amount from two different people', it's the same amount from either of the two people since both agreed to repay the debt. Co-signer = jointly liable for the debt.
  18. "...demanded that they do not contact me by phone and only contact me by mail..." There's your problem. From the FDCPA 1692c, Subsection 805© "...CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt..." The law doesn't provide the alternative to only contact you by mail. If you send a 'cease communication' letter, that applies to all communication. Even then, as you can see, there are conditions under which they can contact you, again.
  19. Do you hold title to any real property, or plan to during your state's lifetime of a valid judgment? Cuz, the appearance of a judgment lien in Public Records, whether on your CR or at your county courthouse, will be meaningful to potential lenders, insurers, some employers and others with PP to view your CR or those records.
  20. Anyone? I really need assistance here...
  21. The only legal remedy I know of is contained in the FCRA and those provisions are directed to the CRA's. From the FCRA 1681c-2, Subsection 605B "§ 605B. Block of information resulting from identity theft (a) BLOCK- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of-- (1) appropriate proof of the identity of the consumer; (2) a copy of an identity theft report; (3) the identification of such information by the consumer; and (4) a statement by the consumer that the information is not information relating to any transaction by the consumer...." I would suggest you read the entire section. The CRA's do have the right to decline or rescind, but the qualifications for doing so are specific. Re-send all your documentation (hopefully it includes all 4 points listed above) to the offending CRA. Quote the law to them and show that they have NO CHOICE but to accept your docs and PERMANENTLY BLOCK the alleged accounts. Insist on their compliance with the law. Re-send a copy of the docs to the Data Furnisher for informational purposes. They no longer have PP to pull your CR or a leg to stand on for collecting, suing or arbitration. Good luck!
  22. QM07 - The purpose of filing a police report is not necessarily to initiate a successful police investigation. As you have reasoned out, this crime is not typically investigated, solved or prosecuted. It's still important for victims to file police reports to ESTABLISH A PAPER TRAIL that validates your legitimate claim as a victim of a crime. Allow me (to interject a little civility {j/k}) direct you to the FCRA 1681c-2, Subsection 605B. There's a link at the top of the page. Although this doesn't apply to your situation, the similarity will work for comparison. A valid identity theft report is REQUIRED and often is the only thing that separates (about a million) claims of 'not my debt' from actual identity theft issues. The CRA's may rightfully ignore such claims unless a valid report is filed and included in a dispute. Once included, the law gives them no choice BUT to take notice. Once again, this is just an example that doesn't apply directly to your situation, but may clarify the need for, and actual use of, a police report. For further clarification, you may also wish to read the definition of a proper report at 1681a, Subsection 603(q). That section provides alternatives to local police and also gives the REASON a valid report is needed. The theft of $3000 is significant. I don't think anyone is dismissing that. And I'm sure that no one in this thread wants your local police, or police located at the site of the crime, to stop dealing with violent crime to look into this issue. YOU still need the protection, and papertrail, of a proper report, which you now have. You may also wish to research your state's laws on ID Theft to see if there are additional requirements and/or protections. You may also wish to contact your state's AG, local BBB, your state's Bank Examiner and the FTC. Many of these public agencies compile records. Adding this additional documentation also serves to add a tone of legitimacy to your claim. You may find that every little bit helps. Be aware, that contacting these agencies will, most likely, also be 'useless' from the perspective of investigating, solving and/or prosecuting the actual crime. But, hopefully, they will afford YOU a measure of protection as the victim. I wish you luck!
  23. Removing late pay notations on otherwise positive accounts is problematic. You run the risk of getting the entire TL suppressed, which may not be in your best interests. If you continue to dispute, you may also get the dreaded 'frivolous' letter. Once that gets tagged, it can be difficult to get CRA monkeys to do anything on your file. Since this is all the derogatory data you have left, you may wish to let things lie for a while. Your late pays will have decreasing impact on your credit score as they age. After 24 months, their effect becomes negligible. And, if you pay all those accounts on-time from now on, this will show to future lenders, insurers & others.