mdk003

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mdk003 last won the day on June 28 2007

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About mdk003

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  1. My understanding was that SOL was only tolled if you moved out of the country, or were trying to evade the debt by hiding. I don't think I've seen anyone try to claim SOL tolled for just moving from one state to another. Given what scumbags they are, you'd think one would have tried it. I went from Oregon to Washington (both 6 year SOLs) and never heard anything like that. I wouldn't worry about it.
  2. Ah, I had Allied back in the day. This is what Zombie Debt does...it just lumbers around and ignores you. Send them a C&D? They'll sell the debt to someone else, who will bug you. Send them a DV? Same. Round and round you go, until you get sick of paying $5-6 a time to send certified letters that they ignore. I believe that the collection industry is so hyper-inflated because of accounts like mine. They may have a paper value of around $20k, but in reality they are worth nothing, because it's all far past SOL, and I never pay anything. But they keep selling and trading and exchanging the debts as if they were valuable. I gave up on it, and I just keep all the new letters from new collectors. Most of my debts are so old that they don't even send me an annual letter about it any more. If a debt is outside the SOL, I would send one last DV, and keep records of it when they ignore it. Then ignore every other response on that account, whether from the same collector or a new one. No one is likely to sue over debt this old, and, if they ever try anything, you can produce a stack of correspondence showing they have never responded to your DV.
  3. I had something similar happen. At one point, I had the same debt something like 4 times on the report: 1) the original charged off debt 2) the last collector who owned it 3 & 4) the new collector who had bought it, and listed it twice I complained to the CRA and contested 2,3 & 4. They took them all off without a fuss. In your case, it's possible the report is just slow to catch up. Why not contest the entry and see what happens? Either the CRA will remove it, or the collector will have to validate it.
  4. No, not a chance. The judge is ruling on whether or not you OWE the money. Your financial situation is completely irrelevant to them. Of course, if your situation is that bad, suing is not really going to help them much. Then they have a judgment they can't enforce. Why not? If you owe a lot of money, and you're judgment proof, why not declare bankruptcy? If I could do things differently, I would have declared bankruptcy and been done with these debts 10 years ago. Instead, I STILL have uncollectable zombie debts lurching out of the shadows every few years, and it's going on 20 years now.
  5. I came here to post exactly this. I have received a dozen offers like this. They appear like ordinary credit card offers, except they are really offering you a new credit card on the condition that your old debt is transferred to it (restarting the SOL, and confirming the debt at the amount THEY claim...what a deal!) They are sometimes VERY sneaky about this. Cavalry offered me four or five of these before I read it more carefully and realized what they were doing. All of the other offers went in the shredder like most of my unsolicited offers. If you didn't sign any agreement to transfer the balance, then the two accounts are unrelated. I have at least two credit cards from companies who I previously had cards from that I defaulted on, and they have never, ever said a word about the old, sold-off, and dead debts.
  6. I had four listings for the same debt at one point. The original line, one by the last JDB, and two (?!) by the current one, who had never contacted me. I contested them all, and said they were the same debt, and they couldn't list it multiple times. The CRA didn't argue at all. They just deleted everything but the original one, which fell off shortly thereafter. DV for T&K. Specifically ask for proof they own the debt, and point out that the credit report doesn't say anything about them. They don't HAVE to give it to you, but you might as well ask. Dispute the listing for Arrow with the CRA. Give the reason that you were told by Arrow they no longer have the account.
  7. I've gotten these kinds of letters from them in the past. The best was when they took a debt from another collector (about $2k, I think) and tried to collect $10k from me. When they sold it on to the next JDB, it was back to the $2k! Personally, I'm a big fan of requesting a DV from them because when they fail to provide it, it can give you legal options later if they keep trying. Plus, in this case, it might give you more information about the source of the debt. Cinnamngrl, why would the debt toll because they left WA? Debt tolling only occurs if you leave the country, not move from one state to another within the US. Or am I missing something?
  8. The 1099 was for a very old debt, well over 10 years old. So it was off my reports and had been for many years, and I wasn't able to see what the effect on the tradeline was. I would suspect that it has absolutely no effect. 1099s are IRS forms, and only the IRS will see them. It has NOTHING to do with credit reporting or credit scores. I guess you could try sending the 1099 to the CRA as proof the tradeline must be closed, but I'm not sure they would consider that proof. Bear in mind the IRS has absolutely not taken the stance that a 1099 cancels the civil debt; quite the opposite in fact, as they've said it has no effect. All they are saying is that they want their taxes paid on the amount "forgiven".
  9. I have sent probably 2 dozen DV letters over the years. I have received 3 responses of ANY kind. 2 of those were essentially form letters saying "we got your letter." Only once did anyone come close to even trying to provide validation. Everyone else either ignored it, or sold the debt on to the next sucker JDB. So I'm not surprised you got no response. Save all your documentation. The fact they didn't respond to your DV gives you a certain amount of legal power in the future. Personally, I would now ignore them. They aren't calling any more, right? That means they are basically giving up, and just sending letters because they have nothing they can really do. The debt is apparently beyond SOL (CHECK FOR YOURSELF! BE SURE!) so if they actually try for a judgment, you can claim SOL. It's also 8 years old, which means it's off her credit reports. If it's not, then write the CRA and dispute the item as being too old (past 7 years), and force them to remove it. If they send a 1099 on the debt, then immediately contest the 1099 on the grounds that they never responded to your DV, and thus the 1099 is invalid because it's an unsettled amount. Of course, if they become annoying or abusive, or you get tired of getting letters from them, then C&D them and/or file an FDCPA.
  10. Close the account immediately. You do not have to give the bank a big story...just tell them exactly what happened. You were contacted, and persuaded to give account information that you are now uncomfortable about giving. For future reference, NEVER EVER give this info to anyone over the phone. Not a collector, not anyone. Period. The only possible good reason to give it out would be for direct deposit from an employer, and you could do that in person. Anyone else, write them a check. They can wait the week or two for it to be physically mailed and cashed.
  11. Great resources, but I have to comment on your signature line, " Is a Collector licenced in WA? They HAVE TO BE!". There is one big exception to this rule. JDBs do not have to be licensed, as they are considered the owner of the debt, and not a "collection agent". If they have BOUGHT the debt, as opposed to just having it placed with them for collection, they do not have to be licensed. This comes directly from the board of licensing, to response to my asking this about a JDB contacting me who was not on their list.
  12. Oh, I know Allied. True scum. If I recall correctly, they were some of the worst about continuing to call me on a debt that was for a person who shared the same last name, but otherwise I had never heard of. They simply do not care what you say, they will continue working the numbers they have until the end of time. If you just want them to stop, I strongly recommend you file a formal complaint with your state AGO. This worked like magic for me. Every single scumbag answered, lied their little black hearts out in response to every claim I made, and yet agreed to never contact me again. Most responses came from their lawyers, so these responses cost them money. It also hurts their reputation with the AGO, and they know full well that too many complaints could lead to them losing their ability to work in that state. So even if you don't "win", AGO complaints are great for getting them to leave you alone. Best of all, it's free for you. Most AGOs have an online form these days (well, my last two states have one anyway). That's even cheaper than a certified letter, and FAR cheaper than a lawyer letter.
  13. The bad news is that your credit is pretty damaged for about the next 7 years. The good news is that there are plenty of people in your situation right now, and it may be less of a handicap than it used to be. The first thing to do is assess your situation. How much do you owe? How much can you pay without putting yourself back into trouble. It doesn't do any good to pay off a card, then get evicted for not paying the rent. If you can pay something, then offer the collectors a deal for them to close the account. They will want the moon, but just tell them this is all you can do, take it or leave it. Make sure they agree to close the account, and mark it paid in full...otherwise, they'll sell off the balance to another collector! Thing is, the way the system works, it really doesn't help that much to pay them off because the bad info will still be on your report. You can try for "pay for delete", but they really don't have to do that. The only sound business reason to pay them is to make sure they can't file judgments against you and come after your home or other major assets now or later. The last thing you need is to restore your credit, buy a house...and have them swoop back in with a claim. If you're really, really in the hole, then consider bankruptcy. BK is always a great threat for the collectors, whether you really intend to do it or not. Tell them if they don't settle, then you may as well file BK and clear the debt entirely. Hope this helps some. Remember that they have very little power at this point. Your credit is trashed, and, presuming you have no major assets, they can't really do much to you.
  14. This is just weird all over the place. The 2018 makes no sense at all. I would immediately call EX and ask them to explain it. Follow up with a demand to remove it, as it is clearly inaccurate, not to mention that the AMEX person confirmed it was from 1998, and thus too old to be on a credit report. Second, if this is fraud, then tell AMEX that. It changes the entire case. Do you have any documents from way back when they contacted you about this convenience check? Was there a police report filed? Third, was this on your reports in the past? Or did it magically appear there in the last little bit? Finally, note that if they are the original creditor, not a third party debt collector, much of the FDCPA does not apply! So they may or may not be in violation of that. However, I think they are violating the FCRA by trying to put a 12+ year old debt on your report!
  15. Not quite. There are something like 7 triggering events that the IRS defines. Essentially, they come down to the same thing: is the debt still actively being pursued? If the debt collector takes no action on the account for 18 months (I think...going from memory), they have to issue the 1099. The OC is not affected because they have either sent it out for collections, or have sold the debt to the JDB. Neither of these is a triggering event. The 1099-C has separate boxes for the interest and the principle. In theory, the interest could be tax deductible under some very limited circumstances. This is more applicable for things like houses, where your mortgage interest is deductible, than for credit cards. If the card was used for business, then the interest might be deductible. In most cases though, the forgiven debt is going to include both interest and principle. The 1099 I received had the amount as a sum in one box. Could I have contested it on those grounds? I suppose, but I think it would be a very thin case. There is no hard and fast requirement that I could find that you MUST fill it out one way or the other, and no penalty for filling it out wrong. I know everyone likes to hate JDBs, and with good cause. But 1099s are not their idea, and they do not benefit from them.