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Robert Nashville/Savannah

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Everything posted by Robert Nashville/Savannah

  1. Hello folks, I just found out last night (after two hours on the phone with the IRS) that some dirt bag/son of a bitch filed a fraudulent federal return for the 2010 tax year using my SSN. I'm taking all the "normal" steps (police report, fraud alerts on my bureau reports, FTC report, etc) but I'm wondering if anyone here has has any personal experience with this particular kind of ID theft and if so, if you have any words of wisdom to pass along? Thanks in advance for any info!!!
  2. Well...it's ACS...what I know about them would lead me to believe that they not just routinely but purposely violate. In other words, I'm not surprised. I guess they figure that the risk of being sued for violations is outweighed by the $$$ they get by scaring people into paying.
  3. Unless I'm misreading your post, both of these accidents (in indeed they are the source of the tradelines) are less than two years old...I'm not sure why you think they would be past SOL? Regardless, if you want to do anything about these then you need to request validation of each debt...until you know what you are dealing with you really can't make any informed decision about how to proceed.
  4. I suppose so...if it's a JDB and if the JDB sues and if the OP can prove the call happened and prove it's a violation and can get a judge to care about one, seemingly innocuous phone call. I guess I just don't think in terms of how I can sue or counter sue someone...that's what I hire attorneys for.
  5. If I got a robocall like that I'd simply block the number and get on with life...if they really want to collect a debt from you they'll write and then you can start the DV process...if all they are willing to do to "collect" is robocall you then they aren't going to accomplish anything except wasting their time.
  6. If she didn't want anyone to know she should have kept her mouth shut. Actually, I hope she wins but she really should have kept her mouth shut...it's rare that anything good comes from a protracted conversation with a collector.
  7. I don't want to beat up on anybody here 'cause we've all, including me, done this (and by "this" I mean just call a utility or some other business to "cancel" service). Telephone conversations just don't cut it...without a piece of paper in your hand provided by the provider that documents your order to cancel the service then you've really got nothing to substantiate your side of the story. The adage "if it isn't in writing it didn't happen" applies to many transactions; this is one of them.
  8. I'm not entirely positive that this wasn't your obligation...not saying it is but without knowing all the specifics it's hard to tell. I suspect that unless you can prove you called the gas company to end service it may well be your obligation regardless of who actually used the gas. More importantly, once you've paid a bill it's pretty difficult to then try and say it wasn't your obligation...you could spend a lot of time and possibly a lot of money trying to get this removed and especially trying to get a refund. If can't hurt to try but you'll have to decide if it's worth the effort.
  9. Actually I know of these people (and I use the term loosly). They aren't a "scam", at least not how I define the word, but they are a really bottom-of-the-barrel CA. I don't believe have ever heard of the FDCPA or any other law for that matter. I think these people try to collect debts that even some of the worst CA's/JDBs won't bother with.
  10. It may or may not have been past the SOL (but can't really tell from your post)...however, whether it was or wasn't past SOL there really isn't much point in worrying about it now as you seem to have made a brand new agreement...I would suggest you simply get this paid off and put it behind you.
  11. Perssonally; I never worry about somoene calling saying they are trying to serve me or going to serve me or use similar phrases...if you get served, take it seriously...threats are usually nothing more than that 99% of the time...they may not be a "scam"; more likely just another tactic from a CA that refuses to follow the law (and likely a violation as well). Years ago I got a call from a VERY foreign sounding gentlemenn saying that if I didn't pay him immediately (a debt which, assuming it existed at all, absolutely wan't mine in the first place) he was going to the court house that afternoon. It was a Sunday morning. I offered to meet him at the court house and then I started laughing and almost couldn't stop even after he hung up on me. Sometimes you just have to take time to enjoy the little things.
  12. You can do what you want but one very minor infraction is probably not worth your time and more importantly, it doesn't deal with the real problem which is this debt. I don't know if you are in a position to work a repayment (or even want to) but in any case, I'd suggest that following the debt validation process is what should get most of your effort...if this CA continues to violate then you can take steps to address it. Just my $0.02
  13. I hope your fiancee has cancelled the credit card; if not...expect more charges to appear. Never ever ever ever give a CA electronic access to ANYTHING.
  14. As the reporter, they "can" do whatever they want including not reporting at all or removing an entry. However, they likely have a policy about this very issue and I'm pretty sure that most of this is automated and that a reporter is probably under some pressure to report. So...all that to say, what you are asking for "can" be done but it's "extra work" on their part so whether they'll do it or not will depend on just how badly they want your money and how firm you want to be about this.
  15. I don't ever advise financing a depreciating asset and a motor vehicle is about as bad as depreciating assets get. That said, I'm surprised that one negative account that has been paid is having such a large impact on your scores that you can't get financing??? Time does heal a credit report and each day, this "negative" will have a smaller and smaller impact...also, you have nothing to lose by going to the reporter and asking nicely if they'll remove the entry...they may not but you never know.
  16. Having "violations" and proving them are two different things - I would suggest that trying to sue could well wind up being more trouble than the potential reward. Further, given your financial/income situation, it also seems to me that going through the DV process would not accomplish anything for you. Were it me, I'd write them, tell them your situation and not to contact you further and then ignore them. If they sue...they sue; deal with that if/when it happens. Just my opinion.
  17. 99.99% of the time you want to go through the DV process and anytime you are dealing with a collection agency (i.e. not directly with the original creditor) then going through the DV process is pretty much a requirement. One of the primary reasons there is a DV process is so that you can be certain you are truly dealing with the entity who has the authority to collect the debt/make arrangements on behalf of the actual creditor. If you can deal with the actual creditor that is almost always a better situation than going through a CA so if you have that option or can get the OC to deal with you directly; so much the better. If you are already dealing with the original creditor and/or you already know everything you need to know to make a rational decision about the debt then the DV process, at that point is rather moot. Whether you go through a DV process regarding a debt or not, at some point you will have to start talking (likely on the phone) and working out a deal you and creditor can accept. You can always seek to get a pay for delete; some creditors/CA's will work with you that way and some wont. In EVERY case, whatever you agree to must be reduced to WRITING AND NEVER, NEVER, NEVER, NEVER give a creditor electronic access to your checking or savings account - if you must, open a totally separate checking account and only put the amount of money in the account that the creditor agreed to accept. Not getting a PFD is not the end of the world - showing that you "were" having trouble but have cleaned up you act and have been paying your debts on time or early for a good while goes a long way in qualifying for a mortgage. Hope that helps, some.
  18. Perhaps I'm missing something obvious but I don't see what it is that makes you so certain that this has anything to do with Portfolio Recovery??? In any case, whatever information you've given them you've given them; there isn't anything you can do at this point to change that. If this is PR and they sue you or do whatever else they are going to do then you can face that when and if it happens. SOL would likely be argued by them based on whichever is most advantageous to them and I don't think there is any absolute answer anyone could give you...in any case, it's academic until/unless they do sue you. I'd advise you to not give out any personal information to anyone you don't know; I know I never do.
  19. I'm not trying to beat you up here; I hope you understand. When we are in a crisis we have to prioritize and frankly, unsecured debt; especially CC debt ought to be at the bottom of the list! All I'm suggesting is that, in my opinion, staying in control of the process is always a superior position to allowing someone/something else to control it...if in fact you would lose your house in a BK then, in my opinion, it's better to sell it yourself for as much as you can get and settle the debt(s) with the proceeds rather then let a BK court decide.
  20. It may be a credible threat but regardless,; shouldn't the OP pursue the DV process or are you suggesting the letter be ignored (as far as debt validation) and the OP simply prepare for being sued??? If assets can be transferred legally and without causing any potential legal entanglements then fine; I've no quarrel with consumers using the laws to protect themselves.
  21. Perhaps I'm reading it incorrectly but I think the homestead exemption in Alabama is $5,000 and 160 acres; not $100K. If that's correct then even a distress appraisal is probably not going to protect him from losing his home if he files BK.
  22. I don't mean to beat up on you, I truly don't but let's look at a couple of things... You did create these debts (at least I didn't see any indication otherwise) and you owe them. With this much money involved I'd say it's likely you will be sued and you will lose and you will end up paying whether you want to or not. Bankruptcy can sometimes be an answer but in this case I think it's an answer to the wrong question as your ultimate problem is one of INCOME and neither more debt or the elimination of current debt through BK is going to solve that. So... I'd suggest that your primary concern should be in finding a job...any job...to bring in an income. I know you may not be able to find the type of work you want but when you are in a crisis you sometimes have to do things you don't want to do. Further, I like to control a bad situation as much as possible so were I in your shoes, I'd much rather sell my house myself, get my equity out, pay the debts (maybe even settle them for smaller amounts) and get this behind you as quickly as possible so that you can start rebuilding your financial life - as unpleasant as all that is, I'd much rather do that under MY terms than be forced to do it by some creditor, judge, etc. Further, if you sell your home and aren't tied to a geographic location because of the "house" you could be free to move to find the type/quality of work you want. At the end of the day, a house and all the other property we own is just "stuff" and stuff can be replaced. Just my $0.02
  23. While they may not be able to collect anything right now, that doesn't mean they won't be able to in the future and they may sue just to have a judgment in place should the time come that they can execute it. Still...the proper course right now is to go through the DV process; if they sue then you address that but worrying about it right now isn't going to accomplish anything except good.
  24. I suspect no; just because the have an attorney in your state doesn't necessarily mean they will sue "next" or ever for that matter. Don't get hung up on this "attorney"...hat you most likely have is an "attorney" who can't make a living doing real law so he's (or some person or persons he's hired) is simply a Collection Agent with a law degree. As such, he should be treated like any other CA (and is subject to the same laws as any debt collector is). Whether or not Discover will sue is an almost impossible question to answer. I know nothing about Discover's normal practices; some companies sue as a normal business practice and some almost never do, but, the more you owe and if you owe a good bit (as in $2-3K or more) and if the debt is fairly "recent" the I'd say the chances of being sued increase. Bottom line is, you won't accomplish much worrying about what might happen - for now, concentrate on getting proper validation of the debt (at least so you know exactly how much you owe, who you truly owe it to and that this "attorney" really has the authority to represent the OC). At some point you may be able to settle the debt and even work directly with Discover and if fact, you can both pursue the DV process and try to work with Discover at the same time.
  25. Good advice! I think it fair to say the likely the number one reason why consumers "lose" in fights with collection agencies, junk debt buyers and even original creditors is imperfect/incomplete or sometimes a total lack of adequate records of their own. This is understandable, of course, given that a lot of credit/debt problems happen when our life is already in some kind of crisis. Nevertheless, anything you can do to accumulate documentation/evidence to support your position will certainly never hurt and likely be a very big help when fighting the improper tactics of a CA or facing a creditor in court!
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