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Everything posted by dustman

  1. I settled a judgement this last week that i had. The other attorney said they would not even be open to vacating the judgement even after payment due to NC not allowing that to happen, and there being no issues with the judgementsuch as improper process or procedure. So they are going to send the clerk a cancellation of judgement that marks it cancelled and paid. But not a motion to vacate. The CLERK at the courthouse says that they can give me a copy of this cancellation of judgement motion and then i should dispute it and it will fall off. She says people do it all the time and that they will let it drop off once i dispute it when its paid. Does this sound right? Or did i just land a really nice clerk? Thanks Dustman
  2. Thanks As of today new years eve it has NOT been posted on my report from this CA only from the OC and 2 of them have been deleted. SO if i can get the DV sent to them before there is a tradeline from them they CANT legally report it until its validated to me right? Can they even put it on my Credit report before the 30 days is up? Mabye i should send it priority mail thanks regards shane
  3. Hello friends I had a account with alltell financial thatwas reporting on the 3 bureaus. On the 3rd round of disputes it dissappeared off of ex and eq. TU can always verify magically. Now the thing is these were deleted off my 2 credit reports 6 months ago. The debits themselves arent too old mabye 2 years. So today i get a letter from OMNI credit out of florida. Apparentely they sold the debit to a collection agency. My main questions are this. 1- Can this CA report this account (there be 2 reportings on the same account) in addition to alltel doing a tradeline? 2-what can i do to keep this OFF my credit report? to keep them from putting a tradeline on? I will DV on tuesday and see what happens. Thanks for everyones help
  4. i have found this from the NC UCC This sounds like i have a pretty open and shut case since the landlord called asking what to do with the check, and he was told to cash it if they wanted anything. Question is since the Collection agency has verified this debit over and over does this put the oc in violation of any possible FCRA or FACTA sections? Main questions 1-does this sound like its in my favor 2-see any possible other claims under federal law since this has been disputed 3 times thru the bureaus. § 25‑3‑311. Accord and satisfaction by use of instrument. (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply. ( Unless subsection © of this section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. © Subject to subsection (d) of this section, a claim is not discharged under subsection ( of this section when the claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place. (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. (1899, c. 733, ss. 5, 6, 197; 1905, c. 327; Rev., ss. 2154, 2155, 2346; C.S., ss. 2986, 2987; 1965, c. 700, s. 1; 1995, c. 232, s. 1.)
  5. so should i deal with the oc or ca on this? It dosent show as charged off but as in collections. What do i need to ask the oc if they still own the accout and i settle with them will the ca stillr eport me to the cra's?
  6. I have a question thar i have searched to death. In the credit repair primer it advocates disputing all negatives first and allowing the easy ones to fall off. Ok easy enough by the time you get the results 30 days have gone by. Now divemedic then recommends to Debit validate the remaintind ones and do a redispute with the Bureaus. If they verify but dont validate they broke the law according to that thread and they violated. How can this be true if the DV wasent sent within the 30 day window. I dont remember the 30 day window of DV being so critical in the past. *(been a lurker here for over a year) Now if a CA dosent have to cease collection activity after 30 days then wouldent this be in error? Im honestly trying to understand this so no flaming. Have things changed since last year because the 30 day thing was almoast never talked about before. BTW i know you can always claim not to have gotten the 30 day notice and the burden of proof is on YOU so is that what was meant?
  7. BTW i did place a rstrictive endorsement on the check for the last months rent. they cashed it and i know that those normally dont hold up but i figured it was worth mentioing. i also heard it called accord and satisfaction,
  8. I had a 12 month lease that was broken 3 months early. Because someone tried to break into my house TWICE. Police was called .. everything. The landlord said (they were probably just loooking for presents!!)anyway we moved back into town because of it. Anyway i have had ABSOLUTELY NO contact from either the OC or the CA except for the validating the debit. They tacked on all kinds of fees and charged me for replacing the microwave and other things they did WHILE i was there because they broke. Plus a They never call, never write or attempt to collect in anyway. Even now that they have my address they do nothing. So i dunno its like they dont care if they get paid. i think that mabye the landlord company gets a tax writeoff mabye LOL? Anyway LMK if more info is needed.
  9. Any ideas how to find the e mail addy for the wells fargo financial top brass? i know the CEO's name is Thomas P. Shippee but im turning up nothing any help is appreciated. shane
  10. Hello, I have a accound showing up as First point collections collecting for "briley propertys" In the collections section of my credit report. The DV and dispute hasent got them they are very sharp. I want to do a pay for delete. Whats nice is that both the collection agency AND the OC briley propertys are here in my city (Greensboro NC) . So who do i approach to do a pay for delete? THe CA or the OC? the people at briley propertys are old ladys but boy do they play hardball LOL. THe debit is for 1900 for a broken lease. FWIW when i DV the CA the OC sent me the validation in one of their envelopes THanks for the advice.
  11. i have 1 3500 card with currently 80% utilisation working on getting it down a few 1000 cards with nothing on them and a few low limit cards with not much on them either. Highest limit on my own is 3500 and its high uti for now.
  12. Hello, I have a brother who has had me as an authorised user on his AMEX card for 3 years. never late payments so thats good. However the limit lists as 0 and high credit was 11.5k and it has 10k balance on it so its pretty much maxed out and he never pays it down. How much is this hurting my credit score? I have lots of other positives like mortgages never late and car payments and my own caards never late. However i DO have 1 collection. Would it HURT or help to remove that account from my credit file. I heard authorised users fall right off upon disputes.Id hate to lose the history BUT its dang near maxed out all the time. EX EQ TU 640 607 597 FICOS