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Everything posted by SRussell

  1. Long story short: Been served a summons, Asset wants to go to court. Most likely, the action was triggerred after I hired an atty myself and he sent a letter to them on my behalf. For now, at least 3 FDCPA violations were spotted by my atty based upon the paper trail I've provided. This should be interesting.
  2. Mr. Clark, your input is greatly appreciated. I respect my broker; his wife and I have been freinds for years (before she married him), and our discussions have been to the point and without all the slick sales talk. Your comments confirmed our conversations. On a side note, Although I won't close on this house (condo), the development is still ongoing. Only 60 of the 120 units have been built. So, I will convert my downpayment for the existing condo into a downpayment for one that has yet to be built. (I spoke with the developer and he's OK with this.) This will lock my price, and gives me an additional year to fix my credit. Another bonus, is that I expect to close with at least $15,000 to $20,000 equity because I'm buying preconstruction. So, things happen for a reason - so I've been told.
  3. 620 & no doc is real, but so are the rediculous interest rates that go along with that type of loan. I could close on the house, but I'm gonna have to pass. jimdiamond, brokers are like used car salemen. Some are worthless sleeze, and some are ethical. My guy is the 2nd of the two.
  4. Long story short, found a new home, closing in 6 weeks. Current mid score is 580, need 620 to get no doc, stated income loan (according to my mortgage broker). This is very necessary; I have a job and side business but can't use side business income, less than 2 years to show although business has been great. Results from disputes come back in 2-3 weeks, paying off all outstanding debt before close, with the exception of two accounts. After disputing and receiving unsatisfactory VOD requests, an attorney is now representing me. He's found (confirmed) obvious FDCPA violations. I may file suit. Questions: Would my attorney's involvement help with my loan - in showing the invalidity of some of the items on my CR? He's stated that he's helped clients in the past with similar issues acquire a mortgage by communicating with brokers and loan officers on his client's behalf. Also, would a broker who works with CBC Innovis rapid rescore (Rapid Response specifically - http://www.cbcinnovis.com/cpage.php?p=2100) be recommended in my scenario? 620+ Fico would be guaranteed regardless of current dispute results if the disputed (violating) CA's were not taken into consideration. I don't know how common - or unusual - my situation is. Any input would be appreciated. Thanks.
  5. This, I just left a law office about an hour ago to discuss my own credit battles. The attorney I spoke with might possibly be willing to review your case for you if you get your paperwork to him in time. Although he does charge for his services, he also takes cases on a contingency basis. The only way to know for sure is to talk with him. He's never battled Credigy before, but he does have a history with Assett - and their attornies. He has experience. After dismissing 3 other attornies (before interviewing this guy), I can testify personally that what the Admin is saying is 100% true. Some lawyers just don't want to get their hands dirty. But this one does. Once again, PM me for details if interested. I would bet that he would be glad to help.
  6. Just curious, did the ID Theft approach work? If a CA doesn't validate after VOD, is this a viable solution? *edit* -> After doing more reading, this may be a dangerous move. Reporting ID Theft on an account you suspect is actually yours may actually break some laws and could invoke prosecution.
  7. Just adding my .02 cents... I disputed wrong address info about 2 weeks ago, waiting for response. I included the following documentation: 1) My driver's lisence (didn't blackout #, good suggestion for the future), and 2) A copy of a real estate listing for a stip mall... a commercial property with the same address that's on my report. (Google is the isht!) Still waiting for "verification". We shall see.
  8. This, I am also in Michigan and dealing with Credigy too. I haven't been served (yet), but I just found what I beleive is a good attorney (from NACA) who isn't cheap (what attorney is?), but is reasonable. He will charge according to work performed, not that "$600.00 up front retainer, then $200.00 per hour" crap. He was upfront with his fees, and what he would / could do for me. PM me and I will give you more info. Talking to him over the phone is free... who knows what could happen? Maybe something could be worked out and he will take your case. Please keep your head up. All this will pass. You (we) may not laugh about it in hindsight, but you WILL get through this.
  9. Makes sense. Thanks.
  10. "I believe it's correct to say that the only thing that truly and completely eliminates a debt form existance is paying it..." Please explain. Assume DOLA is 7 1/2 years ago, plus one day. You are a CA. How will you collect from me?
  11. Conversations between the Site Adimin and the Moderator regarding subject matter details are priceless. We (newbies) benefit as a result... this site is priceless.
  12. Methuss, question: The statement (bolded above), I'm not quite understanding. "Paid current" can show when a lesser pay-off is negotiated (as you've explained), but this is for accounts held by the OC only, correct? With CA's , this means little... it's the same as "paid chargeoff" without the "settlement / paid lesser amount" verbiage. Please let me know if my understanding is correct. Thanks.
  13. See, all that you've stated isn't my concern... and I get the "abuse over the phone" stuff. I appreciate Master P's explanation... thanks. But without case law, what exempts CA's from the FDCPA? And if case law (just the "act" of attempting to collect a debt and not being an OC means FDCPA applies) exists... Why are attornies who specialize in this stuff contradicting the info here?
  14. There lies the contradiction. I've been told that Debt collectors are NOT the same as CA's, and there for do NOT have to be held accountable to the FDCPA. If there is case law which contradicts this, then why in da' heck didn't the "experts" say so?
  15. According to TWO attornies that "specialize" in this stuff, it does matter.
  16. Yup. I just wish the attornies I'm interviewing made sense.
  17. ...or, they might be. This is the legal mumbo jumbo I'm receiving from attorneys, specifically from www.naca.net. Why is this important? Because if they are NOT considered collection agencies, then the FDCPA doesn't apply to them - at all. What's the difference? According to the attornies: If someone is assigned a debt by an OC, they are a CA. If someone buys a debt from an OC (or another CA), they are not a CA, but a debt collector. Debt collectors are not covered by the FDCPA. Why? Because they own the debt; they bought it. They weren't assigned the debt. Does this make sense? Please... there's gotta be someone that can straighten this out. *arghhh*
  18. This is a good question... I've been struggling with it myself. Some say it makes no difference, while others believe disputing with the CRA's first (and DV the CA's later) might work; DV'ing first or at the same time might "warn" the CA. I bet that there is an EXTREME volume of consumers in the system. My guess is that it makes no difference because CA's and CRA's are far too busy to notice who sent what and when. I'd say do them both at the same time. But, I'm new at this... hopefully the more experienced here will chime in.
  19. "Asset lied" That should be expected. Did you send your DV certified mail? Did you save the letters and responses from Asset? Including the envelopes they came in with the date printed on it? Keep good records, and keep on doing what you are doing. As long as you do that, that will negate anything Asset says or does - short of actual validation or lawsuit filed.
  20. I coudn't agree more. I DV'ed Assett twice. Scenario: Received a letter from an attorney representing Asset (scare tactic). Dv'ed, and got a micro-fiche credit application with my name. That's it. Dv'ed again, w/ bolder language; I claimed the information provided was insufficient. Now I've got at least 3 (so far) FDCPA violations - due, in part, because they ignored my cease and decist, among other things. If they were gonna sue, they should've done it long before now. They are offering to settle, make extended payment arrangents, you name it. Although I HATE the idea of court, part of me wished they would sue now. I know their case is weak. Do yourself a favor and fight them using the info you find here. It's invaluable.
  21. We have tried getting HELOC but do not have enough equity built up in our home With the additional income you are expecting, I wonder if it would be a good (or bad) idea to throw that extra income into your home in order to qualify for a home equity loan sooner. That way, if you dump $10,000+ towards your equity, you might pull $20,000 back out??? Just a thought.
  22. Based upon what's been posted throughout this board, don't count on an attorney "knowing when to stop". Greed has it's own power. Proper validation MUST be 1) a signed contract -OR- a signed credit application with the OC, 2) complete payment history from the OC, and a written contract or some other valid document which shows assignment of the debt from the OC to the CA. Question: Can ANY ONE of those things constitute validation or must it be ALL of those things?
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