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zwiepak

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    Tampa, Florida

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  1. Ok, so I'm helping my GF clean up her credit, and sent TransUnion maybe two or three letters, each disputing different accounts. I sent two letters on one day, then the others a two days later. Keep in mind, each letter contained two, but not more than three, completely individual disputes. So, we get a letter today saying they've got 15 additonal days, blah, blah, blah. Now, 611 says: "§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (1) Reinvestigation required. (A) In general. Subject to subsection (f), if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. ( Extension of period to reinvestigate. Except as provided in subparagraph ©, the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation. © Limitations on extension of period to reinvestigate. Subparagraph ( shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified. " There was NO "addtional" information provided. All the disputes were individual, and no "additional" information was provided REGARDING any of those individual disputes!
  2. It's hot air. A LOT of creditors are doing this now. It's a pro-active scare tactic. They think simply because you're disputing the account then it MUST be fraud. It's BS. I have received a few of those myself, one of them (Chase I think it was) actually wanted me to physically sign off that the account was mine! lol I would not answer that letter. Search around the site, this sort of thing has been posted about often every now and then....
  3. Anyone know if such a thing exists anymore? I just find it hilarious, that in my particular situation, the only negatives I have on my credit report are a few unsecured credit card charge off's, and maybe 2 to 3 collection accounts as a resultant thereof. I've been continuously employed with a good salary for well over 10 years, have had several mortgages and auto loans spanning those 10 plus years, none of which where ever late. Yet somehow, I can't even get a decent auto loan for a 6K secondary vehicle... lol Yeah, those scoring models are great.... Anyway, I was just wondering if there is such a thing as manual underwriting anymore. If I was loan officer, and someone like me stepping in looking for a loan, sure I can see a SLIGHTLY higher than prime rate, but I'd be a really good risk....
  4. Ok, recently, my employer called me out on a few negative tradelines on my credit report, and "required" me to settle the debts due to me applying for a "Series 6" securities license. Although my situation isn't the same as yours, who knows, it just may have an impact. I told them the negative entries on my credit report were currently in a disputed state. By settling any of the accounts, I would be effectively shutting the door on any potential lawsuits and settlements, and would, in essence, be admitting guilt without a trial. By simply paying up, my credit would actually be in WORSE shape, and I would not be able to collect for damages from the creditors. It actually worked, they backed off, and I obtained my license. You've got nothing to lose by trying to address the situation! Good luck!
  5. Check out this link regarding "household" income... http://jbublick.blogspot.com/2007/07/whats-household.html
  6. Wait a minute, I don't think you have to include ALL their incomes. If I'm correct, the language reads something like, "...income of household members paid to support the debtor's household.." I think that means only that part of their income going to support your overall household. For example, if one of your household members makes 15K over 6 months, you don't include all 15K, but rather whatever portion they use to pay for your housing and utilities. FWIW, this Friday I have an initial consultation with a lawyer, as I want to get clarification on this....
  7. I'm not sure the 5 year part is right... This is what I've been finding everywhere.. "Chapter 7 Bankruptcy will eliminate all income taxes except the following tax liability: a. Taxes for which a tax return was due to be filed within three years (plus extensions) prior to the date of filing bankruptcy. For example, the tax return for 2003 income taxes was due to be filed on April 15, 2004 (plus any extensions), and therefore, these income taxes cannot be discharged by filing bankruptcy on or before April 15, 2007 (plus the time of extensions); OR b. Taxes assessed by the IRS within 240 days before the filing of bankruptcy. Assessment date is the date that tax liability is entered on IRS records; OR c. Taxes not yet assessed but still assessable; OR d. Taxes for which a tax return was filed late and filed within two years prior to filing bankruptcy; OR e. Taxes of a debtor who committed fraud related to a tax return or willfully attempted to evade or defeat taxes sought to be discharged. Income taxes that do not fail any of the above five tests may be wiped out in a Chapter 7 Bankruptcy. Tax Relief in a Chapter 13 Bankruptcy Taxes which are non-dischargeable in Chapter 13 are considered priority debts and must be paid in full during the Chapter 13 plan without interest." Regardless, if she's going to up and file everything now, nothing will be discharged as the filing took place within the last two years. That being said though, the IRS is a "good" creditor in that you always have options, as long as you keep in touch with them. Whatever you do, DO NOT ignore them. You can mess with a CA up and down, but not with the IRS. They're like Jason from Friday the 13th, no matter how fast you run through the woods, they'll eventually catch up to you with their slow and steady lumber...!
  8. Wait a minute, don't they have to prove they own the debt in the first place??? I'm thinking copy of bank statements? Big deal, how does that prove they actually own the debt???
  9. Ok, so, here's what I'm doing: Have a couple collection accounts I'm trying to get rid of...(lol, don't we all??) Anywho, I'm clearly out of my initial "30 day" window. At the beginning of every month, I'm going to dispute with CRA's, while at the same time, DV'ing the collectors. If the CRA's verify, I'm sending them the, "Oh, how did you verify this information?" letter. If the DV's either don't respond, or they send "something" other than full "validation and verification", I'm going to repeat this process for a few months, thereby racking up obvious violations to whatever the precise section of the FCRA(or the one that governs collections, FDCRA is it? I suck at acronyms!) is, THEN sue their arses in small claims. That about the general gist of it?
  10. Heh, I'm at this precise stage with Portfolio myself. Just sent them a response to their answer, and idiotic affidavit. Someone mentioned it before, but search for "Chaundry and affidavit", and you'll get some useful info. My response basically was, your affidavit is not proof, as I can get an affidavit stating I own the Empire State building and have any random notary stamp it. I quoted some verbiage I found within some thread I found when I searched "Chaundry and affidavit", and we'll see what happens. I'm currently looking to find cases against Portfolio in Florida. I'm thinking within the next six months, I'm going to have to sue them in small claims, but I've got to line up my ducks first. As far as I can tell, if they keep reporting with no validation, they're in violation, but I'm still foggy on whether or not I can sue on that basis, as I don't think they're required to validate anything after that 30 day notice... The idea, from what I've gathered so far, is to have them keep "violating" over some amount of time, then nail them with suit... work in progress, but I'll definitely advise you on what their response, if any is. They should be getting my CMRR within the next day or two....
  11. I had Credit Acceptance. Unfortunately, my experience I don't think will help that much, but it does give a perspective nonetheless: I had them for, like you, a P.O.S. car I bought in 1996 (I was young, stupid, and needed wheels), was late many times, and in one case, even called them up to pick up the car (voluntary repo), as the damn thing broke down on the side of the road. Well, I was actually able to get it fixed for cheap, and was able to withdraw the request in time. Time went on, and I fell into some money in 1997, that allowed me to pay them back completely, although I was showing NUMEROUS lates. Kind of hard to make car payments and repair payments just about every month... Anyway, I had their tradeline on my report/s, and every so often, I would dispute the late payments, and they always came back as "verified". I let it be, as my credit was getting better and better anway, and as time went on they mattered less and less. So, fast forward to 2007: they are still on my credit reports, however, apparently, they no longer report they payment status's, and it's actually become a somewhat positive tradeline! I forget what the precise status is, something like, "Paid, or Pays as Agreed" with absolutely no reference to any late payments whatsoever. So, that's my story with CAC, like I said, probably won't help you much, but at least there's someone else here that's apparently dealt with them!
  12. A point to consider: What is a realistic outlook for your wife's future. Do you think she'll be employed relatively soon? What I'm getting at is this: If your personal situation has yet to bottom out, and you don't forsee the need for credit over the next few years, and I hate to say this, but it is reality, you might be better off not paying a dime from this point forward. Basically, you don't want to get to a point where let's say, 6 months down the road, she's still unemployed, and you're still scratching by, to the point where you can't even make the hardship payments anymore, and end up defaulting on those accounts. If that happens, all that money you strugged to give them, effectively, goes up in smoke, and you're still left holding the bag with crappy credit, collection accounts, sans your cash of course... Again, I don't like this route, and would advocate against it at all costs, but it's the cold hard reality of it. Credit triage. A variation of this happened to me, I lost my job, moved to another State, and the best job I could find in the new State paid 40% less than where I was at. I had about 6 CC's with minimum payments I could no longer reasonably afford, even with their hardship programs. It's a tough decision to make and come to. Again, I don't really suggest this, it's only appropriate for a limited number of scenarios, but worth contemplating nonetheless.
  13. I just got my account "suspended", count me in for a class action.
  14. So, apparently, Creditmax (which, incidentally, yeilds no search results on this site), folded rather easily. Fired my DV off to 'em at the beginning of the month, now they're gone from the CRA's....
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