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Everything posted by blondie813

  1. Yes, I am looking at myfico.com. Their update dropped my score by over 30 points.
  2. I am wondering if it is legal or standard practice for Capital One to update my credit report multiple times per month? My billing cycle ends on the 2nd of the month. Typically, Capital One will update the credit bureaus a few days after that (between the 6th-8th of the month). I have noticed a few times now that if my balance increases during the month that Capital One will update my report again with the increased balance. For example, I typically pay off my balance when my payments are due and then use my card throughout the month. For this reporting period, I paid it leaving a balance of $30 and then around June 8th, Capital One updated the credit bureaus with my correct balance info . I then used the card for a few purchases which increased my balance and I noticed on Monday June 22 that they have now updated the credit bureaus again showing the higher balance which caused my scores to drop. This just doesn't seem right to me. If I still had the higher balance upon my next billing cycle/payment due, I can see where they would have reason to report it but it seems that they are intentionally updating it again later in the month with the intent of adversely affecting my scores. I have not experienced this multiple monthly reporting with any other creditor. Any feedback is appreciated.
  3. @BV80 Could you please give me an example of what would show that they willfully violated the FCRA? Because I have contacted them multiple times, given them documented proof that what they were reporting was incorrect and they responded directly to me that they were reporting correctly and would not change it. They have continually verified the account as reporting accurately to the CRAs despite my documented proof that they were not. That seems pretty willful to me. Yes, I have been denied credit and I have received high interest rates. It is currently negatively affecting me because I am trying to qualify for a mortgage. Also, looking at this from a different perspective--my loan was always through Americredit even up to the time of repossession and deficiency. GMF did not acquire Americredit until well after the fact. The account on my credit report does not show anything about Americredit. It looks as though the account was always with GMF. I am wondering if there is any challenge I can make to GMF being able to legitimately report it. Thank you so much for your feedback.
  4. @BV80 Yes, I've contacted them directly many times and they always assert that they are reporting accurate information. My experience has been that they will then verify as accurate with my dispute to the CRAs and then update my credit report a few weeks later but still not with accurate info. They are adamant about not removing the account. It's beyond SOL for them to sue me and they are hell bent on making me suffer every moment until it is scheduled to drop off in February 2016. Thanks for your assistance.
  5. They are reporting the payment history and the loan term inaccurately. So, I called EQ and spoke to someone in the Consumer Affairs office. She told me that they (EQ) did not update the account or mark it in dispute but rather that GM Financial did so yesterday. GM Financial has now changed the pay history to match what is on EX but it is still not accurate. The loan term is still showing incorrectly for both reports. I am curious how GM Financial can report the account as accurate from my dispute back in February and tell the CFPB that they are reporting accurately, yet they change the what they are reporting again yesterday.
  6. There is a car loan/repo reporting on my EQ and EX reports from December 2009. The loan was originally with Americredit, which they were subsequently purchased by GM Financial sometime in 2010. The accounts have never reported accurately and are different on both reports. The account was deleted from my TU report sometime last year after a dispute. I have disputed multiple times over the last year alone and GM Financial continues to verify the accounts as accurate to the CRA and refuses to update the incorrect information even when I contact them directly. Most recently, I filed a complaint against GM Financial with the CFPB. The response from GM Financial stated, "It is important to note that GM Financial sends identical credit bureau data to each credit reporting agency and, in turn, the credit reporting agency determines how they will interpret and report that information on the credit report that they provide to the consumer. As you have been advised, GM Financial is both, by law and by contract, required to report truthful and accurate information to the credit reporting agencies." So, basically GM Financial is saying that the CRAs are receiving the correct information from them but then they choose to report it inaccurately????? I contacted both Experian and Equifax on Monday evening. I explained to them both the response I got from GM Financial and that I have documentation showing that GM Financial is reporting inaccurately. Both CRAs basically told me that there was nothing they could do and that if I believe the information is inaccurate I could open yet another dispute or I could deal with GM Financial directly. I specifically told them that I did not want to open another dispute and that I think it is ridiculous that they would suggest I wait another 30-45 days for them to tell me that GM Financial verified the reporting as accurate...again. Now today, I received an alert for my EQ report and of course it is for the GM Financial account and it shows as "in dispute" even though I specifically stated that I was not going to initiate another dispute. I also see that the payment reporting status has changed on EQ. How is that possible when 1) I didn't initiate another dispute and 2) GM Financial stated they were reporting accurate information to begin with? So did EQ just take it upon themselves to change the reporting? I also check my EX report and it is showing as "in dispute" there, as well. I'm not really sure where to go from here but I'm fed up with both GM Financial and EQ/EX stating the info is accurate but then changing it and marking it in dispute when I specifically stated that I was not initiating a dispute. Any feedback is appreciated.
  7. I am going through the exact same thing with Enhanced Recovery. Nearly two years ago they had an account on my report. I sent them a DV and never received a response. In fact, I've never received any mail communication from them. Ever. After I sent the DV, I disputed the account with the CRA and Enhanced Recovery deleted it. Now, they have added the account back to Experian only and changed their account number but it is for the same amount and original creditor. I filed a complaint with the CFPB, the Florida Office of Financial Regulation and the AG in both my state and Florida. I encourage you to do the same. I have heard from both the CFPB and the FOFR are getting fed up with Enhanced Recovery and are looking to take action. They are a the worst of the bottom feeders and need to be shut down.
  8. I've pretty much hit a wall with removing a repossession reporting on my EQ and EX reports and would appreciate any suggestions on next steps. Background: The car was financed through Americredit in 2006. It was repossessed in December 2009. GM Financial purchased Americredit somewhere around the 2010 time frame. Neither Americredit nor GM Financial have tried to sue me. The account shows as scheduled to be removed in February 2016. GM Financial is reporting the repo deficiency on my EQ and EX reports. Last year it was also on TU but it was removed after a dispute. I've gone a few rounds with GM Financial and EQ/EX because what is being reported has not been accurate. Last year, GMF was reporting the account as factoring, open and as 90 days late every single month, despite the fact the account was charged off. I disputed, GM Financial verified but then later changed the reporting to change the 90 day lates and now it shows as a CO only. The term of the loan is showing incorrect on both reports. It shows on the reports as 65 months but is actually 60 and that is what is shown on the contract. Additionally, the payment history is different on both reports. I recently disputed again based on this info, and GMF verified as accurate with both EQ and EX again. So, where should I go from here? The information is not accurate. Should I pursue it further with EQ and EX? Ultimately, I just want the account removed from my reports. Will the CRAs just update the information that's on there when I provide them proof of the inaccuracies? Can they delete it? Thanks for any feedback.
  9. I sent the DV in February 2014 and they have called me since then (recently). I have never received anything from them in the mail at any time. They have to mark the account as in dispute on the CR but as I understand it, if I send a dv and subsequently dispute with the CRA, the CA cannot verify it as accurate to the CRA unless they respond to the DV or else they are in violation.
  10. Also, they have verified the account as accurate with Experian after my most recent dispute.
  11. I found a collection on my report back in December 2013. In February 2014, I sent a DV request and disputed it with the CRAs. Later that month, the CA deleted the tradeline from my CR. They never sent an initial communication and never responded to my DV request. Flash forward on March 3, 2015, I had a collection pop up on my CR and it is for the same CA and same account but they have changed their account number. They state that the OC placed the account with them originally in August 2013 and then recalled it in August 2014. They went on to say that the OC placed it with them again on 1/29/15 thus justifying the new CA account number. With both insertions on my report, they have never provided initial communication, or responded to my DV request from 2014.
  12. Hello, I have some questions about suing a CA for FCRA/FDCPA violations in small claims. I am in Michigan and my court has a small claims packet which I have completed. I am specifically looking for info on how to outline the violations. Do I simply type up a couple of paragraphs outlining the violations or should I be more formal and use a traditional court format? I have searched a lot through the forums but haven't found much info. All feeback is greatly appreciated.
  13. Just an update on this situation: I want to thank everyone who took the time to respond to my questions and offer feedback. I especially want to thank @bmc100 for his awesome guide.
  14. So, I had the mediation this morning. Thanks, everyone for your help.
  15. I live in Michigan. I used to live in Ohio and I had to break my lease early. My former landlord sued me for the 3 months of lease payments leftover on the lease and won a judgment against me (I did go to court and fight but lost). This was a few months after I had moved. He then sought a garnishment against my wages through the court in Ohio and served it upon my employer who is located in NJ around the end of January. My company forwarded it to the company we use for HR and payroll in Texas. Today is payday and I see that my company withdrew 25% for the garnishment for the first time. Here are my questions. I have read that my company is not obligated to honor the garnishment because it is not from the state I reside in (Michigan). I have read that my former landlord is required to have the garnishment domesticated in Michigan before my company is required to honor it. Could anyone please confirm this and please point me to documentation which states this? I have done multiple searches and reading but can't find anything specific to Michigan. I have contacted my employer and they are investigating it. I am hoping to make him domesticate the garnishment in Michigan so I can be protected under Michigan law. Any assistance is greatly appreciated.
  16. I am putting together my Answer and will post shortly. I do have questions about how to respond about my address and jurisdiction. I'd appreciate any feedback.
  17. 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served summons 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I sent two letters requesting debt validation. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011, I think 11. What is the SOL on the debt? 6 years
  18. So, in another turn of events I received a letter in the mail today from Stillman. It includes a Stipulation and Order to Dismiss Without Prejudice that they are asking me to sign and return to their office. Now, as much as I'd like to think that my Answer and Defendant's Affidavit made them think it was going to be a big hassle to fight me in court, I am guessing that because I am across the state and the judge referred the case for mediation that it probably wasn't worth their time and expense to pursue things any further? But if I sign this and it is dismissed without prejudice, that means they can take me to court again, correct? What is the likelihood that they will? And what options do I have to get it dismissed with prejudice? Thank you to everyone for all of your assistance and feedback.
  19. @bmc100 Thanks for the feedback. I have absolutely no intention of giving them any information Should I expect a Stillman attorney to show up for the mediation or is it permissible for them to have a local rent-a-lawyer representing them? I've read through several threads this evening re:cases referred to mediation here in Michigan and it seems it is more common than I realized.
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