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Everything posted by Fizzle1979

  1. No offense at all, but your last post is hard to read and is confusing when you are referring to another situation. DO NOT, mention to them you are buying a house, they know you will need the account removed from your report before you buy and will do everything they can to keep on it there.
  2. More than likely, I'm thinking you will have to show up in court and cite the SOL as your defense.
  3. I just wanted to add that normally the SOL applies to the date of auto was sold at auction, etc.
  4. It looks like you did a great job on reading the boards. Just a note, usually the SOL applies to the date of sale of the repo'ed auto. So it would be six years from the date of sale of the auto. The auto would have to have been sold after 6/1/03 for the SOL to apply in my opinion. Are you sure this company doesnt have a judgement against you for the auto?
  5. I think I've seen some contracts worded that they will only approve you if you sign up for auto payments. Not sure if this is legal or not though. Put it in writing that you are requesting they stop the auto withdrawals. But as I understand your post this account has already been sent to the CA, and they are demanding payment.
  6. What type is this alleged debt? When did the SOL start? I would want to know that information before providing my opinion.
  7. I have always assumed all debts in TX have a four year SOL. Maybe I'm wrong, I've been wrong before. Where did you read that it was six years for a promissory note? If this promissory note is from a repo then the SOL applies from the date the auto was auctioned. Look up the UCC for more information.
  8. Make a time line/outline on paper: 01/05/08 - I received letter from Thomas Landis requesting payment for alleged debt. 01/07/08 - I replied to the letter stating this alleged debt was not mine. 05/01/09 - I received another letter from Thomas Landis requesting payment for alleged debt. Provide copies of all communication you have. Then send a copy to the AG of your state and their state and file a complaint with your local BBB. Also check out the ACA and see if they are a member and if so, file a complaint with them.
  9. 1 - You need to find out if this company is bonded in the state of TX to collect debt. Read the links in my signature. [The search function on the TX SOS website is very picky, so be careful.] 2 - I would not accept the offer if they are not authorized to collect debt in the state of TX. 3 - I'm not understanding this statement/question. PS: It appears this company has the required bond posted with the TX SOS to collect debt in Texas. Principal Name: CardWorks Servicing LLC (fka Cardholder Management Services LLC) # 1 Address: 101 Crossways Park West Woodbury, NY 11797 File Number: 20040177 Status: Active Date Filed: 9/24/2004 Cancellation Date: Phone: Bonding Company: Hartford Casualty Insurance Company Bond No: 12BSBDO7053
  10. If this account in question is not his, I would get him to write a letter to the OC's and ask them what documentation they have that states "Jr" filed for bankruptcy. Tell them to please provide you with a copy of it.
  11. I would ask the CRA to provide you with a copy of the bank's log of data they provide to the CRA's. And ask the Bank to provide a copy of that also. I had an OC reporting inaccurate information and the entire time they claimed they never reported it, but once I got a copy of that log, I showed them where they did report it.
  12. Not that I disagree with going the AG route, I think you should...but I just wanted to add that the AG does not normally take action for one person. Just don't expect the AG to call GMAC up and demand they give you something. But what I would do is make a copy of the complaint you send to the AG and send a copy to GMAC. If EQ and EX are verifying the account as yours, I would send GMAC a request to produce the contract associated with account number XXXXX that is being reported on your credit report. PS: DO NOT TELL ANYONE that you are trying to remove this account because you are trying to buy a house. If you do that, they won't budge on it because they know, you will have to pay it before you get approved.
  13. I would google the SOL regarding repos for WA residents. Usually repos fall under the Uniform Commercial Code if your state adopted it. Usually the SOL is 4 years from the date of sale of the auto. I would NOT touch this account unless the SOL has passed.
  14. If you honestly believe you do not owe them the money I would not pay them. But I'm stubborn. File a complaint with your local BBB. Outline all the details in a time line and submit to the BBB. See what that gets you.
  15. I am not sure how they get their information but when I got my report from them a while back they had no accounts on me.
  16. I had something similar happen to me. Somehow either the ACS people have entered BK into your tradeline set up or the CRA's have done it. They dont realize they have done it...or at least thats the game they played with him. My OC had to submit an tradeline correction form to the CRA to finally remove the BK from the tradeline.
  17. As annoying as it may be...dispute again with all three CRA's. Stating you never filed bankruptcy. If you get "confirmed" or "verified" from the CRA's then contact ACS and request what documentation they have that indicates you filed bankruptcy.
  18. See you could fine a complaint with your local BBB again over this or your Attorney General's Office. But in my opinion, you will be sending them copies of your documents you provided to the CRA's and it will list all the accounts you disputed. And they are just going to play dumb.
  19. You see the test in my signature that says Texas Finance Code ? Click on it. Read it. Read it again and then again.
  20. Also file a complaint with your the Texas Real Estate board. File a complaint with anyone and everyone you can think of.
  21. I'm going to throw my two cents back in. If california recognizes the UCC, then you would following the UCC SOL for a repo. If they do not, then you could follow the SOL for a written contract in Cali. Now I'm going to try to find if Cali goes the UCC route and if so how many years. I'll post again later.
  22. File a complaint with your local BBB. Maybe that will put some heat on them.
  23. I didnt find the exact information but try looking here? http://www.sos.ca.gov/business/ucc/
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