Jump to content

razr

Members
  • Posts

    1,559
  • Joined

  • Last visited

  • Days Won

    7

Everything posted by razr

  1. First step is to send a DV request. -r
  2. Send the school snail mail requesting information. Once you have a reply in hand from the school that says they don't have the records, you have won. There is no way for the CA to validate the debt. At that point you tell the CA to FOAD and dispute with the CRA's. -r
  3. The law is a bit confusing, it states: If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. There are actually two parts. If you rearrange the sections, it becomes a bit more clear; 1) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment is mailed to the consumer by the debt collector. 2) or...if the consumer requests the name and address of the original creditor, the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor is mailed to the consumer by the debt collector. In other words, if the consumer only request the name and address of the original creditor, then that's all the collector must send. However, if the consumer request verification, the debt collector is required to confirm with the original creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it. So to answers OP's question; No, they did not provide proper validation. -r
  4. Good job! Now don't go back into debt! Remember...it's a trap! -r
  5. Hi Infoseeker, To answer your original question, a minor can void a contract at will. You probably could have voided your contract and walked away owing nothing (depending on your state's laws.) However, once you have reached the age of majority (18) and you show a willingness to be bound by the contract (for example: signing a credit card slip at the register) you have ratified the contract and you then become bound to the agreement. This is just for info and should not be construed as legal advice...blah, blah, blah. -r
  6. Well that's sorta' bad news....they are real lawyers, not debt collectors. They would not be subject to the FDCPA. I'd suggest you send them certified mail and ask for an accounting w/o admitting anything. Prob. would be a good idea to seek legal counsel yourself. If you just want to pay them, they would most likely be open to some type of settlement agreement. -r
  7. How long ago? What dates are they reporting on your credit report? -r
  8. Being a much loved cable employee:D...I'll tell you that as long as you don't owe us money, we'll hook you up with whatever you want. Satellite:( however, will run your credit. -r
  9. What's the difference between FAKO and FICO?
  10. razr

    Help me!

    Credit repair is easy. 1) Pay all your bills off. 2) Get new creditors. 3) Pay all those on time. 4) You'll have perfect credit in 7 years. -r
  11. If you sent them a DV they should have marked the TL as "disputed by consumer." If not...violation. If it was a timely DV and they updated the TL w/o first validating the debt, then they violated again. -r
  12. And Lady, your avatar is freaking me out!
  13. Hey, I just wanted to offer a word of encouragment... Don't fall for their scare tactics. It sounds to me like a dumbass collection agency trying to intimidate you by implying that they will sue you if you don't pay up. What is the name of the "law firm"? -r
  14. You have to take a brutally honest assessment of your finances. That $14K in credit card debt will balloon if you default. If they start suing and getting judgments you'll be in a world of poo. Even if you could get the credit card companies to agree to a 5 year payment plan (not likely), you are still going to have to come up with $400-500 a month to pay them off. That would be a best case scenario. I'm guessing that if you had that kind of money, you would already be paying them. I've been in your situation, so I have a lot of empathy for you. I tried like heck to catch up, but was in over my head. I wish I had filed for BK about two years earlier than I did. A BK is not the end of the world. If you truly have no chance of catching up, then give a lot of consideration to BK. Do it sooner than later, you'll save yourself a lot of grief and worry. -r
  15. For me, all is fair in love and war...repairing my credit and dealing with CA's was all out war. -r
  16. Sufficient for what? What damages would you claim? You are only entitled to actual damages and/or such additional damages as the court may allow up to a max of $1000. The factors that the court must consider are outlined in the letter of the law; ( In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors -- (1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; So I reiterate… You must show the court that the defendant has exhibited a pattern of willful disregard for the law! -r
  17. They can claim bona fide error. You must show the court that the defendant has exhibited a pattern of willful disregard for the law. -r
  18. First step is to call the creditors and ask for help. They should send her to a "hardship" department. The first person you talk to probably won't be able to help, be persistent. She should continue to make whatever payments she can afford. DO NOT LET THE ACCOUNTS DEFAULT. $10K is a lot of money for a college student, but in the grand scheme of things, it's not that bad at all. Credit card companies loan to students knowing full well they have no means in which to repay, they expect the family will help out. -r
  19. I concur. Your responsibility. Contact the MD or hospital and plead for mercy. They generally are pretty good at working things out. -r
  20. http://www.ftc.gov/bcp/edu/microsites/idtheft/
  21. Sounds too good to be true! I'd be careful. If it is legit, paying it off over time would be best for your credit score. -r
  22. And heck your scores are mid 700's or better?...why would you be worried about your FCIO at this point? -r
  23. They aren't taking you seriously. EVERYONE they talk to says "it isn't mine" or some such thing. Somebody probably threatens to sue them twenty times a day...you will need persistence to get their attention. If after sending a C&D they continue collection efforts, then write a complaint on official court documents. File cases with the BBB and your AG (just send them copies of the complaint) at the same time send the company an ITS (with demand for some cash payment) Include a copy of your complaint which is ready to be filed with the local small claims court. What you want to say is something like "Here is a copy of the lawsuit I'm going to file asking for $8K or you can agree to C&D and send me $1K. Every time I did this, it got their attention. If it does not get their attention, then file the complaint with your local court. -r
  24. They must show "willfull disregard" so you have to get them on multiple counts. I'd simply send them a C & D and dispute with the CRAs as outdated. They will either go away or they will violate more. Then it's time to send an ITS. -r
×
×
  • Create New...