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Everything posted by swirlgirl

  1. If a TL has been paid, then yes it should be reported as paid. However, showing as paid does not affect your credit score. Do you have proof of payment? You should dispute with the CRAs, but you may also have to send something to the OC/CA to make sure they update their TL.
  2. I'm just speaking from personal experience. You ask a CRA to remove an inquiry because you believe it's invalid. The CRAs asks NCO is the inquiry valid. NCO says yes. Inquiry stays. The issue of true permissible purpose rests with NCO and why they believe it's valid. Since you obviously can prove that you are not the right person they are looking for, technically, they don't have permissable purpose. That's your advantage. You've contacted the bank already. Have them send you a short letter explaining that they don't know that account number. With written proof from the bank, NCO will most likely remove the inquiry. Huh? By all means, contact them via letters so you'll have a paper trail. Send them a copy of the letter from the bank. In general, you should always have something in writing to support your claims. Otherwise it is your word against theirs.
  3. Yes, you can request for the CRAs to remove the inquiry. But I can tell you they probably will not. Your best bet is to contact NCO. Since you're saying that the whole matter is a case of mistaken identity, you can use that as leverage to get them to remove it. The inquiry will only have a slight, temporary affect on your credit score. Maybe a 1 or 2 point decrease that will naturally correct itself with a few months of normal, on time payments and general positive credit behavior. There's also something called bumpage. Do a search. But that's a lot of hassle for 1 inquiry. When you search, you'll come across a lot of suggestions for getting rid of inquiries.
  4. If the inquiry bothers you that much, you can ask NCO to delete. They may or may not comply. Also do a search for permissible purpose. Basically, the CA believed that you were the correct person and they made an inquiry. Not saying it's right, but it's up to you if you have the time and energy to fight this.
  5. Did you ever have an account at the bank listed in the letter? Maybe the account number listed is the CAs internal account number. If you've never had an account at the bank, then I would simply write a letter to the CA telling them that the debt is not yours, that you never had an account at that bank and that they have the wrong person. Keep an eye on your credit report and also request your report from Chex Systems (https://www.consumerdebit.com/consumerinfo/us/en/index.htm).
  6. There have been many court cases that have attempted to define how extensive an investigation a CRA must conduct. If you just say "I'm disputing this TL," they will just contact the data furnisher to get their response as to the validity of the TL. While the CRAs should do more than just "parrot" what the data furnisher tells them, it's still a gray area as to the depth of the investigation. A lot of people like to fight the CRAs. Personally, after a TL comes back verified, I always go after the source, the data furnisher. If Discover Card is reporting, I'll take it up with Discover. But that's just me. If you want to fight the CRAs, go right ahead. You may get lucky. Make sure you read through the FCRA and search for applicable case law like Cushman v. TU.
  7. If you think the original bill was invalid, you need to contact the OC. Then contact the insurance company to see what they paid. You can keep sending letters to the CRA hpoing to get lucky, but TU has nothing to do with a billing issue.
  8. The student loan people usually will NOT budge on removing late payments. I've tried. Just make sure the rest of your credit report is clean and the late payments won't have too much of an effect.
  9. After you filed your answer, did you regularly contact the court and/or the leasing company to see if a court date had been set? Also, when you left your check in the drop box, did you ever check with your bank to see if the check cleared within the normal timeframe that your rent checks usually cleared? After you got the complaint, did you try to explain the "drop box" mix-up and immediately offer to provide a money order for the full rent amount if they dropped the case? Were you late at all with the Nov. rent? It seems odd that on Nov. 9, they would send you a notice for a December late payment. Did you follow up with them on this? I don't think they are ignoring your right to due process. This seems like a lot of miscommunication. At any point, did you just walk in to the leasing office with the copy of your cleared Nov. rent check and a money order for the Dec. rent? Maybe if you just give them the Dec. rent, they will remove the judgment. Years ago, I had an eviction, I paid the past due rent and they immediately removed the judgment. Try that.
  10. If you mean that the CRAs must verify beyond a shadow of a doubt that the charged off balance was truly $3,457.89, then no. We can dispute with the CRAs and they are required to investigate. But they do not have access to in-depth records to track every date, amount, etc. The data furnisher has all that information. The CRAs just contact the the data furnishers and ask them for the info. Whatever the data furnisher says is true is what the CRAs will report.
  11. Maybe he paid more than that in combined state and local taxes and other things. When I was in that income range, I compared itemizing vs taking the standard deductions. Most years I came out ahead by itemizing. It's worth running the numbers and comparing.
  12. The medical expenses deduction is the amount that exceeds 7.5% of the AGI and it includes things like doctors, dentists, medicine, contact lenses, glasses, some insurance premiums, etc. At least read the link and run the numbers.
  13. From personal experience, I've never had any difficulty getting a job with bad credit. But in certain industries and certain employers, credit is weighed heavily in the hiring decision. I would tell the student to not worry too much about it and apply for the jobs. But it would be a good thing for the student to at least pull all 3 credit reports and at least do a round of CRA disputes.
  14. If you itemize, you may be able to deduct some medical expenses: http://www.irs.gov/taxtopics/tc502.html -Have you made any charity donations? Cash and/or household objects? -Do you have any type of home based business? -If you itemize, you can deduct your state and local taxes. -Do you have a traditional IRA?
  15. How would you get a part of the fine? You can report them to the state, but the state will decide if a fine is in order. A CA having issues with the state of Texas is not a FDCPA violation.
  16. With the current financial mess, a lot of lenders have put a moratorium on foreclosures. I don't know if Wells Fargo has done this. I know that Citibank, Freddie Mac, and others have. Anyway, I don't think this would apply for homes that are just late, but not in foreclosure yet. Nor would it have any affect on credit reporting. I'm not sure. Your best bet is to contact someone at Wells Fargo, maybe in their loan modification department.
  17. Slightly OT here, but I can see where the lawyer is coming from. He/She is not in the business of giving out free legal advice. It sounds like the OP has already had an initial consultation, explained their situation and was presented with the lawyer's rates. After that, any other communication is "on the clock." If they have a lot of questions, they'll have to pay for the lawyer's time. A lot of lawyers will just file the BK for a flat fee. Anything else is extra.
  18. In the letter, you said you were never late? Um, is that true? If it's not, then that's a good reason why they ignored your letter. Also, if the account was in collections, could they have notified you of the TL insertion in one of their collection letters? If they did, then, again, maybe that's why they ignored your letter. When a charge off is this recent, usually all of the records are available. You can ask for an account history and I'm sure they will provide it. You may need to try a PFD on this.
  19. If the account is still with Citibank, could they be adding interest based on the rate of your credit card? After a few months of accumulating, even a 14% interest rate would result in a huge interest charge. You may want to request your statements from Citibank to see what's being charged.
  20. No, I don't work for a CA/JDB. Neither was I defending them. My whole point is that the OP wants to just put this behind him and pay. That's his situation. Your situation may be different. But, I will say this. As adults, we need to know how to handle our business. A CA/JDB can threaten with wage garnishments and so forth because they have the legal right to file the lawsuit, potentially get a judgment, and yes, begin wage garnishment. The law allows a CA/JDB to explain their right to take legal action. It's not the CA/JDB fault if this scares you. Yes, the CA/JDBs are mean and rude on the phone. Again, rudeness is not illegal. There is a line that can be crossed into harassment. If you believe you have been harassed illegally, then you prepare your case against the CA/JDB. If you owe someone money, don't you think they're going to call you. They're not required to be nice. You need to have the emotional maturity to deal with this. You need to know the law and you need to know your rights. Whether you owe a JDB anything is a whole other issue. Like I've said before, take your emotions out of the process. Use your rational mind, educate yourself and deal with the debt. If you believe that you are being charged too much interest on a debt, research the topic and see if you can find where what they are doing is illegal. If it's illegal, then it become a matter for the court. If what they are doing is legal, then deal with it. You don't have to like it. See if you can negotiate it down.
  21. The OP sounds like some sort of ID Theft. Lyle, yours just sound like an old bill? Try the PFD and see what happens. Have you disputed with the CRAs? Sent a 623 to ATT asking for full account/payment history? Sent Dv to Palisades?
  22. You can request that the CRAs remove any address you don't want to appear on your credit report. From my experience, TU and EQ will comply. EX will resist removing any address that's connected to a debt that's showing on your CR.
  23. It's up to you. But don't confuse the bond issue with the FDCPA. If it's past SOL and you don't care, then do the C & D. Move on, let it go.
  24. There's no way of knowing. Some sue after a few months. Some never sue after a few years. Just keep doing your research. See if you can work something out without doing BK. But if you really think BK is the answer, try to see if you can get an initial consultation with a couple of BK attorneys.
  25. First of all, don't let the calls bother you. They are just trying to get you rattled. If they call back, ask them for an address so you can send them a DV letter. Once you get the information, you hang up. If they won't give you the address, then hang up. Don't give them any information over the phone. Have you pulled your credit reports to see who's reporting? If not, you'll want to pull your free reports at : https://www.annualcreditreport.com/cra/index.jsp Once you see what's on your credit report, you can come up with a plan. Read the primer: http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=276514 Don't worry, you can work through all of this.
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