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Everything posted by sweetcheeks

  1. @firsthardcheese I didn't want to continue Hijacking Dosoco's post..... can you tell me if the six year SOL changes if it is Chase/Midland. I pulled a CC agreement from Chase posted online from that time and it has the choice of law listed in DE. Can I use that 3 year SOL as a defense, or does it change because Chase's current agreement cites NY state as its choice of law state. Also does the fact that it's been sold to Midland change the option of using Choice of law as a defense ? Thanks !! SC
  2. OK Now I am EVEN MORE Confused- Please tell me which of these SOL will govern the above referenced chase/midland debt- Years State Type 4 GA Open 6 GA Written 3 AL Open 6 AL Written 4 DE Open 3 DE Written 4 CA Open 4 CA Written I've heard it all different ways included cases cited, where one was chosen over the other and vice versa. There seems to be no clear answer. Any help would be greatly appreciated...... Thanks !!!! SC
  3. @clydesmom I got the information from the Statue of Limitations link right here on the CIC website- Please see attached. SC GA SOL.docx
  4. Doing some research of my own on Midland and have come across a couple for GA judgements even for CC debt that is listing the SOL at 6 years. Is it me or am I missing something.... I thought the SOL for CC in GA was 4 years. Help ? SC
  5. *Correction - Doesn't believe the account is his, name is similar but not the same. However since he has had company cards ion the past that he was co signed to, it's a possibility.
  6. Follow up - I disputed with TU as paid in full, citing that they didn't provide me proof of any debt owed to them. Other than the original signed contract, which also had a zero balance. TL was removed from my report with in 2 days!! WOO HOO Thanks All !! :punknanner: SC
  7. I am helping a friend with some credit repair and have come across this issue- Has a Chase card TL that is listed as a close version to his name but not exact, and not a version that is listed as known on his CR This account is being listed as defaulted on, and has DOFD listed on CR as 11/2011 In May of 2012 it was sold to Midland. My friend was in Georgia when the account is listed as originated, but has spent the better part of the last three years in Alabama. Midland never sent any letters or engaged in any collection activity until January of this year (2015) when they assigned the debt out to another CA NORSTAR. Then later he received another letter in April of this year (2015) from Stellar Recovery. Both letters listing Midland as the owner of the Debt. Both Chase and Midland are reporting this debt on all three CR's Several things- Alabama SOL is 3years, However I have also seen on the boards about the SOL following the creditor. The SOL for all of the rest of the states involved (CA, DE, and GA) is 4 years. It almost looks like Midland waited until it was out of the AL SOL to start collecting (odd?) So what to do now- My friend doesn't believe this account is his, but I'm worried a DV or dispute might be poking the lion ..... Dispute as not mine ?? With the recent chaos surrounding Chase/Midland I was wondering if now would be a good time to dispute, because after this length of time and being bounced the info on the account is probably nil to none. Resulting in a quick clear, on an otherwise clean CR without much fuss. However,I don't want to assume Midland is following Alabama SOL and/or start poking at a relatively sleeping lion and open my friend up to a potential suit 4months shy of being out of SOL for this alleged debt. My guess is with all of the massive back clean up Chase/Midland has to do they probably (even if they had info to sue) would not get around to it before the SOL runs out. My original though is to lay low for the next couple of months, wait until the SOL runs out and then dispute as not mine/or no longer liable. Let me know what y'all think ..... TIA, SC
  8. Yes, but it has been there a while. I don't ever remember seeing a dunning letter for it. I know they have my phone # and contacted me when I had lost my debit card and the # changed because it threw a flag for the automatic payments. They also called me when I made what I thought was my final payment, and have not contacted me since. I have a payment on my bank statement to them ( which I believe is the final) that is within $ 10 of what is being listed on my TU CR. Do I dispute it as incorrect? or as paid ? I could easily send my statement page showing that last payment, but I don't want them making up or adding additional charges after that date in an attempt to make their case. I also thought of ReDVing, and specifically pointing out the part on the letter that asks for an itemized charge listing, and tell them that while the contract is nice touch without the itemized listing they have no right to continue reporting and must remove listing. Is that true or is the signed contract with no proof of charges enough to keep it listed as valid ? Thoughts? SC
  9. I DV'd the assignee (National Fitness) for my gym Just Fitness 4U for a $100 charge on my TU CR. I also disputed it with TU as not mine. They responded with the signed copy of the original contract, proving account is mine but did not send an itemized listing of the debt. On the contract, I had paid my initial fees and so it shows an $0 amount due. I had this account for a couple of years and I believe I paid this in full a couple of years ago when it ended. I had it taken out by automatic deduction so I never received statements. So, without them sending an itemized list of charges, how can I dispute that it is paid ? It is still within the SOL. What are my next steps/ dispute options to get this removed ? Any help is appreciated!! TIA SC
  10. Not so much a clunker. it drives well and dispite being a 2005 it only has about 65k miles on it. I understand because the car is in total only worth about $3500 that the dvalue check would be low, I just thought it would be more than $30. SC
  11. Hello, I recently had my first accident after 20+years of driving - Totally my fault. I took my car in to get an insurance estimate which came out to close to $2400 (my car is only worth about $3500 before accident) they took out my $500 deductible and a $1900 check was sent to me in the mail. I also received a check for around $25 for diminished value So Here's my questions - I am sure the diminished value for my car is more than $25. How would I fight that with the insurance company ? and since the damages are already close to the 80% ($3500*80% =$2800) the point where most cars are totaled by the insurance company, would it be worth it to ask for more or will it only bump me into a position of having my car totaled?? My car runs fine and the damage is mostly to the side door panels. I would really do not want to have it totaled. I have gap coverage and my loan would be covered, but I do not want to get into a newer more expensive car and car payment. In addition to even higher insurance rates with a newer car+accident on record. I already had a plan to have all of my debt paid off by July 2016. My plans now are to use the $1900 and pay down debt ( about half), so I can be debt free closer to the end of this year. and have the work done once I'm debt free, or whenever I am ready to sell/ trade in. I am unsure of how this all works and I still haven't cashed the checks, in case that would constitute acceptance. I would like to get this figured out as soon as possible so I can deposit the check and get on with paying my debt off. Any help would be greatly appreciated. TIA SC
  12. Update- When I received the current year's tax assessment (which they had to send a duplicate to the current address for me to receive) it had the current address on it, dated 6/30/15. However looking at the paperwork, the lien (filed in Jan 2015) and the lien release and the lien payment receipt ( both dated July 2015) all still show the old address. I have several questions- a) do liens require acceptance to be enforceable and how do I prove that it was not accepted, or c) accepted by someone who was not him at an address that he hasn't lived at for over a year?? if so, can any of that be used as a cause to have the TL removed from his report ? Tia!! SC
  13. HELP!! - I am responsible for the personal bills for the owner of the company I work for. He has moved several times and continues to buy/sell/upgrade all of his toys- Trucks/Boats etc. I received a letter from the county assessors listing the 7 boats for the 2014 tax year asking if any had sold. He had sold all but two which I had marked on the sheet and returned to the county( by regular mail, unfortunately) asking to be billed just for what was owned. I never received an original bill- it was either sent to his old address, or it was mailed to the office & lost. Our office shares a 40 slot mailbox where I regularly (1-3 times a week) receive someone else's mail. All I received was the listing. They also never sent me a revised bill or contacted me to let me know that the bill of sales needed to be submitted to have his account credited (which I recently found out due to this process). What I did receive finally ( by certified mail- so they have to come to the door) was the Lien/Levy notice. I contacted the county again with the list stating to credit the sold boats to the account and I would Fedex payment. I was told that it was too far to have the account credited. I would need to pay the bill in full and wait a month for the Board of Assessors to meet to approve the credits and issue a refund. Payment in full was made, and I received a lien release for the bank levy and copy of my paid receipt and a paid/cancelled FiFa. However, the tax levy is now showing up on his credit report and I NEED TO GET THIS REMOVED !! I am hoping that since two of the four boats were sold and taxes were still paid for the previous tax year, that I expect to receive more credits than what was billed. on top of being sent to the wrong address I can get it removed. Help ???? ANY HELP WOULD BE GREATLY APPRECIATED!! SC
  14. I SOO hear you and I am in the same boat - I've paid all my bills in cash for the last 3-5 years but none of my basic bills show on my credit report . The fact that I have paid my rent late only once ( office was closed) in ten years would be a fair indication of how I would pay my mortgage. but instead I have secured loan and getting credit card just to show I have credit worthiness-- UGH
  15. I am scoreless no more !!!! I Have a score !!!!! AND it's in the 600'S (700's here I come !!) :BigDance::BigDance: I can't thank all the people out on the CIC board enough for helping me get back on track. I am soo not worthy- ::allhail::::allhail:: Your Latest FICO® Scores TransUnion 606 Date: 3/31/2011 Equifax 667 Date: 3/31/2011 Experian Fako 678
  16. off TU today - makes it all three still need to know the ramifications of agreeing to this isf they still feel that it is due and owing. SC
  17. I haven't responded to the BBB yet but i need to do that soon. I don't like accepting thier offer to remove it when it includes that although they will cease collection activity including removing it from my report they still stand by the fact that this bill is still due and owing by me and I feel by agreeing they will either use it to reset the clock on a debt that is a hop skip and jump from the SOL promisland, and/or they will use it to undoubtly sell to another JDB. Any ideas ? PS - It came off both experian and equifax today, still holing on at TU.
  18. Yup. It goes by the DOFD Date of first delinquency. For me in GA that is 6 years. So the verizon was already outside SOL and the AT&T would be outside SOL in 7/2010. For $199 it's not worth it for them to fight it. especially when it would cost them a min of 1000 if I countersued. SC
  19. Methuss, I know you are right. They are wrong but I don't want to take them to court, didn't want to spend an extra $5 on cmrr for removal if I didn't have to. I thought the BBB was the next best option. SC
  20. I'm hoping this clears my account by thurs. can pull my 3-1 once a month and make sure it is off all three!! woo hoo !
  21. Sure- We all here to share right ?? :grouphug:I basically boosted the majority of it of the sample for the removal request letter. Account is not mine. AFNI is violating the FDCPA, & FCRA by reporting & verifing, invalid information to all 3 credit bureaus. Persuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( I sent a letter requesting validation Re: Account # xxxxxxxxxx to AFNI. AFNI recieved my request (signed by Troy Patterson at 8:34 AM on January 31, 2011.) After reciving my validation request, I didn't get any of the information I requested, and by the way still legally entitled to. AFNI illegally verified this debt without validation. AFNI is still reporting this account on my credit report when they have not furnished me with any information that confirms that this debt is mine, that I have any legal obligation to this debt, or that they have any legal right to collect or continue reporting this debt. I am respectfully requesting at this time for all references to this account to be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. SC
  22. I DV'd AFNI and they verified! was going to send a second DV but thought I'd go and give BBB a shot. Here's afni's response. March 14, 2011 Shellese Ehart Case Manager/Business Practices BBB Complaint Department bbb@heart.net RE: Ms. Sweetcheeks Case# xxxxxxxx Afni, Inc. Account xxxxxxxx-xx; Verizon New York Account xxxxxxxxxxx Afni, Inc. Account xxxxxxxx-xx; AT&T Account xxxxxxxxxxxxx This is in response to your letter to Afni, Inc., regarding the above referenced matter. We appreciate your assistance in bringing our consumer's concerns to our attention. In that regard, on or about January 31, 2011, Afni received a form letter from Ms. Sweetcheeks requesting validation of account xxxxxxxxxx in accordance with her rights under the FDCPA. Unfortunately, this account number did not match the accounts with Afni for Ms. Sweetcheeks. Additionally, her rights to request validation under the FDCPA expired years ago and any request for verification in accordance with the FCRA must contain the reason for a consumer's dispute; which Ms. Sweetcheeks's form letter did not. Regarding Afni account xxxxxxxx-xx, on or about May 1, 2007, Verizon New York notified Afni this account remained due and owing from Ms. Sweetcheeks. Afni mailed Ms. Sweetcheeks an initial notice on November 17, 2007. This account is for telephone services established by Ms. Sweetcheeks with Verizon New York on April 6, 1994, at her previous address of 123 main st . This account was created with the creditor using Ms. Sweetcheeks's personal information including, but not limited to, her date of birth and social security number. The account was considered delinquent by the creditor on July 13, 2000. Regarding Afni account xxxxxxxxx-xx, on or about March 1, 2008, AT&T notified Afni this account remained due and owing from Ms. Sweetcheeks. Afni mailed Ms. Sweetcheeks an initial notice on March 21, 2008. This account is for telephone services established by Ms. Sweetcheeks with AT&T (formerly Bell South) on February 5, 1997, at her previous address of 123 main st. This account was created with the creditor using Ms. Sweetcheeks's personal information including, but not limited to, her date of birth and social security number. The account was considered delinquent by the creditor on July 29, 2005. In an effort to resolve this matter, Afni has made the decision to close both of these accounts. This action does not indicate the accounts were not due and owing, simply that Afni has ceased collections on the same. Afni has requested the credit reporting agencies remove information regarding these accounts from Ms. Sweetcheeks's credit file. I trust this resolves her concerns, but should she have further questions Ms. Sweetcheeks is welcome to call a Consumer Relations Spe******t at (866) 716-1284. Thank you. Sincerely, Tim Carmazino Compliance Spe******t II Afni, Inc. 404 Brock Drive Bloomington, IL 61701 BYE BYE AFNI ++ EVERYBODY DANCE NOW !! :BigDance: