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About PCS

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  1. OK here we go again. The truth is; yes there are legitimate credit repair companies. Make sure they are part of the better business bureau, make sure they have been in business for a long time. Make sure they do not work from their home or an office suite. Most of the people on this site have some good knowledge so they think everyone can do this themselves. The truth is over half of the population is not smart enough to read the information on this site let alone comprehend it. It is ignorant to say all credit repair companies are bad. With that said I would say that most are scams. But if you do a little checking to make sure they are legit you will be ok.
  2. I apologize there has been a lot of very long emails since I stirred this up. I would never suggest to sue any collection agency after a pay to delete, pay to delete is a good thing. I simply pointed out that the CROA does cover anyone who advertises that they can raise your credit score for money. I was leining more towards Midland sending out their credit building credit card offer that they will throw you old over the SOL debt on it and it will improve your credit. Or the CA sending out the collection letters stating if you pay this collection if will improve your credit.
  3. I understood when I asked this question I would get some good responses. The bad thing is I believe everyone is correct in a way. Unfortunately the ever changing collection industry makes it necessary for the FDCPA to be relooked at by congress. I have found most collection agencies can not actually verify the debt because the original creditors do not have the documents to prove it. I am fighting with LVNV funding about a collection they have on my wife's credit report. We sent a timely Validation letter and of course they send a response back on their own letter head with the info like address and balance, "the same info that was in the dunning letter". We called sears and sears has no records of anything on my wife, so how could they verify the debt with the original creditor? It is my understanding that proper validation means the CA must contact the OC and at least confirm what is being disputed. This would require at least something on the OC letterhead or a bill or something. The problem is and this is not the first CA that has responded to a validation request with them just writing a letter back on their own letterhead giving us info that they already have in their files trying to pass this off as verification of a debt.
  4. Does anyone have any new cases that states what actual validation is? There is so many different thoughts on this; I have read FTC opinions and some cases and I believe proper validation requires the CA to get something from the original creditor to show proof, but without good precedent my thinking is only common sense. Some think that proper validation is only them saying yeh you owe the debt, this does not make sense! Also has anyone heard if anything good is coming out of the October 2007 workshop?
  5. You are not correct when you say the CROA is for Credit Repair companies only, anyone that advertises for improving your credit must be licensed and follow the CROA. The CROA is used againts collection agencies all the time by attorneys, well smart attorneys.
  6. If the negative items are not on your credit report it will not be on the trimerge that a mortgage loan officer will pull. A lenders report does show you things that you guys do not see on your reports but tradelines is not one of them. In fact everyone has multiple credit files with the bureaus and you may get things on the reports from the bureaus that are not on the lenders trimerge. "Not allot but usually a couple things"
  7. I appreciate your help, this is only for a measly $4500, but I found out some good news today. This was for an office suite for one of my branch offices that failed to provide adequate services. But I just found out that since I took out this office suite in my own name and not my business it is not considered a business debt; which is great because you do not have as many rights with business debt as personal debt. The good thing is, during the entire process I proceeded as this was a business debt; I have letters from the attorney before the suite that stated they do not have to validate the debt. I should now be able to sue them for deceptive and misleading collection practices, among a few other things. My next step is going to get the judgment vacated and proceed with my suit. Thank again
  8. I am a business owner and have currently been sued over a disputed debt and there was a judgment placed against me. I am self employed so they can not garnish my wages, but I am concerned with them taking the money out of my bank account. I am not worried about my personal account, but I am concerned for my business accounts. My buinsess is a S Corp; can they take the money out of my business accounts? I was sued not my business. Thank you
  9. Myfico.com is the only choice you should use, but keep in mind not even the Fair Isic myfico.co will give you your actual scores that lenders will see. No there is not any worth while score simulators out there; they are not based on the correct formula and they do not use common sense. You will agree the first time they tell you to pay a collection and your scores drop. I am a lender and I deal with the back end of all of this, actually all credit report wholesalers use a different Fair Isic classic formula.
  10. I have asked a question on here to see if anyone has this information in precedent or writing. Here is the facts! This is from my law books. Incase you are asked this question again here is the information that will prove that you use the Open or Oral type for the Statute of limitation for medical debt. I have also added the court cases that you will need to combat attorney defenses. If you ever have any questions I am always glad to help! Statute of Limitations Contract Claim Most hospital bills arise out of unwritten, implied contracts. The limitations period on such actions is five years (For Illinois) after the cause of action accrued. 735 ILCS 5/13-205. The five year limitations period is also affected by partial payment; the five years runs from the date of the last payment. St. Francis Medical Center v. Vernon, 217 Ill. App. 3d 287, 289, 576 N.E.2d 1230, 1231 (5th Dist. 1991). One fuzzy area: what happens if an insurance company makes a partial payment of a hospital bill for a patient? Does that toll the limitations period for the patient, thus extending the period in which the hospital may bring suit? See Sexton v. Brach, 124 Ill.App.3d 202, 464 N.E.2d 284 (3d Dist. 1984), for a discussion of a similar issue. If your client has executed a written agreement to pay the hospital bill, the hospital’s attorney will argue that a ten year (For Illinois) limitations period applies, citing 735 ILCS 5/13-206. But the case of Schmidt v. Niedert, 45 Ill.App.3d 9, 358 N.E.2d 1305 (1st Dist. 1976), holds otherwise. Schmidt stands for the proposition that a five year limitations period applies when the written agreement does not include essential terms such as price. 358 N.E.2d at 1307-08. Hospital attorneys may also assert that the ten years limitations period in 735 ILCS 5/13-206 is applicable, arguing that a bill for services constitutes "other written evidence of indebtedness." But see Anderson v. Doss, 133 Ill. App. 2d 798, 271 N.E.2d 109 (1971).
  11. Do not buy this kit for the score simulator, all score simulators are based off of the three bureaus formula and not fair Isac classic fico which is the only one that matters for now. Score simulators do not use common sense and can not look at the big picture.
  12. Unless you have a lender pull your credit you will never get your real credit scores not even on the fair Isac mycredit.com. Also there are different wholesalers out there and they even use a different formula than each other, but thye fact is an individual can not pull his true classic fico score. If your pull your score it means nothing.
  13. Lovebug has the reasonable approach, but mandydm318 has probably seen the UDAP code which is why I am confused on this. I do not believe this debt to be written becuase of what I have read when I was not looking for it, now of course when I am I can not find it. I called the MO attorney general and the transfered me to the Dept. Of finance, the guy there told me that all debt has a 10 year SOL and if you owe a debt it stays on your credit report for 7 years after you pay it; and after nicely telling this guy he should not be telling people stuff if has no clue he said to contact an attorney. Thank god I live in Kansas! I will find this out and post it, thanks!
  14. Where do I find out the Statute of limitations on medical debt in the state of Missouri? I am not sure if it is considered written or possible open.
  15. The collection agency must validate the debt with you if you request it " If the DV was timely". If you send a DV with in the first 30 days of receiving the initial dunning letter they do not have to send you anything "Unless if you live in Texas"; but if they do not they can not attempt any collection efforts including reporting to the credit bureaus. If they respond to you DV request with anything other than the items you asked for or required by law "Which it does not sound like they did" They have violated the FDCPA for using unfair and deceptive collection efforts. Now write them a improper response letter and make sure to let them know this.