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ThisDernCredit

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  1. Thanks so much for the helpful responses. We are in the state of Georgia. Where can I find this specific information as it pertains to this state? To this date, the friend called the dealership/OC directly to request the accounting of proceeds, but has not recieved anything yet. As I posted before, the only communication received was from the Debt Collection Attorney,(who has clearly violated the law) last week. The friend is not trying to avoid paying the balance if any, he just want to be sure of the actual amount. That balance could only be .50.
  2. Hey yall, I'm asking for information from anyone who may have more knowledge than I have on FDCPA. I have been studying. Let me describe the circumstance briefly; A friend of mind income was greatly reduced. The friend returned a vehicle back to the dealership, where it was purchased. It is one of those dealerships who didn’t report to the bureaus. A letter was sent to the friend, notifying his right to request the "accounting of proceeds" after the re-sale of the vehicle. The request was sent for the accounting of proceeds. All this through CMRRR. The friend never received the requested info; however, a couple of weeks later a letter was received for from their attorney with a balance listed. We followed with two letters: 1 to the attorney (cease and desist), 2nd to the Dealership requesting the "accounting of proceeds" for the second time. A notice comes from the attorney today, still stating the balance, and informing the friend they are representing the dealership, and that the friend didnt"per se" dispute the debt. It appears to me the Attorney has violated the FDCPA SEC.805©, AND the dealership has violated a law as well (not sure what that is). If I am wrong, anybody please feel free to correct me, also please help me out in noting what law the OC (dealership) might have violated by not sending the accounting of proceeds, after two request-self stamped addressed envelope included. For all we know he could only owe $2.00. The friend paid a substantial down payment, and lofty monthly payments, which leads to me to believe they are avoiding sending the accounting request, because there may be nothing owed.
  3. Ahntara, When you say "national creditors", are you referring to "collection agencies" as well"? I'm assuming you mean original creditors. I have a few letters set to go out, and I have been studying the law (which takes time), I'm just asking other perspectives, before I send out letters, asking for something, that cannot do.
  4. I read in one of the Acts/Laws, that they are allowed 45 days to complete a investigation when you order or recieve a report via www.annualcreditreport.com. But nowhere on God's green earth does it state anywhere that they have 45 days if you order online through their direct website (as it was told to me by Equifax) and pay for it with your very own hard earn money. So my advice to anyone is to order over the phone or through mail if you wish for the investigation to be completed in the 21-30 day time frame. This advice was also given to me by one of Equifax's agents after they had violated the law.
  5. Well I contacted Equifax again today fully armed with the law. The agent said the investigation closed on November 21. Hummm, how convienient I said. When I spoke to them on the 20th they were waiting on the collection agency to respond, and what do you know, they responded in the nick of time. The agent I spoke with today also confirmed the timeline should have been 21-30 days, and the collection agency they waited on supposely verified.(after the 30 days of course).
  6. You more than likely can get them removed even if they are connected to some particular tradeline or account. Some agents just tell you what they wanna. Thats why I insisted on removal of those old addresses.
  7. Experian is a hot mess. They have just deleted a positive tradeline account . It was positive because I submitted proof that the account had been never been late. Instead of a "update" they "deleted". The reason they gave, is that it was a "blocked" account. Well it was blocked from my(and creditors) view when it was a negative account affecting my score. But as soon as it changes to a positive status, they decide to delete. They won't get away with it though. ;)Then the agent lied and said the creditor requested it deleted. The second and third agent said they could not contact the creditor and thats why it was deleted.hummmmmm
  8. I disputed 3 addresses with Experian today, and 3 or 4 last month and they came off. The agents were reluctant though, and told me they were tied to a particular account and could not be removed, so first you deny that you ever lived at those two address, then if they respond by telling you they are connected to some particular account/tradeline or your credit report, you will have to proceed from there. You would then, unfortunately have to change the address with that creditor or account. Hopefully that won't be necessary.
  9. Thank you so much for your response Textoy. Im still a little unsure about if a collection agency can pull a report(hard inquiry at that), if the original creditors/debts were utility bills, medical bills, etc..., but I'm going to continue to research
  10. Hey Yall, I have been researching the Fair and Accurate Credit Transaction Act (Facta 2003) trying to pinpoint the section in relation to inquiries. Does anyone know if a Collection Agency can pull your credit for permissible pupose, purpose being "collection"? I would kindly appreciate if someone would direct me to the exact section of the act, where I can reference this. I have noticed a hard inquiry on my report from Asset Acceptance, and NCO, and I want to be sure they are within their legal rights.
  11. Yes they are right. Opting out won't increase your credit score; however it could perhaps reduce your risk of identity theft, which we all know is on the rise. I highly recommend it.
  12. Thanks for the responses! I have a copy of the FCRA, and that’s why I was so persistent with Equifax on Nov.19. I am still familiarizing myself the law. The law, I believe states that they have 45 days if it is a free annual credit report, but it doesn’t say specifically they have 45 days to complete the dispute if you pay and order online. I've "supposedly talk to supervisors and managers, and, they all say the same think, and they claim this information is coming from their "specialty department". I was on the phone with them for an hour on Nov. 19 and 50 min or Nov 20. They are giving themselves till the 29th to close the investigation. Nov. 15 was 30 days. It’s a dern shame, how all this is set up.
  13. Hi there everyone, I have been enjoying this site, and have been learning a great deal about the ins and outs of credit repair/debt, creditors, bureaus, and collection agencies. I have a question, and would appreciate a response from anyone who might have answer. I initiated a disputed with Equifax on October 15, 2007. When I called up November 19 to questioned why I had yet to received the results, I was told that the only credit report they had on file that I received , was from Nov.2006(a free annual credit report) and therefore they were using that 45 day timeline. I responded by telling them that I had indeed received a report in 9/07 by mail. They said they had no record. I had made the mistake of throwing a way the initial report, that I received. On October 1, I started my first dispute of personal information. When they sent an updated copy I started a dispute on the tradelines10/15/07. I spoke to 5 different agents, some claiming to be managers and supervisors, and all said the same thing. However when I went through my records I realized that I had ordered and paid for the Equifax report and score on 9/30/07 online through EQuifax.com , and I had my bank statement and my order confirmation to prove it. So finally I had proof that I had received a report from them since the annual free credit report of Nov 2006. Also I called customer care to confirm they had a record of this transaction, and she said that they were all part of the Equifax company, and the agents could see in the system that I had received a report online. So when I called back, and questioned why they took me through all the hoops the day before (my calls were automatically being transferred to the same team), when they could clearly see I had ordered a report in sept., they basically said, they thought it was just the score, and I was put on hold literally for about 45-50 min, while they consulted with their "specialty department" to verify the timeline. The result was since, I had purchased the report online, and even though it was directly through their site, they still had 45 days, and would continue to wait on this collection agency to respond. It was then confirmed to me by Equifax that anytime you order a report online, annual credit or otherwise, they have 45 days to complete the dispute. I was under the impression that a person, who paid for a report, would have disputes completed in 30 days. Anyone have a solid answer to this????
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