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About flak88mm

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  1. OK I am resurrecting this thread to have other members in here weigh in on what I shall do next. I paid off the debt with a money order of $200 (Thus fulfilling the $3130 debt). In the money order I stated that if they cash it that they agree the account is paid in full and further collection efforts are ceased. Well yes they did cash the money order and are now bound by this agreement. I am unsure of what California Law is on things like this (binding agreements) but they in turn sent me a letter back stating "Thank you for payment towards above referenced account. Your payment was received on 9/13/13 in the amount of $200. Upon check clearing without delays or penalties closes this account. Because over $800 of interest was waived this account is "settled in full" and not "Paid in Full", the trade line on the credit bureaus will appear as such. Thank you for your payment" So now they are deciding to report this to my credit reports. What shall I do next? Are they violating anything? Now I am worried my scores will go down because of this.
  2. Are they exempt from the law to notify consumer within (30) days that they inserted negative information?
  3. Well the original letter shows the balance (which is balance w/o interest) and a note that says "If you do not make this payment as planned, we will assume that you have no intention of honoring this debt or your agreement and we will resume collection activity. If your payment has already been sent, thank you and please disregard this notice." Then in bold and capitals it says "SEND THIS NOTICE WITH YOUR PAYMENT FOR PROPER CREDIT!" Then in the bottom it says "This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collection agency". I'm not sure if my case would be considered a written contract or an oral contract or both. In terms of SOL, I have been paying so as long as I keep paying, the SOL starts from my last payment, not from when they gave me the first bill. I only have a balance of $180, how are they going to take me to court? Use interest fees tacked on as an amount I owe them ($180 + $1K+)? I'm going to try sending them the letter in my last post and go from there.
  4. Here's a letter I'm about to send to them per #1 of post 14. Let me know if this is good to go or if I need to make adjustments. Dear XXX Per our conversation on 6/25/2013 on the telelphone, so far I have paid $XXXX on a $YYYY debt leaving me with a balance of $XYZ. I also authorized that you charge $ZZ to my bank account ending in last four digits %$#@ which is Chase Bank/Washington Mutual. Recently, on 7/1/2013, I received a debit on my account of $ZZ under check # 0000 from your company, which now leaves me with a balance of $YYX. As a reminder, I have copies of the original statement reflecting the total debt amount + balance after each payment was made during 2009. For some time now, I haven’t received a balance statement after making payments with E-check. All I receive is a statement that you have charged my bank account but no reflection of the balance after the fact. Please send me an itemized statement of the total debt and my balance per all the payments I have been making since 2009. I would like to receive this statement before I continue making payments with confidence to pay off the remaining debt of $YYX. Please do so after receiving this letter within (10) days so I may continue sending payments to pay off outstanding debt. Thanks in advance. Sincerely,
  5. I'm going to write this note on the check, that if they don't agree to the note on the check, they will end up just returning it to me. I did this to a creditor in the past,which they cashed that means they accepted the note. Another creditor I did this to didn't agree with my terms on the note and returned me the check.
  6. I have a copy of the original statement with the actual debt amount and balance from 2009, at that time. If they give me another debt amount that doesn't match the original statement and my balance right now accurately ( i can order bank statements from chase), since nowhere in the original statement does it say they are tacking on interest, then it might be grounds for me to contact the state AG. I don't want to give them too many ideas for a rebuttal.
  7. Here's my plan of action: 1) Send them a certified letter requesting them to send me an itemized bill (since they stopped sending me the balance a while back) and compare with the original letter (since original letter didn't mention any interest tacked on when I started making payment arrangements) 2) Send a money order of the balance ($300) at the same time with a note stating "if you cash this, the debt is paid in full, and any further collection efforts is ceased and account is closed". 3) If I get an itemized bill different from the amount of the original letter, file a complaint against them with the California State Attorney General if they decide to return the money order and not accept it pursuant to the note in 2). If they accept money order, I won't contact the Attorney General and consider the case closed. Let me know if this is a good plan of action or if I need to modify something or add/delete steps.
  8. I have a copy of the lease from the debt validation letter I sent to the CA back in 2009. Shall I look for this info in there? And what part of the FDCPA does it say that?
  9. Ok I found some paperwork on the CA's first letter on the account that they are trying to collect on right now. All they said was to make arrangements right away to pay down the debt or face legal action, credit agency reporting, etc. There's nothing in that letter that says that "if you don't keep up with the payment arrangement, we can charge you interest". Absolutely nothing in this manner. What shall I do now? Also, they stopped sending me my balance after I was progressively making my payments. Anyone have some advice? First thing on my mind right now is to talk to a credit lawyer
  10. I am looking at my files right now that I have sent them back in 2009. I am seeing if there was some kind of agreement I made with them. As far as I know, I don't recall them telling me that they will excuse me from paying the interest if I paid the debt in time. This is somethign the new guy that took over my account came up with recently. I'm going to try sending a money order etc...after I have all my eggs lined up. So far, up to this day, they still haven't debited my account, they are up to something. Maybe trying to run 180 days late and say I didn't attempt to pay and now they have an excuse to report the principal + interest to my credit reports
  11. I don't know what these people are up ti. They still haven't debited my account. They also told me a few days ago that if i am 30 days latr in making a payment on arrangement they are by law allowed to report to equifax experian and transunion. Are they purposely letting time run so they can do this?
  12. Hi, It's been a while since i've been on this forum. I was an expert back then when I bought my home and I thank all the people in here for the help. Now I am in need of more advice and help. I am rusty. My situation is, I have been paying off this collection agency on an apartment debt that I owed. The debt was when I bought my house, I moved out of apartments and didn't pay the lease break fee which amounted to about $3130. Anyway, to make this short, a collection agency hit me up in 2009 and tried to ding my credit report. THey didn't follow rules, they didn't notify me that they added negative credit info on me w/o notifying me as required by law and I sent them an ultimatum letter to remove it or I can take them to court. Then they recalled the the negative info immediately. Since then I have been making payment arrangemens with them since 2009 to pay off the debt. Each month, the collector would call me asking me if I want to make a payment, at first I used checks and on the check I would write something like "you are authorized only to collect the amount shown on check, any other amount is not authorized". The reason why I put that was because the check had my routing and back acct info. Since then, I started thinking they were cool and started doing E-checks (direct debiting my account) to bring it down below $300. So now, a new person took over my account and I tried to make a payment arrangement (since they stopped calling me, which it turned out I now have a new account holder, who didn't know about my payment arrangement). So then I tell him that I was going to make a payment and what my balance was. He came out that I owed $1100. I was like WTF, I have been paying down the balance and how he came up with that amount. Then he went on saying that the old account holder got sick and didn't do things the right way and that what he should have done was report this collection amount ($1100 balance) to my credit reports. And then I said that he was wrong the amount was below $300. Then he went on to say "By law, we are supposed to charge you 10% interest on any balance that is not paid off to be accrued yearly". So the formula he came up with was the total amount of the debt times 10% each year that its not paid off, so that's how he came up with that amount. I told him that me and my old account holder made an agreement and he said "yes, I see you guys made an agreement that as long as you pay on time in an arrangement, we would excuse you from paying the interest". In my mind, I was like this guy is a BS'er. He then said "OK we will honor our request since you have been paying". Then I said if he can send me the correct balance, on the phone he would say "yes I see here you owe less than $300" but then on paper it still shows $1100. Then I kept demanding it to send it to me in an email or in writing. He said "well we will give you the correct balance as long as you stay on the payment plan to pay the rest off of the $300 and then after that we will send you the balance". This guy is up to something. Then I told him to debit my account $50 so that the balance would be $250. Its been 3 days and no debit yet. I called and they said "yeah it went thru yesterday", I said I didn't see anythhing yet, usually it would kick in immediately. Then I asked for my balance (since it was another person that answered the phone). She said "it shows you owe us $1050 after you paid $50". I was like in my head WTF? I didn't want to go on outrage so I kept it cool. I told her that I owed less than $300 now and that she would talk to the guy that I talked to last about my account. Then she got back to me on the phone and said that the guy hasn't updated my account with that info yet. But now it seems that after I pay off $300 they will come up with an excuse to collect an additional $800. My plan is to stop doing the debit and continue sending them one last check that "if they cash $250, that they agree that this account is full in payment and closed and to cease any future attempt to collect debt". Any tips?
  13. Ok, I have been working with this collection agency out in El Cajon, CA by the name of Southwest Recovery regarding a debt I have with the apartments. The debt is over $3100 but I brought it down to $2400 after making so many payments. We established a payment agreement to bring down the balance sending in any payment each month that I can afford. He has sent me notices to pay or my credit will be adversely affected. Ok, there was 2 months that I didn't pay and then he decides to hit my credit report, my scores dropped like 40 points. But upon insertion, they never sent me a notice that they inserted something negative in my report within 30 days which the FCRA Section (a)(7)((i) requires and upon its violation, I can take the creditor to court and sue them at minimum for $1000. I just waited 30 days from when they first inserted to outline to them that they are violating my rights. The first insert was on 11/9/2009 which is a red mark for November, so on Dec. 9, 2009, i sent him a check of 50 dollars plus a letter stating that he violated my rights and certified the mail. All the payments I have sent to him before were not certified. I get a red mark again for December as if they never received the letter and payment. I called yesterday and they said they never received anything, i told them by phone that they are violating my rights and they haven't sent me a notice within 30 days or insertion and how funny it is that they dont receive anything from me once its certified. They said "But we've told you from the beginning that your credit may be affected if you don't send payment or breach contract". Can that statement be used as a validation of the 30 days? To me I dont think so. What should I do? Do I have a case?
  14. Hi All, Its been a while since I've been in here but I want to know if a lender puts negative entries in your credit reports and do not notify you that they did that within 30 days, can you send them a letter stating to remove them since they have violated your consumer rights under FCRA Section (a)(7)((i)?
  15. Has anyone ever dealt with them? Well anyway, let me tell you my story. I have been fixing mine and my wife's credit since Dec 2007 using CIC, i've gotten help from the most wonderful people in here and I thank everyone. I jump started our credit repair to get a house and over the months after, i was able to remove negative tradelines and old accounts by use of State Attorney Generals and BBB. I have cleaned our credits good enough to qualify us for an FHA loan and we closed on a brand new home in June of 2008. Part of moving in to our new home is breaking our apartment lease + paying a prorated rent amount, which accumulated to almost $3150, somewhere around that figure. Anyway, we moved into our new home and we almost forgot about this obligation we arranged with the apartment until we got a letter from Southwest this month that they are collecting that amount ($3150). So i debt validated these people and asked them to show me proof that they are licensed to collect, to document any outstanding judgments that may have been filed againsts us, their license numbers, proof that the apartments has assigned them the debt to collect, etc etc etc. And also when i sent the letter, i did an electronic CMRRR and wrote in the front side of the envelope "Payment Enclosed". I learned this tip from reading the forums back then. This strategy is recommended especially if you are sending a CMRRR because sometimes some debt collectors will play smart and will reject the letter. Its a CYA tactic for them. If any of you dont know what CYA means, its "Cover Your a$$". Anyway, after about 2 weeks, they sent something back to me with all the information I requested and also they put an indirect "threat note" as if they can pull trigger if i tried to pull any tricks on them since they know that I'm not the average Joe and I know my rights. They said that "we consider your note 'payment enclosed' fraudulent. We have 2 witnesses here and we attest that we didn't receive any payment". So I believe this is some kind of scare tactic.. But my question now is, has the apartment sold the debt to them? or are they trying to collect for the aparments to recover the money? So I sent Southwest something back saying that I can only afford $100 a month for now because my budget is stacked with mortgage and 2 car payments, etc etc.. So what do you guys think? Do you think they will agree to such an arrangement? What do you think they will try to do next? Do you think I should just try to arrange with the apartments to pay the debt?