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MokkNoir

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  1. Simple. I got an attorney to represent me. Didn't have to verbalize anything. We split the money down the middle and I didn't have to waste my time going to court, etc. I paid the $90 to file against the CA, and just sat back and let my lawyer do the work. He would email me about my case and the latest settlement offers and that was about it. I didn't really have to do anything after that. I never even actually met the guy face to face, but he's OK by me. I'd be happy to pass along my lawyers info if someone in NC wants it. He was recommended to me by someone else that had success with his services. Now I just wish the CA would send me some more letters.... I have more toys I'd like to buy!
  2. Update: I did sue and I won! YEAH!!! I got a settlement of $5,500. Thanks for the cash!
  3. I have just deposited my settlement check from my lawyer in the amount of $3000 (Total settlement was $5,500). Laughed all the way to the bank!!! And I'm still laughing... How did I do it? 1. I followed the advice on this site! 2. Did my homework! Read, read, and read. 3. I bought a tape recorder and started recording all phone conversations with the collection agency. 4. Built my case and kept the paper trail alive. 5. Retained a Debt Lawyer to do the heavy stuff. 6. Sat back and smiled. Ok, so here's my story. I had a credit score of about 500 and owed about $20,000 on bad debts about 2 years ago, complete with multiple charge-offs and delinquent accounts. I went through the whole process of disputing and challenging everything negative on my CR. All of my items were past the Statute of Limitations in my state since I had cut up all of my cards years ago (I went 7 years without ANY credit!). Most of the items were eventually taken off of my credit report. A few of them took several letters, but persistence paid off in the long run. However, there was one company that kept mailing me dunning letters (I'll call them BRA [that is a B not a P]. Since the accounts were old (past SOL and CRA limits) I called them about the letter. I recorded the conversations with their reps and caught them breaking the law several times. Basically, they were threatening my credit score. I played dumb and said "a friend told me I don't have to pay it back since it's too old"; BTW, they love these statements! I also asked about my credit report... "Since it's too old, you can't do anything to my credit report, right?" Well, they said they couldn't report it any longer, but that they could keep doing hard pulls so that if I tried to get credit somewhere, it would be noticeable that a collection agency is pulling my report and that would hurt my credit worthiness. THEY CAN NOT DO THAT! I got them on tape saying this multiple times. They also ignored my letters requesting validation of said debts. They would send me a letter stating the debt was valid and nothing else. I would keep sending letters creating my paper trail where I demanded an investigation. Twice they were so stupid as to send me a dunning letter about 45 days after my letters demanding an investigation, in which they state that since I had "failed to supply additional information requested needed to complete the investigation" they were discontinuing the investigation. This was laughable since I'm demanding an investigation into what information THEY had in regards to my debt account. In my second letter, in addition to all of the information I had requested, I also demanded to know what this "additional information" they had requested was, and why it was SO important as to prevent them from providing me with the information they had about my account in accordance with Federal and State laws. Cut to about a year later and I found a dept lawyer to handle my case. I never even got to meet him, but I'm happy with the settlement I got. All that just for mailing some letters and making some phone calls which I recorded. Not much work for three grand. The irony is that they were trying to collect from me, but I turned the tables on them and they ended up paying me! Thanks, suckers! HA HA !!!
  4. I'd like some more current info as well. Was utilizing TU's TrueCredit, but they have started restricting your ability to pull reports. Now you can only get "updates" once a month. In other words, you don't get new reports anymore, you just get a page that informs you there are no "updates" to your credit report.
  5. Ok, thanks. I thought it would be broken down into Chapter, Section, Subsection, etc... (wish a true lawyer would chime in on this. I've spent some time in court and I've never heard a lawyer referring to ANY law as Chapter such and such "dash" # "dash" # #. Not sure about this, but I want to be before I file the suit.
  6. I was wondering how you actually verbalize it. I know it starts with Chapter 58, but didn't know how to verbalize the remaining numbers properly. I agree. Being able to provide a prior court precedent would go much farther to winning than just trying to argue the interpretation in my favor.
  7. I live in Cumberland County. (Does this matter if we're talking state and federal law?) Portfolio Recovery Assoc. Just gotta love their motto: "We're giving debt collection a good name." Really? Yeah.... right.
  8. Thanks for the clarification guys! I've had it with them and I want to sue. Otherwise, they will just continue to walk all over people if no action is ever taken against them when they commit these violations. I don’t care if it cost me a little money in the end, I would consider it a small price to pay to be a thorn in their a$$. LOL. So, can I just go to the local magistrate's office and file a civil suit against them? Or, is there a different method I will have to go about to pursue this? Also, when I do get in court, how do you properly reference a General Statute? For instance if I wanted to state the following GS: § 58 70 115. Unconscionable means. No collection agency shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following: (1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver; How would I actually say it? “NC General Statute Chapter 58, Section 70, Article 115, Subsection 1”?
  9. Ok... I don't know where you live, but you're way off base for the state of North Carolina. The statute of limitations for this state is 3 years on debts. By law, they have no grounds for a lawsuit. Is this the part you were referring to? [seems weird finding this under a chapter titled Insurance] § 58‑70‑115. Unconscionable means. No collection agency shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following: (1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver; [seems weird finding this under a chapter titled Insurance]
  10. I owed about $40,000 in credit card debts that were continuously piling on the penalties; late payments, over the limit, etc, etc, etc . I had actually begun to seriously consider going over to Iraq as a civilian contractor just to get out of debt. Then I found this site and realized I only had to wait one more year and everything would drop since it would be past the seven year reporting period. So…. a year in the world’s biggest and ****tiest cat box? Or, just keep right on living my life as I had been for one more year? Easy answer… So, now I’m in the clear and have two cards that are under 8% interest. Everything is golden…. But, wait. What’s this? A letter from a CA trying to collect on a debt? I couldn’t resist calling and asking them about it. They know damn well that the last activity was in Nov. of 2000 and that I had the debt removed from my report. The CA told me that even though they couldn’t report the debt anymore, they would continue with the inquiries in a last effort to hurt my CR. Can these guys really keep doing that? Isn’t this threatening and coercive behavior preventable? Do I have to put up with this? I’m so pissed with these greedy whores I’m ready to make their life a living hell. I’d love to show ‘em what I can do over the course of a year to someone with a hacksaw and a blowtorch. Should I start a paper trail to build a case and then sue? Thanks for any advice in advance!
  11. Can a CA (UNIFUND) report an account as being 120 Days late to EQ when it has been reporting for several years as a CO to EX? I disputed on Feb. 1st, ironicly, they just reported to EQ in Feb that I was 120 days late. This has made my score on EQ take a nose dive. UNIFUND has been very sneaky, reporting different things to different CRAs. I'm ready to make life as expensive and difficult as I can for them.
  12. Again, I must first throw out a huge thanks to the people that are helping the newbies, the frustrated, and those that just plain want their lifes back. THANK YOU!!!!!! So, here's a question about something a bit ambiguous. My CR reflects an account on my 3-in1 from EQ that looks something like this: Account Number: (blah,blah)xxxx Date Opened: 11/2000 Balance Date: 01/2003 Balance Amount: $0 Monthly Payment: $0 High/Limit: $3,200 Account Status: As Agreed Past Due Amount: $0 Comments: LAST REPORTED DELINQUENCIES: 01/2003=R, 12/2002=R ACCOUNT CLOSED BY CREDIT GRANTOR ACCOUNT TRANSFERED TO ANOTHER OFFICE EQ not reported Just got my letter from TU today that it was removed (WOOHOO!!!!) So, this appears only on EX. Out of curiosity, I played dumb and called to ask about wether I should dispute the charge to see what they would say. Of course they said it would impact my score since its an "As Agreed" account listing. However, any fool can easily see that there were some problems with the account, and it's not too difficult to figure out that they most likely did a CO on this account. So, my question for the gurus: Am I right in thinking that I should still get it removed from EX? To do or not to do is the question, to be dramatic about it...... Thanks in advance!!
  13. Ok, I will narrow this down to my essential question since I'm still not quite sure. If my DOFD is May 2001 and I never made another payment, regardless of how many companies buy the debt, should it legally be dropped from my CR? In other words, can I go after them if they won't drop it come May 2008? Thx again for any help!!! My hat is off to Amerikaner83. Great stuff for newbies.
  14. First, I would just like to say how great this site is! Cheers to the gurus that are helping others regain their footing! Now, on to my question. I'm a little bit confused about how long something can stay on my credit report. I've not made any credit cards payments since January 2001. Many of my bad accounts are now gone, but a few are still hanging around. Not only are they hanging around, UNIFUND a collection dept. for Providian is playing tricks to keep it current. Am I correct in thinking that 7 years from the date of the CO by the OC that the item should be removed? Are they breaking the law by creating new accounts to keep it current? Here is a sample of one credit card debt and its listings from several CRs that I saved last couple of years. I compiled all the data from this single acount and used the terminology on the report. I left out what I didn't think was really neccessary or blank to save time. Providian Acct# 455950060049XXXX Experian Credit Report – April 26, 2006 Status: Transferred, closed/Account charged off. $4,059 written off Account History: Charge Off: Nov 2001 ------------------------------------------------------------------------ Equifax Credit Report – May 4, 2006 Status: Charge-Off Date Reported: July 2004 Date of Last Activity April, 2001 [June 30-59 days past due, July 60-89 days past due, etc; Oct 120 Days Past Due] ------------------------------------------------------------------------ TransUnion Credit Report – May 5, 2006 Status: Charge Off as bad debts Remarks: Purchased by another lender High Balance: $4,057 Credit Limit: $3,200 Date Opened: Nov, 2000 Date Closed: Nov 2001 ------------------------------------------------------------------------ Equifax 3-in-1 Credit Report – Jan 16, 2008 Experian Acct# 060049XXXX Date Opened: Nov, 2000 Balance Date: Jan 2003 Balance Amount: $0 Acct. Status: As Agreed High/Limit: $3,200 Comments: Last Reported Delinquencies: 01/2003=R, 12/2002=R Account closed by credit grantor account transferred to another office 24-Month Payment History: Charge Off: Nov 2001 TransUnion Acct# 060049XXXX Date Opended: Nov, 2000 Balance Date: Jan 2003 Balance Amount: $0 Acct. Status: Collection High/Limit: $4,057 Comments: Purchased by another lender No 24-Month Payment History available for display Equifax Not Reported ------------------------------------------------------------------------ Equifax 3-in-1 Credit Report – Jan 16, 2008 {Filed as UNIFUND Acct# PROVI-5950060049XXXX} Equifax Status: Collection Date Opened: (No Date Listed) Balance Date: Dec, 2007 Balance Amount: $5,803 High/Limit: $4,059 Comments: Collection Account Experian Not Reported TransUnion Not Reported ----------------------------------------------------------------------- Equifax 3-in-1 Credit Report – Jan 16, 2008 {Filed as UNIFUND Acct# 455950060049XXXX} Experian Status: Collection Date Opened: Feb, 2003 Balance Date: Jan, 2008 Balance Amount: $5,833 High/Limit: $4,059 Comments: Last Reported Delinquencies: 01/2008=I9, 12/2007=I9 Original Creditor Providian National Bank Collection Account 24-Month Payment History: NR from Feb, 2006 - Apr, 2006 CO from May, 2006 – Jan, 2008 Experian Not Reported TransUnion Not Reported This is my first post, so please exscuse me if I'm confusing things. I've been pouring over all the forums and reading the laws, but its not an easy thing to do. I really would welcome any feedback from some of you that have been doing this for years. Thanks in advance for any help!!!!
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