Diane08

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About Diane08

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  1. Hi JCakes--I am so sorry that you had such a HORRIBLE experience with these idiots. They preyed on the fact that they were able to scare you, that they sued you before you did your homework and requested validation, and before you had a good handle on the FDCPA.*Most* lawsuits cannot be proven in a court of law with CA/JDB, due to lack of legally valid documentation and some mess up on the pleadings. I certainly empathize with you. If it were me, I would have gone toe-to-toe with them in court, demanding valid documentation and discovery to prove that the debt was even mine. I would have DEMANDED that the tradeline that they inserted on my credit report be taken off FOREVER, and gotten that in a stipulation between both parties. If they refused to do this, then let's go to court-because it's going to cost them a whole lot more in litigation fees than the debt is worth, and you can request that they remove the negative tradeline to the court and get it in a court order. Furthermore, if you are on disability, those monies are untouchable-and they wanted you to prove that to them? I would have told them that I will show the court in my motion papers that I am on disability-it is not their business how much you get in disability payments! That money is not allowed to be garnished! Anyway-if you have any further dealings with CA/JDB, ANYTHING and EVERYTHING you do MUST be in writing, never through conversations over the phone! IF you talk to anyone from the CA on the phone, make sure you write down the date and time of conversation, the full name of who you are talking to and their ID number, is applicable. They go a little nutso when you ask them this stuff. Everything before you pay, when they receive the payment and after MUST be in writing, and signed by both of you. BEFORE you even paid the $500, you should have requested something in writing that they would drop the lawsuit within 10 days of cleared payment. Otherwise, they will drag their heels and do it when they get good and ready. I am NOT condoning not paying your debts-but what I do not condone is the behavior of these CA/JDB to get you to pay. They know the rules, and depend on the debtors to not know the rules, and that is how they operate so that they can degrade you, intimidate you and use every scare tactic they have. They HATE to deal with someone who knows the laws that protect them, because then they can't call you 400 times a day, degrade you and curse at you when you are talk to them, as well as calling you a dead beat, low life, or whatever they have been trained to say. The best way to deal with them is in WRITING ONLY! Then, you have a record of everything. When and if you speak to them on the phone, make sure the conversation is recorded and you make them aware that you are recording the conversation so they can't bring that up in court, that they didn't know. You can produce the evidence that says you did. I have dealt with a few CA/JDB-mostly over debts that weren't even mine, because I have a very common name-and I know exactly what you went through. However,with age comes wisdom, and I no longer can be intimidated by these people because I know what laws protect me and I also know what laws they are bound by in the collections business. Unfortunately for them, and fortunately for you, their front-line service reps don't, and often they shove their shoe right into their throat when they talk to you. Remember-everything in writing from these people. That protects you in case they try to "sell" your debt to another JDB on stuff they couldn't collect on. KEEP EVERYTHING FOR AS LONG AS YOU CAN! You never know when JDB are going to rear their ugly heads regarding accounts that were paid off 10 years ago! I have protected myself by saving payment checks and statements from as far back as 1990, on accounts where the OC claimed that I didn't cancel the account (cable company and phone company). I always write on the bottom of the check what the payment is for (i.e. payment to close account, payment for period from xx/xx/xxxx to xx/xx/xxxx, security payment for rent, etc.) If you have documents you can produce to prove them wrong, they will retreat FAST. If you show you know the presiding laws, they will fuss and usually give up because the legal costs are more than the debt is worth. A small debt is worth challenging, because if their lawyer has to spend more than 2 hours on the case, it is worthless to them. If you do owe the money, and know you owe the money, try to work with the OC, not a CA/JDB. They are who you owe the money to, not the CA/JDB. Make an agreement to have them fix the negative reporting on your credit report in return for your payment. The main thing is, you have to demand everything in writing BEFORE you go to court or pay them anything. After they get their money, they couldn't care less about you-but, if they want their money before you have paid, they will get that paperwork out to you ASAP!!
  2. I'm sorry that I did not return within your pre-set time limits to see if anyone responded to my post. Perhaps you should post what the time limits are, because I certainly wasn't aware. And maybe put a time-clock at the door. Not trying to be mean, but.... Oh, and by the way.....the reason I haven't been sitting at the computer for 14 hours a day reading posts, answering posts and waiting for answers is because my 80 year old mother fell and broke her albow and shoulder and had a total shoulder joint replacement, so she only has one arm and can't do very much by herself---in fact she can't do anything, and I have to do pretty much EVERYTHING for her. So--I'll do my best to run back here and look for answers.
  3. I'm sorry---I did not see that the Sears thing already resulted in a judgment. I am a little confused--a court date to determine wage garnishment? Unless I just haven't heard of anything like this before, wage garnishment is usually a percentage based on the law---you don't meet to "decide" how much they are going to take out. That is all predetermined. Now, agreeing about payments is a different story----however, if they already proceeded to get a judgment, why they would be meeting with you in court to discuss payments is puzzling to me. The judgment is done---they can proceed with garnishing your salary, putting a lien on your house, etc. They got a judgment for the whole amount, I assume, and they want the whole amount and they will do whatever they have to do to make sure they get it. I am also not sure what the laws are in the state you live in, but find out how much time after a judgment is filed you have to file a motion to vacate the judgment. (I know in New York you have a year after the judgment is filed to file a motion to get the judgment vacated.)You can do this and have the judgment vacated, and "work" with the attorneys regarding payments, etc. OR--you can continue with legal action to force discovery, etc. I am not exactly sure that you understand what is going on with the Sears/LVNV thing, to be quite honest. Most of the time, people don't even know a judgment was filed against them until they go to use their ATM card and their accounts are frozen. If you know about the judgment, then you must have attended court during the litigation, and you had the opportunity to file motions and get discovery when it was going on in the court--why didn't you do that? Why let it go to judgment and then ask if you can DV it? Maybe I am the confused one....
  4. Sorry---but I couldn't continue in one post, too many characters. As far as DVing LVNV in court--it is too late to do that. You say the next court date is to determine payments or garnishment? If you did not DV in a timely fashion, you can still find out about the account information. Simply file a motion for discovery to the court, and tell the court that you were not provided with any documentation to validate the debt, so you don't even know if the debt is valid or if it is yours, you don't know the date of first delinquency, you don't know if it is still within the SOL, and you want documentation to prove it. You can try asking the lawyer first to see if they will comply, but chances are they won't (because they don't have it) and they will get annoyed that you are even asking for this when they are so close to getting their payday.....Just ask the court for an adjournment/leave to file a motion--the attorney representing LVNV/Sears will be very mad, but to hell with him, you have a right to know EVERYTHING about the account/debt they are saying you owe them. I'd ask for original documents from Sears with statements and original signed application, any documents that were *allegedly* sent to you by any entity regarding this account, and the contract between LVNV and Sears that enables them to collect on the debt, showing that they actually *own* it. Ask for DOFD too. I would also ask for any and all documentation dating back to the very first statement that shows what was purchased with the account. You can't DV something that is already in the court, but you CAN request discovery in a legal way in a court of law. Don't go down without a fight, here. When you show up knowing what you are talking about
  5. You have been living above your means for quite some time. It is hard to beleive that you weren't able to pay your mortgage because the gas prices went up. I simply cannot understand how NOTHING got paid in the past few months? I would think that you should have been able to pay at least your primary mortgage and utilities and car payment on your salaries. You have $ coming in from the rental house, so you have to add that in. Your monthly household income is around $6,000 if not more than that and you say that your monthly costs before utilities,etc. add up to $3700.That leaves AT LEAST $2300 for the rest per month(and I suspect it is more than that-perhaps closer to $3000). Your family is going to have to do some serious "buckling down". I guess I don't have to say it, but when things were good, you should have been putting money away for an emergency fund, for times like this. You are going to have to get rid of stuff you don't need, and spending that is not absolutely necessary to life. You are going to have to start buying generic, cutting coupons, staying home to not waste gas. Get rid of any extra cable television services and get basic cable. Instead of eating steak, you eat meat loaf. Instead of stopping every day for coffee, make it at home and bring it with you. If you use the dryer to dry clothes, put out a clothesline and use that to dry clothes instead. Quit buying soda/juice and drink water from the tap. Be mindful of electric usage in your house. Turn your thermostat down a few degrees and wear sweaters in the house. Do not do your dishes in the dishwasher-wash them by hand. Start taking your lunch to work instead of eating out or ordering in. Do not go out to dinner or order take out. Peanut butter and jelly sandwiches or scrambled eggs and waffles make great, cheap dinners. There are a ton of ways to cut spending, and although they seem too small to make a difference, the truth is they're not. Also,you have to look at ways to get more money, since what you're currently making isn't cutting it. 2nd jobs and perhaps jobs for your kids too. I am not sure if you give your kids an allowance, but you either have to cut that out or reduce it. Your credit is already messed up with the severely late pays and the Sears judgment and student loan default, so don't go crazy trying to fix that right now-you want to find a way to get current on your bills. The student loan people are usually very open to working something out if you explain your situation-and they'd rather get something than nothing. The major thing is that you don't want to lose the house you are living in, so make sure the mortgage on that house is paid up, along with the utilities and insurances. Same thing with the car. If you lose your method of transportation, you are going to be majorly screwed. Is there a way you could carpool to work to save $ on gas and car maintenance? I am also a little confused about your 2004 Avalanche.How can you owe $18,000 on it when it is only worth $12,000? Did you buy it used? I only ask that because I am sure that you were FULLY AWARE of that truck's gas usage. And now, until it is paid off so you can keep it, the chances of you being able to sell it or trade it in are slim to none, because people are scared that the gas prices can go back up to nearly $5 anytime, and they don't want to be in vehicles that get less than 10miles to a gallon when they do. So-there is/was a WHOLE LOTTA frivolous spending going on, which has been going on for a long time. You NEVER even should have gone out for ONE SINGLE DINNER if your bills weren't paid! Cutting costs/spending and getting more money in is the key here. I think that creditors would rather get something than nothing, so maybe point out that fact when you speak to them. Perhaps your lawyer friend can talk to them and get better results. Otherwise, if they file suit and get judgments, you could very well lose your assets, and that includes your primary residence. Get that overdue mortgage paid off first.Call up student loan company and work something out-$800 isn't that much to restructure your loan. Now is the time to really tighten up on the reins. I think the thing that is mind boggling to me is that Americans are complaining now about not being to spend frivolously like they used to, not being able to rack their charge cards up for stuff that isn't essential and actually living within their means. Everybody got so used to "keeping up with the Jones's" and using lines of credit to do so. People are looking to bankruptcy as an easy out, instead of taking serious measures to rectify the situation. I hope you don't take my post as "ragging on you". If you do have to lose your rental house, your primary house, that is not the end of the world-you can always rent someplace to live. "End-of-the-World" things are sickness and death, and it looks as if you have neither of these, so you are in a place that is definitely workable.
  6. I agree with the poster who said that one's credit report/score has no bearing whatsoever on how they drive a car, predicting how many claims they will file and for how much, nor a prediction of any claims on homeowner's insurance. A lot of people fall on bad times, lose their jobs, get sick, etc., and don't crash their cars because of it. People shouldn't be penalized because of it. I certainly don't condone running up credit cards and defaulting on them to challenge CA and JDB in court for each "violation", purposely to buy planes and houses and things. However, I also do not think that people should pay JDB $3,000 for an original $500 debt to the OC---especially when the JDB paid $5 to the OC for this debt!! If the JDB paid $5 for the debt, then the debtor should be responsible for paying that $5 back to the JDB, not $3,000. Also---credit cards and banks are practicing questionable methods lately with the people who have cards and accounts: They are doubling the minimum payments, jacking interest rates up for no good reason except that they "have to make up for the people who are defaulting", and playing around with the grace periods-----the thing is, the people don' t know what they are doing, because they are so used to the same due date, the same or similar minimum payment and interest rates. The people who actually pay their bills, on time, are "making up for" the people who are defaulting!! Now is that fair?? It's the same with the "bailout" of people who defaulted on their mortgages---the people who are paying their mortgages on time and who have no defaulted are not getting any help, or even a thank you, for that matter!!! I could go on and on about this---taxpayers bailing out "private" banks and corporations to the tune of billions and trillions of dollars, and the employees reaping multi-million dollar "bonuses" for causing the demise of their companies......Yet, America and it's citizens continue to want "capitalism". "Capitalism" is based on a theory similar to "only the strong survive". If you have a business that runs itself into the ground due to bad management or haphazard spending or whatever, they go bankrupt and close their doors----they don't get "bailed out" by the government and taxpayers to stay in business!! I can't even go on, because my blood pressure shoots through the roof when I do...... Sorry for the rant.....but I think the beginning of my post is valid.
  7. Good grief you guys---I didn't mean to cause such a big "discussion"......Perhaps I should add a few things to my post..... No business or compnay that I do business with (and that includes any credit cards or utility compnaies) have my cell phone number---they have my home landline. So---I have no "implied" agreement with any of them to call and/or use my cell phone to reach me. And, how NCO even got my cell phone number is beyond me. Secondly---from the information I gathered, not only is it unlawful for an entity to call your cell phone with an automated dialing service, but also unlawful to leave a pre-recorded message on your cell phone, which is what they have been doing. Apparently, it is illegal for an entity to call your cell phone without permission because technically you are paying for the call. Their messages always say the same thing: "This is NCO, etc. We are legally required to tell you that this call is from a debt collector and we are attempting to collect a debt, etc. Please call us back at (phone number) and reference account number (Account number)." They do not state a name of the person who they are looking for or want to talk to, only a reference number. They have been calling my cell phone every day. The one issue I am questioning, and maybe you guys can help is---aren't they legally required to send you something in writing within 5 days of the initial contact? I have received nothing in the mail from them. Do I have a course of action with this? I'd love to cash in on an easy $1,000. Or, would it be more since they continue to call me without anything in the mail? The one thing I'd love to know is how in the hell they got my cell phone number!! NOBODY HAS IT EXCEPT FAMILY, FRIENDS, WORK, ETC. And, I know they haven't called my family or friends or work. I absolutely REFUSE to change my cell phone number---I should not have to change ANYTHING in my life, especially a cell phone number I've had for many years, because of these idiots!! I am supposed to live my life sidestepping collection agencies? No fu**ing way. I refuse to do that. I am so sick of dealing with this crap. I have also have another issue with Capital One that I have been battling for about a year and a half, to no avail, but I will post that one soon---I don't feel like doing it right now. It isn't like it will be fixed quickly, since I've been at it with them over this issue. Thinking about it only causes my blood pressure to rise, and I don't need that. Any feedback would be appreciated. Thanks.
  8. NCO has been calling my cell phone for the past 4 days with a pre-recorded message that includes a "refernce number", but does not ask for or state a name of the person they are looking for. Apparently, to call a cell phone with a pre-recorded message is an FCC violation (this is just what I found out by doing a little internet research), and you can report them to the FCC vis internet with a form that they have. I am curious if I am going to get something in the mail in the next few days.....if not, maybe I'll just take them to court and get my quick $1,000.
  9. Hi folks----I just wanted to post something about Experian..... I called Experian today to get a couple of issues taken care of----one was to have the FA alert removed from my CR and the second was to dispute some inquiries. I called the first time, and spoke to some dimwit----literally, a dimwit. She was SOOOOO unwilling to help me, and I started yelling at her on the phone. The issue with the fraud alert was that I wrote a letter to EX with copies of my driver's license, SS card and phone bill, and received a letter back from them saying that the information was not requested by me (????). So, this bitch would not say anything except "Send it again". So---I went nutso and kept asking her to speak to someone who could help me, and this woman just kept parroting "Send it again". I SENT THE F***ING THING ALREADY!!! Furthermore, she would not help me at all with the inquiries, just saying that I have to contact the entity that made the inquiry......Her voice sounded like she was stoned and could not give a **** if the building was on fire. So, frustrated beyond belief, I hung up. Then I called again. A lovely woman answered the phone, and immediately transferred me to "special services", where an even MORE lovely woman proceeded to help me. She went back into the files and found the letter I wrote, requesting that the FA be removed, with the copies of the license, SS card and phone bill, and she removed the FA!! She put the disputes in for the items in question, and she was SOOOO helpful!!! As bitchy and unhelpful as the first (rag) woman was, this woman was a hundred times as helpful!!! So---the moral of this story is if you call and get the bitch who won't help, hang up and call back to get the lovely woman who WILL help. The first bitch I spoke to should have known to transfer me to "special services" when I asked to speak to someone else........ I guess as in all fields of service, you have lazy, do-nothing, miserable wretches who are as helpful as a rash----and then you have people who take pride in what they do, who are truly helpful and do the best they can to provide their service to you in the most kind and considerate manner possible. I should have gotten the bitch's full name and number and reported her to EX---she doesn't deserve a job there. Give the job to someone who needs a job, and who REALLY WANTS TO WORK!!! There are plenty of people out there who need a job right now, and who would be as happy as a clam to have one working for EX----give them a chance and get rid of the dead wood.
  10. YES!! I have been having the same problem. I can't access my credit reports through CreditSecure, and I can't get my Experian report from TC. I called CreditSecure, and they say that the SS numbers are not matching up (????). I have the FA on all 3, but I wrote to them asking to have it removed---it is causing a major problem not only acessing credit reports, but I have also applied for a couple things through Chase and a couple other companies, and they sent me letters saying they were not able to verify my identity due to the fact that they could not verify my SS#. I am going to give it a couple days, then see if CreditSecure can access my credit reports. If not, then I am going to call them and ask them to refund my $$$$ since they have done nothing for me!!
  11. All I have to say is if you are considering going into this type of business for yourself, you better know the laws down pat, or you can lose it all in a lawsuit. Why not go into the business with your cousin, or at least have him give you the pointers instead of asking people who are trying to improve their own credit? If your cousin is a "professional", he would know much better than people on here (well, most of them, anyway). Why on earth would people who are searching for ways to improve their credit give you information for nothing, while you intend to go make money from other people? Okay--I'll calm down now. It just sounds like bull-dinkie to me.
  12. Hi everybody. Something rather interesting has happened to me, and I have not seen anything like it on this board. I have been going back and forth with Capital One over this credit card account, that allegedly was opened in 2001 under my name. (The only Capital One card that I have ever had is the one that I have now, which is in good standing) On my credit report, it says for this account that it was "legally settled for less than the actual amount". Well---I have been writing letters to Capital One for at least 8 months requesting that they investigate this account, and provide me with the company or entity that "settled" this account. Well, they have sent me several half-assed letters saying that they no longer have a relationship with this entity, and therefore cannot provide me with any information. Several of their letters have stated this----and in my response letters I told them that even if they no longer have a "relationship" with the entity that "legally settled" this account for less than the actual amount, they should at least be able to tell me who this entity is that "settled" the account, and for how much---and provide me with some documentation. Well---as I am sure you all know---Capital One is horrible to deal with. I am sick and tired of asking them who the hell "settled" this account. I sure didn't!! Why won't they tell me who gave them the money to "Settle" this account? Just because they no longer have a "relationship" with them doesn't mean they can't tell me who it was. I am at a stalemate here. I don't know what else to do. I have sent them no less than 8 letters requesting this information, and still they won't tell me who it was that "settled" this account. Are they allowed to do this? How can they report this to the credit bureaus if they cannot provide me with even the name of the entity who "settled" the account, not to mention any documentation regarding this account? I mailed a copy of one of the letters I got from them to Experian (because this is the only CR that it is showing on) and they sent me a letter back saying essentially "We can't use this information". What the hell is going on here? I don't know what else to do. Please can somebody give me some advice and tell me what to do. I am at my wit's end with Cap One. They are the worst.
  13. Confused? Holy s**t yeah!! But thank you for such a lengthy and in depth response. The John Glenn Drive address is the first "good" address where I sent the DV letter to Zenith and received a green card back. I sent the second letter there, and it was returned as undeliverable, and there was another different address on my credit report that they reported, which was COMPLETELY different than the John Glenn address. When you called, did they ask you for an account number or anything? Or can I just call and ask them for their CURRENT AND VALID mailing address? And, I should tape that conversation too. What Capital One provided to me was just a very vague typed letter, no signed application or anything, saying when the account was opened, how much they say I owe, and some other minutia. Nothing of any substance. I never had any Capital One credit cards until I got the one I now have, which is in good status. I believe that on my creit report it says that on the Capital One listing that it was sold to another company, or something like that. Doesn't say who though. I did think that North Star not responding and sending me the "settlement" letter constituted continued collection efforts which violated the FDCPA---and yes, I do have the green card back from that. I have the green cards back from every correspondence I sent, except the two that got returned from Zenith. I send everything regular mail, CMRRR, fax, e-mail and any other way I can send it over to them. Both the regular mail and CMRRR got returned. These bastards jsut better not try and get a default judgment against me, and I know that is what they are probably gearing up to do. I just was not sure about a collection agency reporting something on your credit report wihtout notifying you first about the account. Okay---here is one more question---what can I do about other collection agencies doing hard inquiries on my credit report? I have nothing else in collection. I have written to the companies about the inquiry, requesting why they are doing the inquiry, and of course I get no response. It is so frustrating, and just doesn't seem lawful or fair that they can just bang your report with an inquiry, but not even answer a letter from you to tell you what it is for. And, when I disute it to the credit bureaus, they just say that it is a collection agency, and that they can't remove it---to contact the collection agencies. It is like chasing your tail a lot of the time......very frustrating and irritating. If a "normal" business functioned that way, they'd be shut down.
  14. Hi everybody---Zenith Acquisitions is now in charge of collecting this Capital One debt (but meanwhile I have never had a Capital One credit card, except the one which I have now). I noticed that the placed their collection account on my credit report. Prior to this, I received a dunning letter from North Star, which I promptly responded to with a DV letter, and sent it CMRRR---of course, it was never answered, and instead they sent me a "settlement" letter, to which I sent another DV letter to. That one was never responded to either. Then, I see that entry from Zenith on my credit report. I sent one DV letter to Zenith, CMRRR. I did not receive a response, so I mailed another letter to the same address I sent the prior letter to, which was a valid address because the green card was signed and returned to me. The second letter was returned to me, unable to be delivered by USPS. I checked my credit report again, and noticed that there was a completely different address on my credit report, so I mailed the letter to that address. Guess what? The letter was returned undeliverable, again. Can somebody please give me some advice as to what I should do now? I have googled Zenith, and gotten the same old address that I used the first time. Are they allowed to furnish a false address to the credit reporting agenices? And what is the deal with putting something on my credit report after I requested validation from North Star that was never answered, except for that "Settlement" letter? I have drafted a letter to the credit reporting bureaus, and will photocopy the front of both of the letters with the addresses and the sticker from the USPS that says it is undeliverable to send to them, to show that the addresses are bogus. This is extremely frustrating and aggravating. They have nothing to prove this debt, since I never had a Capital One card, hence their lack of response. What I would like to know is if there is a part of the FDCRA that governs furnishing the credit bureaus with the correct contact information? And, the credit bureaus could not have verified this account with them, since the contact information is bogus. I might add that yes, I did dispute it and request that the 3 bureaus verify this information---and, of course, it came back as "verified". I have been battling Capital One for months already over this account, and they have this item listed on my credit report----is Zenith allowed to report the same account as a collection account, with an "account open" date of 3/2008? Is this re-aging an account? It makes it look like this account went delinquent in March, which i snot true either. The DOFD is 2003, I think, from what I can remember in my correspondence to Capital One. Capital One never supplied me with a signed application/promissary note, they just sent me a typed letter with the information that they have---which does not prove anything, and they know it. Has anyone had a similar experience? Or can someone give me some sage advice on how to deal with these jerks? Thanks so much----Diane
  15. Diane08

    Reaging

    I have a question: If you have a DOFD being 11/2001, and a payment was made on the account 6/2003, but it wasn't paid in full, does the DOFD remain as 11/2001? Or, does it change to 6/2003? I think it brings the DOLA as 6/2003, but does that also mean DOFD if it wasn't paid in full?? I am just trying to figure this out, because some of the credit repair stuff is very confusing to me---like this stuff. Thanks a lot for answer.