SafetyDude

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About SafetyDude

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  1. Just when I thought things were looking good, we received an IRS form 1099-C form from Asset Aceptance in the amount of $2879. This was addressed to my wife, whom I met in 2001. The debt description is listed as "Beneficial Fin". BACKGROUND: In 2008, my wife recieved a letter from AA with a typical offer to settle a debt. We sent a validation letter, but received no response. This account was never listed on her credit reports. They never provided any info on this alledged debt. In the summer of 2009, she got another collection settlement letter, and we sent out a validation request. While I have to look for their reply which I saved, it basically said that that they were no longer servicing the account/the account has been closed. My wife thinks that this may have been from an $850 loan for encyclopedias back in 1992. Can anyone offer any guidance on what to do about this? Am I in the right forum? Thanks for all that replied to my earlier posts last year. You have been a big help. BTW, my wife is a Texas native, and returned after her military service in 1995. She recalls the encyclopedia purchase was in Georgia. I have not filed my return yet. Can anyone offer some advice
  2. I was getting True Credit from TU, with daily 3 bureau pulls allowed, along with all 3 scores. When I called to cancel many months back, they dropped the fee from 14.95 to 9.95, just to keep me. Now, they ditched the daily 3 way to a monthly pull, while still providing a daily pull on TU. Can anyone reccomend a site that still offers 3 bureau with scores, with daily pulls? Thanks
  3. Unifund says it is closing my account with them, and will delete the jacked up $12K tradeline from all 3 CRAs. In its response, Unifund cited my complaints verbatum, with the usual puffery on how they complied with law. They even cited my complaint on how they were mis-representing the debt, and said: "SafetyDude notes a number of alleged violations in Unifund's credit bureau reporting. Unfortunately, without seeing the reports to which he is referring, it is difficult for me to address the specific errors that he alleges are reflected in those reports. I SUPPOSE THE BBB SENT THEM 9 DOCUMENTS, BUT FORGOT 3 "I have been advised that, at this time, Unifund has closed SafetyDude's account in its system and is requesting that all credit bureaus to which the account is reported delete Unifund's tradeline" BAMM!! I also filed with the OH AG, and Unifund defended itself on every technical point, but did not address it's mis-representation of the debt. The AG's office did what they could, but considered it closed. I followed Fizzle 1979's advice and filed with the ACA. No word from them yet. Thanks to all who contributed to my success in this project. SafetyDude
  4. Thanks to the Credit Info Center books and Forum members, I've begun to make progress on both my wifes' and my credit. A debt well past the 7 year requirement was removed once I disputed I discovered that a billing agency closed shop, I disputed it- poof! It's deleted even though it was only 4 years old A large LVNV TL was deleted from all 3 CRAs A substantial OC chargeoff was deleted from EX, it was 6 years. Again, thanks to all.
  5. This is not ID fraud, but rather several of the many definitions or types of fraud that places an individual under a disadvantage. For example: A misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby Try to refi a mortgage when a collections account is mis-represented the way Asset/Unifund/LVNV does. After several disputes being dismissed as frivolous, verified, etc, this one brought a response.
  6. I got a letter from Asset, noting that I am claiming fraud on an account. They asked for documents, ie; police report or fraud affidavit. I propose to send them this: Re: Your account #xxxxxx Date To Whom It May Concern: Thank you very much for your correspondence dated XX AAA 2008. I am pleased that you show interest about me claiming fraud regarding the above referenced account. You asked for documents to substantiate my claim. I have enclosed these documents for your review. As a courtesy to you, I am also providing a copy of this correspondence and the same documents to the agencies listed below. Please allow me to summarize my complaint. Your firm is committing fraud by willfully misrepresenting this debt under several U.S. and Texas consumer protection laws: 1. Adding usury charges by charging “interest” to an account that was charged off with a balance of $3,XXX. You now claim $6,XXX is due. 2. Reporting a purchased Junk Debt as an Installment account. 3. Reporting as being under monthly terms. 4. Reporting this account as being open. 5. Not reporting correct Date of First Delinquency, which was Sep 2002. 6. Reporting this as a loan. 7. Calling this Factoring Company account; it is a purchased charge-off. 8. Not reporting this under the Collections category to the Credit Reporting Agencies. 9. Reporting this account as being past due. 10. Representing Asset Acceptance as if it were a creditor. 11. Continuing activity while being under dispute. Just like me, I am certain that you are very concerned about fraud in the collections industry, as is the Association of Credit and Collection Professionals, of which your firm is a member. Adhering to the ACA Code of Ethics is required of its members. Keeping that in mind, if Asset Acceptance does not correct those items cited above within 15 days of receipt of this letter, I will file a formal complaint to the agencies listed below. Deleting this trade line from all three of my Consumer Reporting Agency files is much more favorable than responding to consumer complaints or litigation. Best of luck, Safety Dude CC: Bureau of Consumer Protection, Federal Trade Commission Attorney General’s Office, The State of Michigan Attorney General’s Office, The State of Texas The Association of Credit and Collection Professionals The Better Business Bureau of Eastern Michigan Enclosures
  7. Well, I could just cave in and wait it out. However, I need to tidy things up for an upcoming ARM adjustment. No, I have not been sued. The OC only reports that it was sold to Unifund in '04. Unifund replied to my first DV with a promise to supply documents once they receive them. From what I've seen in these posts, that means "once they fabricate them". Anyway, that was 26 Feb 08 when they sent their only reply. I DV'd them a 2nd time and cc'd the TX and OH AGs office. As with their 1st DV receipt, they updated my TL with a collections status. No, I am not sueing them, I was trolling for an opinion from an NACA attorney. I can spend a lot of time and money on postage, etc. If, as he says, Unifund is doing nothing wrong, then I'll bide my time. Asset and LVNV are doing precisely the same thing. So... If I have a case, I'll chase it with more letters, FTC and AG complaints. Maybe a claim for violations.
  8. Or am I totally off base in figuring that Unifund is doing something wrong? Through a case review page, I sent a NACA member attorney a CA dunning letter, my 2 DV's, their promise to deliver (NOT), and extracts from my CRA's: EQ- Type of Account: Open Current Status: - Date Open: N/A High Credit: $5,906 Date Reported: 02/2008 Credit Limit: $0 Date of Last Payment: - Terms Frequency: - Date Major Del First Rptd: - Balance: $12,333 Charge Off Amount: $0 Amount Past Due: $12,333 DOLA: N/A Months Reviewed: 9 Type of Loan: Factoring Company Account Date of First Delinquency: 09/2002 Comments: Collection Account EX- Account Type: Unknown - Credit Extension, Review, Or Collection Account Status: Closed Monthly Payment: - Date Open: 2/1/2006 Balance: $12,333 Terms: 1 Month High Balance: - Limit: - Past Due: $12,333 Payment Status: Seriously past due / assigned to attorney, collection agency, or credit grantor’s internal collection department Comments: - Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 06 06 06 06 06 06 06 06 06 07 07 07 07 07 07 07 07 07 07 07 07 08 08 08 ND KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD TU (listed under installment accounts) Condition: Derogatory Pay Status: Collection/Charge Off Balance: Factoring Company Account Past Due: $12,333 High Balance: $5,907 Terms: - Limit: - Payment: - Opened: 02/27/2004 Reported: 04/07/2008 Late Payments Last 7 yrs: - Remarks: Collection Account Account information disputed by consumer, meets FCRA requirements **His Reply** Dear SafetyDude, Thanks for contacting me, but I don't see anything here that I would be interested in taking to court. As far as I can tell, Unifund is not reporting anything incorrectly. The account is obviously past due. A credit card account is an installment account, even if it is charged off. A debt buyer is a factor, as the definition of a factor is one who buys a business's accounts at a discount. As long as Unifund is trying to collect the account, it is an open collection account, even if the original creditor charged it off and closed it. As the assignee of your account, Unifund has the right to continue to charge interest on the account under the terms of the original agreement. That right was not terminated by the original creditor's decision to charge off the account or sell it. In short, I don't think I could persuade a judge or jury that Unifund has made a false report about you. That is an essential element of most any claim under the FDCPA, FCRA or TDCPA. Comments? Suggestions?
  9. Or am I totally off base in figuring that Unifund is doing something wrong? Through a case review page, I sent a NACA member attorney a CA dunning letter, my 2 DV's, their promise to deliver (NOT), and extracts from my CRA's: EQ- Type of Account: Open Current Status: - Date Open: N/A High Credit: $5,906 Date Reported: 02/2008 Credit Limit: $0 Date of Last Payment: - Terms Frequency: - Date Major Del First Rptd: - Balance: $12,333 Charge Off Amount: $0 Amount Past Due: $12,333 DOLA: N/A Months Reviewed: 9 Type of Loan: Factoring Company Account Date of First Delinquency: 09/2002 Comments: Collection Account EX- Account Type: Unknown - Credit Extension, Review, Or Collection Account Status: Closed Monthly Payment: - Date Open: 2/1/2006 Balance: $12,333 Terms: 1 Month High Balance: - Limit: - Past Due: $12,333 Payment Status: Seriously past due / assigned to attorney, collection agency, or credit grantor’s internal collection department Comments: - Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 06 06 06 06 06 06 06 06 06 07 07 07 07 07 07 07 07 07 07 07 07 08 08 08 ND KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD KD TU (listed under installment accounts) Condition: Derogatory Pay Status: Collection/Charge Off Balance: Factoring Company Account Past Due: $12,333 High Balance: $5,907 Terms: - Limit: - Payment: - Opened: 02/27/2004 Reported: 04/07/2008 Late Payments Last 7 yrs: - Remarks: Collection Account Account information disputed by consumer, meets FCRA requirements **His Reply** Dear SafetyDude, Thanks for contacting me, but I don't see anything here that I would be interested in taking to court. As far as I can tell, Unifund is not reporting anything incorrectly. The account is obviously past due. A credit card account is an installment account, even if it is charged off. A debt buyer is a factor, as the definition of a factor is one who buys a business's accounts at a discount. As long as Unifund is trying to collect the account, it is an open collection account, even if the original creditor charged it off and closed it. As the assignee of your account, Unifund has the right to continue to charge interest on the account under the terms of the original agreement. That right was not terminated by the original creditor's decision to charge off the account or sell it. In short, I don't think I could persuade a judge or jury that Unifund has made a false report about you. That is an essential element of most any claim under the FDCPA, FCRA or TDCPA. Comments? Suggestions?
  10. Perhaps I was unclear. I waited 30 days after receipt of my first DV. They promised a reply, but did not. Instead, they made negative entries. After each of the 2 DV letters were received, I had these entries on my TU CR: 02/22/2008 Business Name: UNIFUND CCR PARTNERS Account Status: Collection account Status Date: Balance Amount: Balance Date: 04/03/2008 Business Name: UNIFUND CCR PARTNERS Account Status: Collection account Status Date: Balance Amount: To boot, there are no comments on a dispute status in any of current reports. Again, thanks for the comments
  11. At 11 a.m. on 22 Feb 08, Unifund received my DV letter. On the 23rd, I got an email alert on a CRA posting. Unifund made a 22 Feb collections account update on my TU report. On 26 Mar, Unifund sent a reply, saying they would forward the info once they get it. I never got that info. On 31 Mar, they received my 2nd letter, where I gave them 15 days to remove the TL. I CC'd the AG for Ohio and Texas. On 3 April, they again posted a collection account update on my TU CR. I will now proceed with a complaint with both AGs. As far as a small claims suit goes, how many violations do I have here? Thanks
  12. With the previous threads in mind, can someone tell me exactly what these are? Unifund LVNV Asset Acceptance Each lists itself differently on their TLs on my CRA files.
  13. I disputed with EX and got a letter containing the following: When you question information on your personal credit report and tell us specifically why you believe the information is inaccurate or incomplete, we contact the source of the information through an automated verification system or letter. We ask the source to check their records to verify all of the information regarding the item you questioned, AND... The Federal Trade Commission (the government agency charged with enforcement of the FCRA) does not require that the consumer credit reporting company obtain documentation such as the actual signed sales slips, signature cards, contracts, etc.; nor does it require that consumer credit reporting companies act as mediators or negotiators in account disputes. Needless to say, in a seperate letter dated the same day,EX says it verified my Unifund and Asset TLs. The next day, they replied to another written dispute stating I needed to ID myself further. I guess they want to play hardball, now that I went from online to written disputes. Do I send them another letter challenging the Unifund and Asset verification? What should I say/request? Thanks
  14. I disputed Unifund and Asset online and Experian "updated" both TLs. Neither one shows account in dispute. I then followed up with a letter asking them to show how they verifed the TL, etc. Yesterday, I got two seperate replies in the mail. One acknowledging the request and another with the results. Again, Experian says the creditor verified the TLs. It goes on to say that if I have any new info, to provide it to them. I had previously DVd both JDB/CAs. Unifund sent a letter saying they were requesting the data. It has been 36 days since they received my DV request and no further communication from them. Asset sent their letterhead with the OC name, account # last transaction date and my personal data. Questions- 1. Now that Experian verified the TLs twice, and did not provide any info on the verification process, what's next? 2. Should I send them another letter, and include the replies from Unifund and Asset?
  15. I'm about to refi on my home. Thanks to the forum, I'm working on years of abuse by JDBs. Most of my debt comes from a divorce and long-term job loss immediately after 911. I worked through CCC/MMI for a while, but had to give up paying CAs over providing for my family. My last payments were in Aug 2002. I have the usual 3 members of the Axis of Evil listed on my CRAs- LVNV, UNIFUND, ASSET. These have/are being DVd and disputed. TU did pull Asset off, to my delight. I want to include a Consumer Statement, but not a "woe is me" pleading. Other than a $900 Cingular tab skillfully persued by AFNI, I've been clean. Been on my current job since Aug 05, never late on mortage or 2 car loans. Had a few paid collections- student loan/ PX credit card, both satisfied in 2005. Any suggestions on what to address? What NOT to talk about? Thank you in advance.