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Drake Savory

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Drake Savory last won the day on April 27 2011

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  1. I've been dealing with a CA that is going to play hardball. Actually, it's on my ex-wife's credit and I'm helping her out. I working another CA and they refused to deal with me without her ok because of privacy laws which started me thinking 1) Did the CA break any privacy laws? What if they thought I was her husband? We are in Colorado if that matters. 2) If it is a violation, what are the penalties? 3) All she wants is a PFD. Is there anything illegal or is it ill-advised if she sends them a letter spelling out what law they broke, asking for their office that accepts legal service (I forgot what that term is) in her state and within the same letter offer to settle if they delete the line item? The OC will be paid off by then.
  2. FTR: I never told the creditors this was to buy a house.
  3. Clydesmom you are very judgmental. You're attitude in the other threads has been that to have good credit, don't get into credit trouble to begin with. Great, that really helps me now. 6 weeks ago, our landlord told us that despite his assurance our lease would be renewed that nope, we were out at the end of the month. A month ago a mortgage broker looked at our credit and said that we would be able to qualify for a mortgage but it would be close so don't do anything. A week ago i.e. a week before closing the mortgage broker said "Oh by the way, this type of mortgage you can't have any collections within the last year even if paid off. Just get them to send you a letter saying they made a mistake and will delete them off your report." So yes, maybe if I was psychic I would have started this six months ago but I guess my ESP isn't working. So I have been put in this position by people who think deleting items is a piece of cake and if I don't pull this off in the next 4 weeks (the seller was nice enough to give us a 30 day extension) my family will literally be homeless. So tone down the condescension and if I'm not worthy of your help because I'm obviously to stupid to handle fixing a FICO score then fine, don't help.
  4. I know I'm flooding the forum but like I explained in a previous thread, the mortgage broker gave me 2 weeks to repair the wife's credit which means that I have to short-circuit a lot of the do this and wait 30 days strategy. If a CA sends the debt back to the OC, then does the CA automatically (or are they required) to delete the lineitem? I see some success stories online where the OC is not reporting but the CA is, the CA sends the debt back to the OC and the CA line is deleted. You then pay the OC and presto - no lineitem on the debt. YaY!
  5. Long story short, we need to raise the wife's FICO about 30 points in 2 weeks. The hang up is 2 collections, the mortgage underwriter says that the lines need to be gone completely, the old PFD since there can't be any collections in the last year. However, if we can raise the old FICO 30 points then it is a different set of criteria and we can have a paid collection in the last year. Now I know the rule of thumb is that a paying a collection can LOWER your score but IIRC that is because it makes the line item more current. These two items are reporting 2 months and 1 month ago so that is not really an issue. So assuming we pay these of in full (I can get the items deleted if I had more time but we have like 2 weeks to do this) what impact would that have on FICO?
  6. First of all, out of the 30 day window. Not my choice but the wife didn't tell me about any letters from the CA. Maybe we didn't even get a letter but good luck working that angle considering CAs are not required to actually prove they sent a letter. I disputed the items with the CRA and sent a DV letter. My question is if they are unable to produce paperwork to validate the debt, can they still legally verify the debt with the CRA?
  7. If the debt was originally with BigCorp but is now being reported by the CA or a JDB, who is the target of the dispute? BigCorp as the OC or the business actually doing the reporting?
  8. I don't know why I thought of this but it seems to me that once a CA or JDB gets your account, they cannot send in anything to CRAs for at least 30 days. They have to write the first dunning letter and then wait at least 30 days for the legally mandated DV period so it seems to me that they have to wait from date they send letter (technically the day you receive but they don't know when you get it) + 30 days. If you do send them a DV letter, then they can't send anything to the CRA until they validate. So far, anything wrong with that? So can they start reporting immediately after this time period is up?
  9. I'm doing this tomorrow as a matter of fact to try to persuade the CA to PFD rather than hassle with me. Of course on the fax it will put "Copy sent via CMRRR" and send them a letter.
  10. I guess my question is if you pay the OC, why does the CA have to delete? Can't they just zero out the account and put paid in full?
  11. And please provide USC cite or case law if possible so I can throw that in when dealing with two CAs that claim they can't PFD. Obvious answer - the entity whose name is on the line item. Here are two scenarios that I am facing right now. Oh and how can you tell if a CA rep is lying? They're talking. 1) CA sent a line item for a collections for a debt still owned by the OC. Since the CA "works" for the OC, they cannot PFD without the OC's permission. Of course CA still wants me to pay them and not the OC. I think this is BS (is that an official credit repair acronym like CRA, OC and JDB?) and call the OC. OC confirms my suspicions and yet the CA still insists they cannot unilaterally PFD. 2) CA sent a line item for a collections. I can't give more info than that like are they really a CA or a JDB because either way, they have THEIR collections being done by a third company. The CA can't work with me because (this is just ripe for getting a deletion) they sent all the paperwork to the third company. They ignore everything I sent and direct me to their collector who of course never made any line item so how can they PFD?
  12. Let's say I have a line item that is removed via a CRA dispute. The CA is still actively collecting so is there anything to prevent them from creating a new line item the next time they report? Maybe (or maybe not) related to the first question. I have a collection that just (less than 2 weeks ago) got sold to a JDB. Obviously they havn't sent anything to a CRA yet. Let's say I call and agree to pay* BEFORE they send any info to a CRA. Can they then report to the CRA thus creating a "collections" line item? If so, would it be marked "Paid in full" or "Paid as settled" if Ireach an agreement with them? * I know the smart move with a JDB is to do the DV dance with them etc. etc. but if there is a way to prevent it from ever even being sent to the CRA it may be worth it. Yes, I know that any settlement should include an agreement in writing befora a payment is made that they will never report to the CRA about the debt.
  13. I owe just over $40000 in student loans (just confirmed on the DoEd student aid site) but in the letter I got from the CA for the guarrantor, they claim I owe over $50000. Did they charge $10,000 in fees? Since this would be considered unreasonable i.e. not tied to actual cost of collections could I take them to court? I have just started the consolidation process. Will that new loan pay off the $40,000 or $50,000?
  14. It's on my voice mail so eventually I'll need to figure out how to get it in a format to present for evidence.
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