Hal Jordan

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Hal Jordan last won the day on September 20 2011

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About Hal Jordan

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    In brightest day..

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    Kansas
  1. Wrong my friend. Please site a precedent, statute or federal court ruling that supports your statement. Something that says that once a debt has past your state's SOL that it is a violation for a collector to post it to your credit reports.. Because the FCRA gives them 7 years and 180 days.
  2. B.S. All of it. All they have to do validate the debt is tell you who the name of the party that is owed and how much is owed. They do this and they have provided legal validation at this point. That letter is full of empty threats. You would have to prove they are falsely representing the debt.. And how exactly are they falsely misrepresenting the debt? They have a legal right to report the tradeline on your credit report for 7 years and 180 days regardless of the fact that the SOL has expired. They can legally report the debt is owed. How much is owed, to whom, that it's an open collection, dofd etc.. As long as they don't threaten you with legal action they can most assuredly report your debt that is outside the SOL to all the credit bureaus for the entire 7 yr 180 day timeline afforded them by the FTC and the FDCPA.
  3. Excuse me? Please re-read my post and then explain to me what just exactly I said that was wrong and why. Nothing I said was wrong. This person has an outside of SOL debt in their state that they want deleted. The only way a collector will ever agree to delete a debt in this situation is for some kind of payment. They can't take her to court without violating the FDCPA and they can't win as long as she affirms a defense of the SOL. I never advocated sending "one cent" to them UNLESS they agree in writing to consider the debt satisfied and to remove all tradelines from her reports. That's the point right? To get it removed from her credit reports. They have a legal and legitimate right to report that debt for 7 years and 180 days and since that is literally all they have.. they aren't going to walk away from it just because she asks. That's why offering a settlement on an alleged debt to save time and effort might just be the best way to go $250 is a hell of a lot better than nothing. my letter in no way accepts ownership of the debt, does not agree to start making payments on the alleged debt and is not a promise to pay unless they agree to the terms on point and in writing that accepting the payment means the debt is satisfied in full and they will remove their tradelines. NOTHING I said was wrong. In fact this is about the only way she can get the thing removed
  4. That's where wording the letter comes into play. This is the letter I would write if it were me.. Dear dirtbags, I do not believe this debt is mine. I not only dispute the validity of this debt, but I have also taken the time and checked with the state of Alabama's Attorney Generals office and verified that the Statute of Limitations for enforcing this debt through the courts in Alabama is limited to 3 years which has already expired. However, in the interest of saving myself a great deal of time and effort I am willing to pay a one time lump sum in the amount of $250 to settle this matter on the conditions that the debt be considered satisfied once you have received payment and that your agency remove any and all negative tradelines they have posted to my credit reports with the 3 major credit bureaus (namely equifax, transunion and experian) within 10 days of receiving payment. Please be aware that this is not an acknowledgment or acceptance of the debt, as I have not received any verification of the debt. Nor is this a promise to pay and is not a payment agreement unless you provide a response as detailed below. If you accept the offer, please prepare a letter on your company letterhead agreeing to the above referenced terms. This letter should be signed by an authorized individual with your agency. If I do not receive your postmarked response within 15 days, I will withdraw the offer and pursue other courses of action afforded to me under the FDCPA and Alabama state law. Sincerly, Me
  5. Well, there are a couple of things with this.. First, It's probably not having much of an effect on your scores at all if it's this old. Probably less than 5-10 points in reality. Two, it will fall off on it's own this year. They only stay on your reports for 7 years (at most 7yrs 180 days) but typically they're removed at 7 years. They are not allowed to repost them either unless you do something foolish like make a payment.. something to reset the DFL and or the SOL. Three in New Jersey the Statute of limitations for them to take any kind of legal action against you is six years. Which means the SOL has expired and there isn't anything they can do to you now. They can't sue you in court, they can't garnish your wages and sometime this year it will fall off of your credit reports which means they can't even report it anymore.. Again, a collection this old isn't having that much of an impact on your FICO score. Chances are if your FICO score is lower than what you think it should be it's probably due to high debt to available credit ratio on revolving debt and or some missed payments in the last two years. If it were me.. I'd recommend that you do nothing with this and let it fall off.. Or I'd make a dispute with the credit bureaus and see if you can get it removed that way. You may even consider writing a direct dispute along with a Cease and desist letter to the CA that has the account. With it's age chances are they don't have anything and there's a good chance they would just delete it anyhow.
  6. You can disagree but it doesn't change what is required for validation and what isn't.. and 99% of that letter isn't. All I'm saying is that stuff isn't necessary. And just because it made one collection leave you alone doesn't mean that the simple letters I wrote above wouldn't have done the same. When we first start this process we're ignorant of it.. so we send these cut and paste letters thinking that because they are full of legalize and demands that the CA will go "Oh no!" here's someone who knows they're rights so we better leave em alone or they might sue us or expose us.. When in reality all they do is open up the same cut and paste letter they've probably gotten atleast 20 times this year. When they do go away... I assure it, it's not because they got a cut and paste letter off of the internet full of legalize speak and references to the FDCPA. It's because they can't meet the simple requirements of validation or they don't have enough evidence to go beyond what they're doing and they know it. And letter asking for validation or any C&D will get you the same results as the one referencing the statutes "that they MUST" provide.. especially when 99% of the letter is wrong about what they "must" provide. You can send your cut and paste letters off the web. Bully for you! It's not going to hurt anything.. All I'm saying is that it's no better than the simple letter that requests what you can legally request. Those long letters get skimmed at best.. and again..do you think a professional CA hasn't seen your letter or a hundred other variations of it in the last year? At the end of the day it's about exercising your rights.. The smoke and mirror stuff and convoluting letters aren't going to get you any farther. Take care, Hal
  7. All of that is completely worthless.. They are not required by law to provide you with any of that during validation. All they are required to provide is the amount of the debt and to whom it is owed. THAT'S IT! All of that other stuff you can only get through discovery process after you've been sued and are . Listing the FDCPA by section isn't going to make a bit of difference either. I did the same thing starting out though. I used to write the same kind of letters... correction... I used to cut and paste the same kind of letters. But ultimately..All you really need is this. Dear scumbag, I dispute this debt that you say I owe in it's entirety (they're file #). Sincerely, Me ---- Debt collectors know the laws.. or they should. Siting the statute number or section of the FDCPA they are supposed to comply with isn't going to make the go'' Ah shucks, they quoted a law so we better go away". They know cut and paste when they see it. Validation letters, Cease and desist letters.. they don't need any of the language you see from these two page letters on the net. All a cease desist letter needs is. Dear Scumbag, I refuse to make any payments on this alleged debt and also demand that you and anyone associated with your agency never contact me again. Sincerely, Me -- Everything else is just unnecessary fluff that isn't going to scare away anyone..
  8. If you don't want to write letters and or dispute online etc.. you could pay the folks who sponsor this site and send you a pop up whenever you log in.. lexington law. Skyblue is another one that's the same. They basically charge you anywhere from $40 - $120 a month to write and stagger dispute letters.. It has worked for some.. it's certainly not worth it imo as I can write a letter just as good as anyone.. Here's an example. Dear Collector, I dispute this debt in it's entirety. Sincerely, Me There ya go.. Your first dispute letter and it's free no monthly fee
  9. Lol.. from the "ESTATE" not the "real estate"
  10. Texas Laws - Business and Commerce Code TITLE 1. UNIFORM COMMERCIAL CODE CHAPTER 9. SECURED TRANSACTIONS Sec. 9.616. EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY. (a) In this section: (1) "Explanation" means a writing that: (A) states the amount of the surplus or deficiency; ( provides an explanation in accordance with Subsection © of how the secured party calculated the surplus or deficiency; © states, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and (D) provides a telephone number or mailing address from which additional information concerning the transaction is available. (2) "Request" means a record: (A) authenticated by a debtor or consumer obligor; ( requesting that the recipient provide an explanation; and © sent after disposition of the collateral under Section 9.610. ( In a consumer-goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under Section 9.615, the secured party shall: (1) send an explanation to the debtor or consumer obligor, as applicable, after the disposition and: (A) before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and ( within 14 days after receipt of a request; or (2) in the case of a consumer obligor who is liable for a deficiency, within 14 days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency. © To comply with Subsection (a)(1)(, a writing must provide the following information in the following order: (1) the aggregate amount of obligations secured by the security interest under which the disposition was made and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (A) if the secured party takes or receives possession of the collateral after default, not more than 35 days before the secured party takes or receives possession; or ( if the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than 35 days before the disposition; (2) the amount of proceeds of the disposition; (3) the aggregate amount of the obligations after deducting the amount of proceeds; (4) the amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney's fees secured by the collateral which are known to the secured party and relate to the current disposition; (5) the amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in Subdivision (1); and (6) the amount of the surplus or deficiency. (d) A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of Subsection (a) is sufficient, even if it includes minor errors that are not seriously misleading. (e) A debtor or consumer obligor is entitled without charge to one response to a request under this section during any six-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to Subsection ((1). The secured party may require payment of a charge not exceeding $25 for each additional response. Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
  11. Send a 623 Dispute to the OC. That will tell you everything you need to know.
  12. I wouldn't count on that or take it to the bank. I would get your ducks in a row. Record conversations with collectors if you take any calls. Keep all your mail. Send everything Certified with delivery confirmation. Start reading your states laws on civil proceedure. Figure out how far you are willing to take this thing.
  13. Thought you were banned? Guess the powers that be haven't gotten around to it yet.. You sir, are the genital herpes of this board. Everyone wants you gone, everyone hates when you show up, you irritate and annoy anything that comes in contact with you.. and just when we think you're gone..boom.. you flare back up again and start annoying us all over!. Wish there was some kind of cream that could make your old lying a$$ stay gone.