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obsoleet

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  1. I had a student loan that defaulted. I went through the Federal Loan Rehabilitation program which (when completed after 9-12 months) the loan will have all negative information removed and the loan will be placed with another lender at which time you can make payments or pay off and it will never have shown negative. After I completed the program, the US Department of Education told me that they would update the CRA's to reflect "Pays as Agreed" never late, etc.. A month or so passed (about Feb. of this year) and it still showed negative so I disputed and 30 days later it came back as Updated.... collection account CLAIM FILED WITH GOVERNMENT. Obviously i was a bit shocked because now it looks worse. I contacted the US Dep. of Education and they said it would still take more time. I waited another month or so... no change. I disputed again in May and June... Verified. No change. After each dispute came back verified I called the US Dept. of Education and they say their systems show that they sent the request to the CRA's and to just wait. Each time I asked for some sort of documentation showing they submitted the information to the CRA's and each time they said they couldn't provide it because it was handled by a different department or done electronically. Finally after disputing it in July, it comes back as UPDATED: Pays as agreed, never late, etc! THANK GOD! But then about a week later, I get a credit alert on all 3 CRA's that a new derogatory account has been listed so I get my new CR's to see what it could be... lo and behold... the tradeline had been reverted back to COLLECTION ACCOUNT CLAIM FILED WITH GOVERNMENT. I submit another dispute stating that they already verified before that it wasn't a collection account and the report reflected PAYS AS AGREED. A month later they come back as VERIFIED COLLECTION ACCOUNT CLAIM FILED WITH GOVERNMENT. Once again I call up the US Dept. of Education and they give me the same canned responses, we are showing that we sent the information to the CRA's and give it time to update. I asked to speak to a supervisor and same thing. I waited another month, disputed yet again and yesterday I get the results back VERIFIED COLLECTION ACCOUNT CLAIM FILED WITH GOVERNMENT. I don't know what to do... it seems like I'm either getting the run around by the government or the CRA's aren't doing the verification they are supposed to be doing or both. It has been about 7 months that I have this $29,000 collection account with a claim filed with government on my credit report which should have been removed/corrected and which obviously will prevent me from buying a house, car, etc What's my next step? Any help would be appreciated... I live in the state of MD if that is of any consequence.
  2. As per my next route... do i need to do a DV letter before I send a 623 letter? Or can I just send a 623 after i've disputed with the CRAs
  3. Should I use a DV attempt first or just go straight 623? Also, I noticed that the FDCPA states: " ยง 808. Unfair practices [15 USC 1692f]A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. " LVNV has been increasing the debt every month.... does this constitute a violation for the state of maryland?
  4. Would I send a 623 letter to the OC or the JDB or both? I disputed both with the CRA's and both came back verified
  5. Someone else had also advised filing a complaint with FTC and BBB against LVNV for no dunning letter (i never received one). Would you recommend this as well?
  6. So after a years worth of great advice through these forums, I have been able to rectify many issues that came up in previous years. I do have two issues that remain and I wanted to know the best route to go about handling them. I have two credit cards TLs that show up as CHARGE-OFF and two JDB's reporting the debt (one debt is almost doubled by the JDB LVNV). The OC and its related collection JDB are the following: --------------------------------------------------------------------------------------------------------------------- OC: HSBC BANK --- Date opened: 05/10/2008 --- Balance: $0 --- Date Reported: 07/10/2012 --- Status:CHARGE-OFFCredit Limit: $300 --- High Credit: $661 --- Date of First Delinquency: 06/2009 --- Date first major delinquency reported: 12/2009 Account Type: Revolving --- Type of Loan: Credit Card JDB: Portfolio Recovery --- Date opened: 06/22/2010 --- Balance: $662 --- Date Reported: 04/05/2013 --- Status:COLLECTION ACCOUNTPast Due: $662 --- Date of First Delinquency: 06/2009 --- Date first major delinquency reported: 08/2010 Account Type: Open --- Type of Loan: Factoring Company Account (debt buyer) ------------------------------------------------------------------------------------------------------------------------ OC: CREDIT ONE BANK --- Date opened: 01/30/2007 --- Balance: $0 --- Date Reported: 06/30/2012 --- Status:CHARGE-OFFCredit Limit: $500 --- High Credit: N/A --- Date of First Delinquency: 05/2009 --- Date first major delinquency reported: 11/2009 Account Type: Revolving --- Type of Loan: Credit Card JDB: LVNV FUNDING LLC --- Date opened:12/10/2009 --- Balance: $1760 --- Date Reported: 04/22/2013 --- Status:COLLECTION ACCOUNT Past Due: $1760 --- High Credit: $1052 --- Date of First Delinquency: 05/2009 --- Date first major delinquency reported: 02/2010 Account Type: Open --- Type of Loan: Factoring Company Account (debt buyer) --- Creditor Classification: Financial ------------------------------------------------------------------------------------------------------------------------- I've disputed with the CRA's as 'not mine' back in April of 2012 and they came back as verified. What would be the next approach I should take which would have the best result to my credit score? I also want to mention that I have the money to pay them both in full if necessary but if there is another route which has a better effect on my overall credit I would prefer to take that route. Thank you very much for any assistance you can provide!
  7. The offer was legit and I ended up getting it out of default status to show two years perfect payments and ended up paying off the ~$36,000 in loans
  8. I'm not sure I can since I still have four things I'm trying to get off my credit with PFD - Two credit cards (HSBC and Credit One) both small balances (under $1000) and defaulted in 09/10... both have collections open with LVNV and Portfolio recovery (in process to get a PFD - One Medical Collection for $200 (they won't do PIF for PFD) and was from 09/10 not sure what my next move should be yet. - The Credit Union Line of Credit for $1000 (which I asked about in this thread). I have been able to get PFD's for several other things so I'm chipping away at the mountain but I am told rather than focusing on strictly cleaning my report I should also be attempting to show credit worthiness (hence paying off the loans and opening a new car note even though I already have a car). I could pay these off cash right now but I am afraid that would do more harm than good (stay showing on my CR as negative at one time) since I have had success with PFD's recently. Will I be able to still get a AMEX blue with those things on my report and my score showing ~580 FICO Equifax? I can easily prove my income with W2's and recent pay reports. Someone advised that I should get a Gas Card/Store Card to help with revolving credit since I got turned down for not having revolving credit from CC companies... and guess what... I got turned down for a Shell Card and a Macy's Card (lol) for lack of revolving credit! ::: so much headache trying to make right what went wrong almost 4 years ago!
  9. Easy way to get that is: Everytime you call them you hear a recording or they tell you that they are recording the call. If you ask them if it is ok to make your own recording they will often say no and hang up (or just hang up altogether) since they don't want to be caught on tape with violations. So, once they get on the line just ask them in this fashion: "Hi... just so we are clear is this call is being recorded, right?" They will say yes since they think you are referring to them recording it. Once they acknowledge the call is being recorded with out stating they do not consent then you can use it in court. That worked for my last appearance where the company wouldn't let me record the conversations when I initially was asking to record our phone conversations (since they stated they are recording on their own). Came up with that as a way to allow me to record without them ending the call and bam... gottcha.
  10. I was listed as an authorized user since it was my parents account and had the history on my CR but never was late with them. After the issues with the credit union when I fell on hardship, I lost my banking privileges. I ended up banking with USAA since then but banking is all they will allow since I am not military (or family of military). That is why I was curious about going back to the Credit Union or whether that would open a can of worms (my goal with everyone I had an issue with has been to acquire a PFD and not a "Paid" or "Settled" status)... should I just open a secondary account with a bank (I really don't wish to get rid of USAA) and use them for 6-12 months and apply for one of their cards? Also, was paying off the $36,000 in student loans a good idea (which I had been making two years worth of perfect payments) or should I have just kept making the payments? I thought it would lower my debt ratio but now I'm not so sure that was as important as payment history on a credit report. Thanks for your advice!
  11. The only card I want is an AMEX again since I've had my parents platinum for years and liked the PIF aspect. I have a job that provides an incredible amount of income and have been using just my debit card but it doesn't come with some of the benefits that the Platinum AMEX provided. I'm under the assumption that, in order to get AMEX again, I need to show some revolving credit history demonstrating my credit worthiness once more.
  12. I have been working to correct a bunch of problems I created a few years ago when I lost my job. Bit by bit I'm getting them corrected with the help of everyone in this forum (including Linda7)! The next account I would like to correct is a line of credit with a local credit union for $1000 that went bad back in 2009/10. It is currently listed as a "Charge-Off". I'm not sure how I should approach this... I don't see any collections looking for it and I would love to have the opportunity to have it reopened again so that I can use it since it would be great to help me reestablish credit. I believe I need some revolving credit (line of credit) since I have none currently (including no open credit cards) and can't seem to get anything but secured cards (one of the rejection letters states "no open revolving accounts" or something along those lines). I've opened up an installment loan with BMW for ~$50,000 and have been (and will be) paying on time but it is recent (since November '12) so it doesn't help much atm. I have also paid off $36,000 in student loans (showing paid as agreed for two years and now have $0 balance and closed). If I call the OC, given the above scenario, do you think they would be willing to reopen my line of credit if it has been charged off already or could this possibly open up a can of worms with SoL etc? What would be the best course of action if I would like it to be removed from my report or put into current/open/pays as agreed standing? Thanks in advance for your help!
  13. Hello! Does anyone happen to have a 2008 Cardholder agreement for: CREDIT ONE BANK (with JAMS) HSBC Bank (with JAMS) that I can have? I have been looking around and can only find 2012 versions. Thanks in advance!
  14. Linda, Thanks for your help.... I sent a letter to the attorney (CM/RR) stating that in order to save us both time and effort, I would agree to pay the alleged debt in full provided they remove the tradeline from my credit report. I gave them 15 days to respond or said I would withdraw my offer and pursue arbitration. They sent a letter back stating that the debt has been verified with a one page copy of a bill. No agreement to my terms whatsoever... 15 days are up... I'm sending the notices that you posted earlier which notifies them I elect arbitration... .how do I go about initiating arbitration with JAMS?
  15. It was a generic form letter they emailed me with a password. It basically said congradulations you may qualify for loan rehabilitation program which could offer you some great perks... yada, yada. Nothing spelled out the exact agreement. If I get them to verbalize it and record the conversation... would that hold up if they didn't honor their verbal agreement? FWIW: I did my due diligence and they are who they say they are... and they are in charge of the debt as per the Fed. Gov.'s conversation with me... Being a federal student loan, I don't mind paying it back... but I wanted to make payments to the gov not to the CA... is the CA setting up the payments for me or am I paying the CA?
  16. I posted this in the collections forum before I realized this was probably the proper place so apologies: ERS contacted me and offered to put me on a loan rehabilitation program. They said I would need to pay $800 upfront and then I would have monthly payments of $249. After 6 months of perfect payments, I would have the defaulted student loan removed from my credit and it would show in good standing. They said I would be eligible for federal financial aid again after 6 (or 9) months (i can't recall). They wanted my credit card information for my checking account. I set up a checking account at another bank that would be used for this purpose alone... My question is... is it ok to give him the debit card information? Does he really need the $800 down payment? Will everything he promised come true? I asked for something in writing and they just gave me a generic letter.... he said I could talk to his supervisor if need be... Should I record the phone conversation? I called the federal student loans department to see if this was legit and they said they couldn't deal with me since ERS was handed the case... Does any of this make sense and should I trust ERS?
  17. ERS contacted me and offered to put me on a loan rehabilitation program. They said I would need to pay $800 upfront and then I would have monthly payments of $249. After 6 months of perfect payments, I would have the defaulted student loan removed from my credit and it would show in good standing. They said I would be eligible for federal financial aid again after 6 (or 9) months (i can recall). They wanted my credit card information for my checking account. I set up a checking account at another bank that would be used for this purpose alone... My question is... is it ok to give him the debit card information? Does he really need the $800 down payment? Will everything he promised come true? I asked for something in writing and they just gave me a generic letter.... he said I could talk to his supervisor if need be... Should I record the phone conversation? I called the federal student loans and they said they couldn't deal with me since ERS was handed the case... Does any of this make sense and should I trust ERS?
  18. So SOL can't be used to dispute with the CRA to remove it from my report? Some collection agencies put a negative listing for old debts ($89 and $112) on my report that were from as far back as 2006 and 2007 respectively... SoL is 3 years. They claimed the account was opened in 2010 and 2011 on my credit report so it looks fresh. Even if I wanted to do a "pay in full" for "pay for delete" just to get rid of it? does this apply to just the OC or the OC and CA/JDB tradelines? PS... Thanks for the help!
  19. Quick Question... I am trying to clean up my credit and wanted to know if I send a DV letter to the CRA's first or the CAs/JDBs first... or both at the same time? I intend to do a PIF for PFD agreement. Thanks Also: Maryland SoL is 3 years... my 30 days late on all of these neg lines are Jun '09.... does that mean I can petition SoL? If I do... will that remove the negative tradeline or will it still be on my credit report for 7 years?
  20. UPDATE: Thank you all very much for your help... I went to the court date and it was continued at a later date in March. I went to the March date and requested contractual arbritration with the information provided by you all in this thread (THANKS SO MUCH!) and the Capital One attorneys requested a continuance since they needed to review whether the 2008 agreement still held... Last week I went to the court date (the continued one from march) and a new attorney (representing the same firm) was there. Prior to the case he asked what I would like to do and I told him I would still purse arbitration but had a secondary offer... I would be willing to pay the disputed amount in full provided they removed the account from all the credit reporting agencies. He said that sounded fair but could not speak for capital one and thus would need to talk to them. He requested another continuance to confir with capital one. Yesterday, a paralegal from the law firm called me and wanted to record the call... I said ok as long as he would allow me to record our conversation as well for my records. He declined and said it was against partner policy... I informed him that without allowing me to record the call the conversation could not continue and he said "ok then.. goodbye". What should I do next? I am willing to do a PIF for pay for delete but they won't even talk to me on the phone if i'm recording the conversation... Should I just say screw it and pursue JAMS? I tried calling capital one but they said they couldn't deal with me since it was referred to the attorneys office and that I had to go through them.. Any help is much appreciated.
  21. I have received great help in this forum regarding a lawsuit Cap1 brought on me by surprise and thought I might ask for your assistance once again. I have read quite a bit regarding "pay for delete" on this site but one question still lingers.... I have an HSBC account that is negative CHARGED OFF and a CA also reporting this in collections.... if I wanted to offer a "Pay for Delete" Settlement to both negative tradelines... who do I contact? The CA or the OC?
  22. I called the court and spoke to someone who pulled my file, explained the situation to them and asked them both questions... it appeared that they didn't even know what they were talking about... kept saying "ummm like... i guess you can...", "MTC Arbitration... is that a civil suit? ummm i guess you can file a motion... umm" Gah... is there someone higher up that I should be asking for who would know this?
  23. Yes Please! Yes Please! How do I do this? Where do I mail/send (Courts? Lawyers? Cap One?) Does it require notarization? Certified mail I assume? not sure... how do I find out? I appreciate everyone's advice and help! So Arbitration is the way to go? If I do and they give up... does that just stop them from pursuing legal action or does that also clear up the credit issue?
  24. Thanks so much for everyone's advice!! I went into court and tried to get paperwork and file an intent to defend before the case but there wasn't time! The made us wait outside the courthouse until 8:15am and once I made it through security it was 8:25am (my case was scheduled to be heard in the courtroom at 8:30am). So I went to the courtroom and apparently the judge didn't show.... they stated that everyone should turn in the intent to defend forms if they haven't already and court date would be rescheduled. I talked to the clerk and stated that I never was served and didn't have any documentation and she handed me a generic intent to defend form and also made copies of everything submitted by the plaintiff that was in my file. For my Intent to defend, I wrote: "I do not recognize an account with this amount and I would like to review documentation and my rights in this case. I was also not served via Sheriff, Private Process, Certified Mail, or Constable." (Is this ok?) They supplied: 1) an Interest worksheet 2) affidavit 3) copy of credit one bills (Nov. 2008 - Nov. 2009) where no charges were made but each month had charges of Past Due fee ($39), Payment Protection ($3.24), and Overlimit fee ($19). There were also payments shown posted on 11/08, 12/08, 1/09, 03/09, and 05/09. 4) copy of credit one bills from June 12, 2010 - June 11, 2011 where only fiance charges are shown as being charged (no late fees, overdrafts, etc) Aside from waiting for the next court date to be sent.... what is my next step?? Thanks again for your help!
  25. I'm pretty freaked out... About a month ago I received a letter in the mail from some law firm glazed through it noticing it said something along the lines that they wanted to defend me in court. I thought it was just some spam/scam and threw it out. Then a couple weeks later, I received another letter from another defense attorney and although I was curious I was in a rush and just filed the letter in my junk mail pile to look at later. This morning I decided to do some cleaning and found the pile and the letter... as I read it I noticed it kind of looked official citing case numbers and such. So I went to Maryland's court website where you can type in your last name and look for court dates, warrants, etc... low and behold I see my name there and when I clicked it for more details I FOUND OUT CAP ONE IS SUING ME AND MY COURT DATE IS TOMORROW AT 8:30AM!!! It also mentioned in the records that I was served, received multiple notices... NONE OF WHICH EVER HAPPENED!!! Had I not been decided to go through that junk mail pile I would never have seen this and would have been a NO SHOW! How could this be legal??? It shows that I have a $750 bill Cap One is Suing me for and I think I had that card in 2008/2009 but don't remember having it after (charged off in 2010?)... I never had above a $300 limit so how did it get so high? What are my options? I've never been to court before so what do I do? What do I say? Any help would be much appreciated!! I'm so lost, confused, and I was having a great holiday until this
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