rambler

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rambler last won the day on March 14 2012

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About rambler

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  1. If you want to get technical it is illegal for them to remove an inquiry. FCRA states they have to tell you of all inquiries on your credit. If they remove it, how can they tell you? Now that being said that leaves two ways to attack inquries. I have had several removed, but found TU is the least responsive. They did go along to some degree with method 2 though. Method 1 - dispute them. If you didn't do it, don't know who the people are, don't recall making a request, don't recall giving permission etc dispute it. This will at times get rid of some at least. If you opened a new chase card six months ago though, it may be a hard seel to remove the chase inquiry if you get my drift. Method 2 - After method one fails, write them back. This time state that you know they cannot remove the inquiry because of the FCRA and the requirements to notifiy you of people pulling your credit. State that the FCRA also states for which purposes a company can pull credit reports and the rules over how and why. Request that since they CANNOT remove and this was pulled for a reason other than you giving express consent for a company to do so, then it must be changed in it's status so that it appears only to you and not to any who view your report. Got 3 or 4 more knocked off TU with that letter.
  2. Not sure about the authorized user thing, but I have heard it helps and older is better IF (and it['s a big if) they always kept it paid on time. A few lates here and there and you might as well pass. Unless it happens to be a 10k or higher limit with less than 1000 on the card at any given time. The usage is down, so it might balance a few lates if over a year old. Frequent or current lates, forget it though. for the CA's dispute. Dispute to the CA, the CRA, anybody that will listen. If it remains, send a letter to them. Deny everything, but offer a settlement / pay for delete. Some will bite on this to get any $. Get it in writing that if you pay, they stop reporting, then pay them. Some will do this NP, others are more hard headed. If you can't get any other card and can pull together a few hundred bucks get a Cap 1 secured card. Buy a pack of gum. Pay it off. Buy a snickers. Pay it off. Each month, buy like 1 small item and pay it off. Or if you are 100% certain you can handle it and do it, use the card to buy groceries or something like that. I normally put 200-300 on mine a month but pay it off before the due date, sometimes 2-3 times a month I pay it off. At times I leave 25-50 bucks on the card until the day after the reporting cycle (when i see cap 1 reported the new balance) and then pay it off. Main thing to remember here though...PAY IT OFF. Don't build up a balance at all. Never leave more than 25% of you limit on the card through a due date and the lower the better. Do these type things and you may be able to move up your timeline.
  3. Unless you are wanting to raise your score overnight for some purpose, I say don't mess with anything about to drop off. If you pay a collection account that is almost 7 years old your date of last payment/sctivity/whatever you want to call it becomes today. This (even paying it off) can be a big negative hit on your score because you now have a current negative account instead of one 7 years old. Send them a letter and ask for a pay for delete or something along those lines if you want to pay it off without a negative hit on your credit. Any others that have time left on there, I would again start with offering pay for deletes if the information is correct. If it is not, dispute. Often times collection accounts (small ones) will drop as soon as you dispute them.
  4. Bruno, Shot that letter off already BUT I know they will not correct it because as they state over and over that the furnishers are verifying the information as correct. Also long as the OC in one case and the DC in the other continue to say "Oh that? Yeah he owes that much" they won't seem to budge. DC has recently dropped the amount they claim I owe almost in half, but still saying 2000+.
  5. rambler

    Just wondering

    Well, I know everything can change in a heartbeat and they can always come back and hit me with it right before closing, but I got pre-approved for a mortgage this week. Been fighting with my credit crap for a year now for this moment. Not done, but at least cleared that hurdle.
  6. So one of the big three CRA's offers me some $ to basically STFU. They deny responsibility but offer to pay me anyway, could this be my "ace in the hole" if I take them to court? Basically I told them I wanted $XXXX.XX for this and that violations as well as accounts x and y to be deleted for being all sorts of wrong. They came back at me offering me the $ but want me to sign an agreement and inside the agreement is a clause that says I certify the credit report is correct. If it was correct I wouldn't be going through all this crap. Hell no I won't sign it. But I am wondering if this will be a good tool to use against them? I know they deny everything...but paying to shut somebody up...doesn't that at least make them look guilty?
  7. rambler

    Just wondering

    I am knocking on the door of getting my scores in the range to get a pre-approval from the VA lenders I have been looking at. My main concern though is will I be able to get the loan with the scores if I have outstanding unpaid items on my credit report? I should have everything cleared up next month with one exception which is reporting to all 3 CRAs. There is no way I can pay this off anytime soon even if I wanted to. They are claiming over 12k on a charged off account. Now, besides not being able to pay them off, I wouldn't if I could. Bunch of crooks, but that is another story. On the up side, being here in TX all they could do if they were to get a judgment would be to put a lein on the house for when I sale it, but the debt occured while I was living in another state for goods in that state and the SOL for that state has run it's course so really they can't even sue me. Worst case I will have that 1 item on EQ, 2 on TU, and 3 on Experian that would be unpaid (although like I said I should be able to take care of all of them except the biggie next month). Just curious on my chances of getting the loan for a house soon. I am SOOOOO sick of renting
  8. Secured cards don't help credit? Funny, as soon as I was approved for mine and it was reported I got a score jump. Now, just as with any other CC if I run it up score goes down. Pay it off score goes up. Pay most of it off but leave a small balance and get the biggest boost. And cap one does not report it as a secured card, just as a CC.
  9. Maybe I misunderstanding, but yes Coltfan is correct as usual you can sue for other violations if they commited them. I just don't think you would be able to use anything regarding it being time barred in your case.
  10. Concur. The only way they would have any recourse is IF the kid continues to abide by the contract on their own free will and then when they are 18 ...damnit can't think of the word for it, but basically at 18 they can say they accept the contract as is and it is vaild from then on. Otherwise it's not enforceable in any way.
  11. Now, you can always attempt to argue anything in court but from what I have gathered so far in my dealings with creditors and multiple moves all around the world due to military service is basically this (but there are exceptions to every rule, except the rule that there are exceptions to every rule) If you are stationed in SC, on base or off base doesn't matter and you buy a car from a dealer in SC and get financing through them and then defualt on that loan the laws of SC would apply. About the ONLY way i can see different is if you default on the loan, then move to another state. While in the new state you make it known to the company where you are now residing, you could use debtor protection laws in that state IF they somehow violated those. As far as SOL and general law though you would have a hard time convincing anyone that any state other than SC has more interest int he case and should have jurisdiction and choice of law over the case. The property was purchased in SC, contract entered into in SC, it resided in SC, and defaulted there. No other state has any real interest. Now, under the Soldiers and Sailors if you had bought it in Ohio and defaulted in boot camp...then yeah you have protection there...or if you get deployed. Not much other help there. Now that being said, if you can get a judge to agree that although the contract was entered into in SC that say Ohio has more interest...such as the vehicle resided in, was registered in, and taxes paid on it in Ohio you could have a case of Ohio law over SC. Clear as mud yet? If not, I can go into detail about my vehicle account and all the various back and forths on it and choice of law / jurisdiction lol
  12. All debt related cases are civil court. JP, district, county, state, federal, whatever you want to call it, it's all civil. Just different levels of it. So they had a judgment against you and were garnshing and then you got them to settle? If you showed up in court and fought this, but did not bring up the fact it was a time barred case I don't think you have any legal grounds at all. Now IF they got a default judgment because you were never properly served, you would have a case, BUT you would have to prove both that you weren't served and it was time barred. ANd BV80, that is odd. The wording for filing time barrred suits should be in the FDCPA, but maybe the assumed since it is a defense in and of itself and a casue of action for a counter suit maybe they left it out? Dunno
  13. If it was outside the SOL how did you not get it tossed in the first place and settle instead? I could be wrong, but as soon as you acknowledge the case without bringing up the defense that it is a time barred action, then you are now subject to the action and the SOL is no longer a factor and you cannot use it later against them. Bringing up that defense should have been the 1st step, 2nd would be counter-suit for filing a time barred action.
  14. Without going into to much detail the reason I am considering such an action is simply trying to bait them. The alleged debt is a considerable amount, but fortunately I have good grounds to argue it is out of SOL in N. Carolina where the debt was incurred, which is also the state where the company is located and where I was living at the time. Now, it is my understanding under NC law a company may not attempt to collect a debt outside of the SOL. If they are able to use my current state SOL, well then I have a defense against them where they violated state law in a way that can and is used in defense of these types of cases. I just didn't know of this law until the SOL for me to file on them for it had passed. I have not gotten a phone call from these people since 2009 when the account first went delinquent. I have not received mail from them, except in response to my letters since 2010. The poke in the eye for me though is they are reporting this C/O monthly on my reports so it looks very bad when I am attempting to get a mortage. I do have them on a few minor FCRA violations, but not much really and to be honest I am not 100% sure I want to undertake the filing myself because of my lack of knowledge with the system. I would feel much more comfortable on the defensive IF they were to take action against me. And so far I have had no luck finding a lawyer to take this case (and others). Well, I have found many but could not afford the retainer they want.
  15. I pay for a service, but it's for the reports, not the scores. Scor just comes with it. For a year now I have been able to obtain free reports from 1 CRA on pretty much a daily basis, another on a semi regular basis. The other was more difficult so I pay for their service to have unlimited access to my report. As for the scores, yes there are tons of scoring models, but when I was recently trying to get pre-qualified for a VA mortage, they pulled the scores from each of the 3 CRAs and at least with a lot of VA lenders, they use the median score, not a consolidated FICO score. The scores they gave me from that pull match the service I use, the Karma site for that 1 score, and the last time I had gotten a score from the other. I was able to get these three things dropped and paid them the 1 time fee for my score to see how close I was. As of yesterday I am 1 point shy of getting pre-qualified for my loan. 1 stinking point.