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Found 140 results

  1. Yesterday I got into an accident, and based on my description over the phone, my insurance agent (GEICO) told me that there is a high possibility of total loss. However, I won't be sure until a GEICO inspector takes a look at it. The accident took place on 12/22, so I won't get any news until after the Christmas holiday weekend. (Monday would be 12/28) I'm currently over a month (but less than two) late on my car payment. When I called my loan company to tell them what had happened, they told me that my car was currently in "collections/repo status" and that my car insurance may deny my claim based on this fact, so I need to make my payment asap. Does anyone know how much of what my loan company is telling me is true? Could they just want the money as soon as possible because the insurance process takes too long? I understand that if I am upside down on the loan, I'm still on the hook for the remaining balance, but, again, I wouldn't know if that is the case for sure until after the inspection. Bottom line: am I really in "collections/repo" status if I am still making payments to my loan company and not a collections agency? And if I am in that status, is it true that GEICO may deny my claim due to it? I'd like to save this money for the holidays (and possibly a new car), if the insurance can take care of it instead of me.
  2. I got a notice that RPM has posted an open collection from AT&T. I settled with Southwest Credit System for a 55% settlement that would close the account in full. I've got all documentation, and recorded phone calls. RPM has been provided with the information, I've disputed with the credit bureau's. Is there anything further I can do? I'm frustrated that my attorney does not handle consumer protection law, he told me to look for a specialist in that area... Any advice on what else I can do?
  3. I've read a few but not sure if I can use those. Can anyone help? It was filed in July but just got served today and have 14 days to respond. I can send what I have received if needed. Basically the account was opened in February 2013, payments stopped in April 2014. Total amount owed is $3,834.95.
  4. Hello all! Newbie here.. Trying to get the score up, currently about 600or so. I have three collection accounts on there. Tried to dispute, came back verified and all ok (as in they belong to me). Contacted Portfolio with a Pay IN FULL for delete, they said they do not delete. Tried to email a higher up, no response yet. I guess my question is this... How many points will a score increase with a Paid in full VS a Settlement? I have the $ to pay them off, but want them removed from my credit report so my score increases. I was looking around and thinking that in the long run, a Paid in Full would look batter to future creditors vs a settlement. Thoughts, advice? Thank you all so much in advance
  5. Hi everyone, I sure hope that I'm posting this in the right place. I had some questions about credit reports, collections, and closed accounts. So here's the thing: Before my wife and I met, she had a car loan and then lost her job. The car was repossessed and then sold at an auction. The company wanted her to pay the difference between her loan and what the car was sold for. She still did not have work so it didn't go over well. Eventually she stopped receiving bills and contact of any kind. I'm trying to figure out what the statute of limitation for collections is (in NV it appears to be 6 years). From what I have read, after the statute of limitations, a collector can't sue you to collect on a debt? When does the limitations start, according to what's on the credit report? Is it the date the original account was closed? Also, if the company does try to go after her and take things away in order to collect, the can't take our current car that has both of our names on it, can they? What are the odds that they will try to collect before the limitation runs out (by suing)? We have not heard from them since 2010. Please help. I'm concerned and have no idea what to do here. If you need any additional info, please ask.
  6. Does anyone know if PRA will take a Settlement but mark as Paid in Full? advice, Experience?
  7. I was called the other day by a supposed private investigator named Christopher Marlynn who said he had papers to serve me for a defaulted pay day loan from 2012. This could be true but at the beginning of this year I paid off everything that was on my credit report minus my school loans. But anyways he called first saying he was an investigator with the Sheriffs department and that he had papers to serve me regarding money I owed on a payday loan. I told him I didn't know what he was talking about because I paid everything off the beginning of this year and he said so your denying this? I told him that if I owe money I owe it so he instead gave me a number for the law firm that was handling the case because he said it was only over a couple of hundred dollars and he had bigger fish to fry and he would give me until the next day to handle it with them or he would serve me at my residence. So I called a company that was called First Financial Group. Which I thought was weird because that didn't sound like a title of a law firm but instead for a bank or collections agency maybe. So I called and it was answered by a man named david allen. He was the supposed attorney. He told me that I owed money for taking out a payday loan with some California Advance location on Westminster blvd in 2012. I told him I don't remember doing that but I could of. He told me that he was being used by the collections agency because I told him I refused to pay which is not true anytime I have a collections agency call I ask them to send me something in the mail or email me regarding what it is about but would not pay until I receive it. I had someone call me 3 weeks prior from a collections agency before this happened. So he told me though because he had already been hired and the company paid him $500 already to take care of this the bill was $856.00 but he would refund them $250 because we wouldn't go to court and said I only had to pay $536.31 if I settled with him. I told him let me think about it. I then tried to call back the investigator and it went to dispatch for the Stanton sheriffs department and I asked to speak to investigator Marlynn and they said there was no one there named that and I told them the just of what happened and they told me it was a scam. So I left it alone until the next day and called the investigation dept for the Stanton Sheriffs dept and spoke to a lady named susan and she had no idea who that investigator was and said it was a scam. She took down my info and told me she would check into everything for me. So I then called the company first financial group back and david allen then answered and I don't know what attorney answers his own office phone but I told him what I was told that it was a scam and he then freaked out on the phone saying it is not a scam investigator marlynn is a PI and must know people at the sheriffs dept and I told him that I doubt the sheriffs dept would allow anyone to call from there number. I ended up handing up on him later on because he was just yelling and babbling on. I then got a call from an unknown number and checked the voicemail at 1030 am, which was the PI stating he was at my residence with another PI but mumbled his name and no one answered and I needed to stop this willful evasion and I would see him again.I called my sister who was at home and asked if anyone came by and she said no. I then called back the supposed lawyer group and told him he needed to stop this at is has been reported to the sheriffs dept he then came back and said do you think im scared of any law enforcement, give me her number and I will call them right now then when I told him I needed his business location he went on to verbally harass me with "I cant wait to sue you because your a good for nothing on the community and I hope your glad to be such a piece of ****. And I hope you speak this was to investigator Marlynn and just see what happens to you." I then asked him was that a threat? He told me "no I was just saying in general." I told him I don't think any real lawyer would say that to anyone especially over $300 and he told me that he told investigator Marlynn to make it his personal vendetta to find me. I told him im at work so I will be home after 5pm and if he doesn't find me then to send it certified mail because I have no reason not to pay something I owe. He then went on to say that if I deny to pay it becomes a criminal offense of check fraud. but I could of swore that every California pay day loan place I have ever been into has a sticker in there window that states they cannot take you to court over a defaulted payday loan. No one has shown up at my residence to serve me and it has been a few days. I told the investigator at the sheriffs dept and she said that she had called them supposed lawyers number and asked what kind of company they were and he did not answer her just kept on giving here the run around she told me and another colleage agreed it was a scam. I looked up all over the internet for this company and cannot find any lawyers group call First Financial Group or private investigator Christopher Marlynn. Should I just chalk this up to a scam? Please let me know
  8. I'm trying to clean up my credit, I have 4 open collections. All together they add up to only around $2100 and I had planned on just paying them off over the next 6 months in full. but recently my score via credit karma took an unexpected plunge by -75 points it says it was do to the 2 oldest of the collections changing the "last reported" or "date updated" date to 28 august 2015. Both these collections are currently owned by Transworld systems. In a panic I began searching the web for answers on whether this was legal and what I could do to possible fix my credit in a hurry. In the process I learned that paying off these collections like I had planned was probably actually the worse thing I could have done for my credit. I'm looking into other more favorable options. My questions is should I attempt the validation letters I have been hearing about or should I jump straight to a pay for delete attempt? is it to late for a validation letter to help me? Also, all collections are past their SOL but not the 7 year fall off. The collection agencies are not attempting to contact me as of yet just reporting on my credit.
  9. Hello. I have an old debt with Kay Jewelers (credit card account). November 2014 was contacted about debt (and not knowing what I know now) paid the debt and thought it was over. Never received any confirmation of the debt or that I paid it. The only proof is the amount on my back statement. Fast forward to August, I begin receiving calls about the debt mentioned above from a company called RW Financial. They state that they own the debt and that I must pay, or they will take me to court for the amount. I began by calling Kay and following the companies that bought the debt till I learned that this debt has passed the statute of limitations and that the clock started 7/9/11. How do I get rid of this company and avoid going to court? I would like them to stop harassing me. I found this letter in the information on this site and wondered if it would help to send to RW Financial. "Date Your Name Your Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt. According to the information given to us by your firm, the date of last activity by the original creditor was (date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute: [15 USC 1692e] (2) The false representation of -- (A) the legal status of the alleged debt and ( any services rendered or compensation that may be lawfully received by any debt collector for the collection of a debt. I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and, therefore, you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA, I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. Sincerely, Your Signature" Thanks for all of your help.
  10. Hello to the best forum on the planet! I was referred here by a friend and have been reading the awesome stories and advice given here. Tho I feel completely overwhelmed I have a glimmer of hope if I can get my head around all this stuff! I am taking this in chunks as it's the only way I can digest it all. Below are my answers to Racecar's questions. I have just a couple of questions for my first steps. I do believe I can file a General Denial (thanks AST Medic for that awesome thread)..but want to make sure my complaint is not verified. There is the first page of the summons; the complaint; exhibit; civil case coversheet (6 pages) with a signature by attny for Declaration of Assignment; and another signature on one of the civil case cover sheets that has Limited checked. Am I good with General Denial PLD-050? Should I have affirmative defenses? I don't have the good SOL to use but should I use Lack of Standing? I'm getting different views on that as I read this forum. Also I know the POS rules say a relative that's not involved in the case can sign, but want to make sure a spouse can sign. I'm just being crazy nuts on details sorry. Ok..hoping someone out there will read this…thanks in I go. Oh, and what is anyone's experience with Calvary/Winn Law Grp? 1. Who is the named plaintiff in the suit? Calvery SPV I, LLC (edit * I originally thought this was the 6th JDB but the past correspondences were from 5 different collection agencies of the OC, so I guess Calvary is the first JDB) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law Grp 3. How much are you being sued for? Just under $5,000 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Left Summons on Porch 7. Was the service legal as required by your state? Not sure but hear this is how it happens alot...not worth fighting 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? California, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 2011 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served..have 30 days to answer 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days to respond; 1.Account Stated (in the body of the cause of action it says “account stated in writing) 2. Money Lent (on the bottom if the pages it says “Complaint for Common Counts” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ 1 credit card statement w/ 2 small transactions and a payment..that’s it
  11. Collection Agency sends letter on small debt but corporation dissolved. The bank account was closed and the corporation was dissolved even before the account was in collection . I am not sure why they show the old corporation and not the new one that the account was under. Its a smaller debt under $350 The sol will run out beginning of 2016 I am more concerned with them reporting it on CR I sent the validation and they responded with statements from the OC but statements covering one year. I doubt they would sue but may report to CA- not sure Should I make an issue of this corporation no longer being in existence- If I can still find a statement with the other corp name what should I do with that?
  12. I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010). Montana (Where I opened the card): 5 years North Carolina (Where I currently live): 3 years Nebraska (Location of the original Creditor): 4 years What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)? Which state holds the SOL? If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt? Should I send a validation letter? Thanks in advance!
  13. Does anyone have first-hand experience with MA DV requests? I've tried searching this forum but can't come up with concrete discussion. MA debt validation requirements are stricter than the federal one. Under FDCPA they can send any old printout for DV request and be satisfied with it. What are they REQUIRED to send under MA debt validation? And what can be done if that is not satisfied?
  14. Is there any reliable data out there on how many collections cases are filed per year in California?
  15. Hello! I am trying to rebuild my credit, with a score of 626 and only one active CC and another not in use but paid off. I've had this account in collections since 2009, began as $800 amount from Bank Of America (bought from Santander). Since 2011 I have not made payments to the account and it has changed collection agency multiple times and increased to $1080. I have not had any contact with the current agency in over three years and when I check my report the date of the account being "opened" has now changed to 2013. My question is: is there a statue of limitations on collection agencies collecting money in RHODE ISLAND and if this changing date is normal? It keeps showing up in my CR, I noticed last summer it showed up from two separate collection agencies at one point. Any help + advice is greatly appreciated!
  16. I am at impasse with a debt collector reporting on my credit report as the current owners of an alleged old second mortgage debt. A few years ago the last supposed owner of this alleged debt was unable to validate it so it came off of the credit report. This was prior to my becoming a citizen of Texas. Green Tree now pops up claiming to own the debt on my credit report and it looks like they have been reporting it since March of this year. Before educating myself with TFC 392, I requested validation through the credit bureau website thinking there was no way they could validate it because the last guy wasn't able to but they did. How is this possible? if they did in fact purchase the right to collect on this alleged debt, they should not have been able to verify because the documentation required for that doesn't exist. On top of that, they never sent anything to me showing that they were the new owners of the alleged debt. So how do I get rid of these guys? Good news is the alleged debt is SOL. My initial thinking was to try to use portions of TFC 392 and demand that they remove all trade lines within 5 days because they were lying by verifying the debt to begin with but I wasn't sure I could because I did not invoke TFC 392 in my request for verification with the credit bureau. I was also going to threaten to file a claim against their bond, send a complaint to the FTC, BBB, AG and CFPB. They've already gone through so much litigation with the FTC, you would think they would clean up their act. Any advice on how I should handle this? Thank you for your help, guys!
  17. This afternoon, outta the blue, I received a voicemail on my cellphone from an unknown collection agency for my DH. The message stated he missed a telephonic deposition and that further action would not be prevented by not contacting them, etc. They left an 800 number along with a reference number. Called DH and he had no idea what it could be. We conference called them back and gave the reference number. A woman got on the phone and was immediately nasty and combative. She verified his SSN and then said that he owed CitiFinancial and it was last paid in 2009. She went on to say it was purchased by them and the SOL was 12/2016. She finished by saying "we" could handle it one of two ways. Pay or be sued. My husband, sort of dazed and confused, said it wasn't his. I began to ask for more information and was hung up on. We continued to talk and my line was interrupted so I answered. It was the woman again. She says the debt is my husband's, he knows it and he's gonna pay and hangs up again. Needless to say, I'm now furious. However, I calm down, wait an hour before I call back to find the name of the company and speak to a manager. When I call, I ask for the name of the company. It's the same woman. I ask to speak to a manager. She says, " Your husband needs to grow a pair and stop hiding behind your dress." Excuse me? She replies, did I studder? And hangs up. I attempted with no success to do a reverse number look up. I would like to find out the name of the company (855-856-3778), whether there's any recourse for personal attack and more importantly, information to determine if it's possible the account is his. We have not received ANY communication regarding this matter prior to today and it's not showing on his CR. We live in GA. I apologize for the lengthy message but I really could use some advice on the best way to handle this.
  18. I am a Canadian citizen, but I lived in the United States for many years as a permanent resident. In 2001 I was going to school and had a student loan. I did not graduate for reasons that don't matter. I continued to pay on my student loan. In 2011 I moved back to Canada and was able to put my student loan in forebarence a couple times. I then had some financial difficulties and my student loan has gone to collections (Pioneer Credit Recovery). This week they tracked my down at work. They also faxed a form to my employer to verify employment which was intercepted by my Administrative Assistant so I actually have the fax and then they called my cell phone today. I am really starting to panic because I don't know how far their reach is when the debt is in the United States and you live and are a citizen of Canada. It is not that I don't want to pay my debt, but I need to get a handle on my finances. With the exchange rate the payment can be very daunting. I appreciate any advice anyone can offer.
  19. I've been reading the forum for at least an hour to ensure I didn't waste anyone's time. I did see a couple threads relating to this issue, but not enough specifics guidance. I have three credit card collections that I settled 6 months ago with the CA so I could buy a house. For years now both the OC and CA have been reporting TLs to all three CRAs against the same debt. As expected, the OC is reporting charge off and the CA is reporting collection account, paid. I hate this kind of double-dip reporting on the same debt, but I guess that's how it works... So here's what I have: Chase Credit Card = Charge-off Chase Credit Card = Charge-off Citibank Credit Card = Charge-off Midland Credit Mgmt (Chase) = Paid Collection Midland Credit Mgmt (Chase) = Paid Collection Midland Credit Mgmt (Citibank) = Paid Collection I know from research on this forum that sending DV letters at this point will do no good since no one is trying to collect from me any more. But I want to do SOMETHING. So is there a good cadence I can keep up and maybe get lucky? Written CRA dispute, followed by written CA dispute, followed by written goodwill request (hah!), followed by threatening letter from my lawyer (even though I don't have a real threat), followed by what??? The only good news is that the statute of limitations is up in a little over a year on all these debts (they are OLD). Still I'd love to see some improvement before mid-2016... Thanks!!!
  20. Last year I was sued in California by the esteemed firm Patenaude & Felix for a National Collegiate student loan, 39K or so. I hired a firm last year for attorney-assisted defense, and they prepared my answer and discovery, etc. That is all long done and now trial is coming up in 46 days on April 25th. To save some $ I would like to do the rest of this myself if I can, so what now? I know the rules for unlimited civil cases are different from limited (under 25K) cases, so I want to make sure I'm proceeding correctly, or if I can even do this on my own. It seems P&F is all bark and no bite when it comes to trial and I am determined at the very least to stand my ground until the last minute! Thanks in advance.
  21. I have 2 medical collections ($259 and $104). I sent a DV and C&D. I have also disputed with the CRA's. After doing this, I also noticed that next to where it has the original creditor (which was a medical lab), it says in parenthesis 'retail'. This is not a retail account so I'm wondering if it's being reported as one (as opposed to medical, which apparently doesn't impact score as much) If they don't delete with my previous 'not mine' dispute, should I do another dispute since it's says it's retail? The good thing is that it's only on TU so it's not too bad, but I want it gone!!
  22. I've been living in Florida for 8 years now. I've built my credit up to just under a 700 score. Not great, but I've made a lot of progress. About 2 years ago I started getting really proactive about it to the point that I check my credit report at least every other week, and there have been no judgements or collections on my credit report in that time. Today (2015) I got paperwork in the mail from my bank stating that $4,652 from my savings account was put on hold by an attorney because of a judgement that was filed against me in New York in 2005. This included (from what I understand) 10 years worth of interest. I had my Mom go to the courthouse in New York to obtain a copy of my file and she was able to verify that the judgement from back then was legitimate. So they are collecting on it from me now, 10 years later, and several years after the judgement has already come off of my credit report. If I owe it, I owe it. It's going to really hurt me financially, but it is what it is. I just don't want it to harm my current good credit. So my question is; when this is all said and done and the attorney finalizes getting the money from me, will this somehow pop back up negatively on my credit report? Or because the judgement has already come off of my credit report years ago, he just collects the money from me and that's the end of it?
  23. In January of 2013 I had a bill that needed to be paid and I thought I had taken care of it. I hadn't received any more notices after giving them full payment so I went on with my life. Now it is February of 2015 and I just received a notice in the mail from a collection agency saying that I had never paid this debt. WHAT!!! I was so infuriated when I called this company because I DID pay this debt. The lady told me that they had sent the debt to them in October of last year. I am in the process of sending them a request for debt validation and also a dispute for this debt. My question is, what are the legal time frames of both the hospital and the collection agency? I just don't feel like any of this is right. 1. The debt was paid when I got the bill. 2. They waited almost 2 years to send it to collections. and 3. It was sent to this agency in October and I never received a phone call or a letter stating I was in collections until February. Any and all help is much appreciated. I just want to know if anything illegal happened while I'm in the process of disputing this debt.
  24. A family member of mine who is 55 years old just received an, "account statement" from University Accounting Services, LLC in WI listing a loan amount for $500, and requesting more than twice that, showing a current billing period of 90 days, and 3% interest. It was odd, since she does not recall the loan, and was only in "college" at age 19 for one semester, then dropped out (preggers). And she never went back. Subsequently, she lived in the same apartment (IL) for over 20 years...and has lived in her current home for about 6. This is the first time she ever received anything regarding this apparent student loan in over 35 years! We can't tell if it was federally backed loan, or not. Can't really tell if it's even real debt. She certainly has no idea. But, the company mentioned above is not contracted with the government as one of their known collection agencies, (though they are a subsidiary of Transworld, apparently, so...), so we are assuming it was a private loan, or through the private college, and therefore the Illinois SOL of 10 years would apply. Funny thing is, this was merely an account statement. It did not imply or otherwise state that they are a collection agency, nor did they imply that the loan was in default. It was simply a bill that literally looked like this loan had happened a few months ago. It did not mention a date of original loan, or any date whatsoever, except the current statement date. So, where to go with this one? I was thinking of sending a DV letter, but this (collection agency in sheep's clothing) did not intimate that it was an attempt to collect an old debt. If it's just an invoice, then presumably they will keep sending them month after month. Since there was no lingo at all about having 30 days to dispute, do we send a DV letter? If we don't, then do we lose rights to dispute? Anyone dealt with UAS before? Talk about blast from the past...bizarre! Any suggestions, thoughts or ideas? THANKS!