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Found 134 results

  1. I’m trying to find out what rights or recourse a consumer has when a debt collector fails to comply with the section of the Fair Debt Collection Practices Act (FDCPA) that involves US Code Section 1692g. This is the section that requires particular language in the initial collection notice to advise consumers of their right to dispute a debt within 30-days and receive verification of the debt. I recently received a letter from a collection agency that fails to include any language involving my right to dispute the debt. The letter does reflect the name of the original creditor and the amount they claim is owed. According to the FDCPA, 1692g, a debt collector’s initial notice must include language to let a consumer know about their right to dispute the validity of the debt, or any portion thereof, within 30-days from the date the notice was received. They must also include a statement indicating what steps they will take if the consumer disputes the debt within this time period. The collection letter I received states they are withholding further collection efforts for ten-days to allow sufficient time for payment arrangements to be made. If satisfactory arrangements are not made within this time, they said they will consider filing suit against me. There is no mention of my right to dispute the debt whatsoever. They are also asking me to call them to avoid additional expenses (attorneys fees, court costs, etc.) I've found a lot of information about debt collectors' responsibilities under 1692g. I just haven't been able to find anything about what can/will happen to a debt collector if they do not comply with this section. Should I go ahead and respond with a traditional dispute letter with a demand for verification of the debt within the allotted 30-days? I'm a little hesitant in case I do have some recourse and should play my hand a different way. If anyone is familiar with this, I'd be grateful for your input. Thank you!
  2. Hi there! I've been lurking but I keep getting conflicting information /: I'm also fairly young (21) so I think a lot of it is flying over my head. I found this on creditkarma today, and it shows up on all three of my CRs as of today: PAUL MICHAEL MARKETING SHIEL MEDICAL LABS Oct 20, 2015 Open $175 Account Details Last Reported Jan 22, 2016 Collection Agency PAUL MICHAEL MARKETING Original Creditor SHIEL MEDICAL LABS Status Open Opened Date Oct 20, 2015 Closed Date -- Responsibility Individual Account. Balance $175 High Balance $175 Remarks Medical I opened a dispute with Transunion already under "I don't know what this is" because I'm unfamiliar with what this could be far and have received no letters or mail about it, and I wanted to open disputes with Equifax & Experian but neither site is letting me access my full CR and is asking for me to request a physical copy. I move around a lot so it's possible they're getting red flags from all my different addresses? Should I contact the collections agency or the original creditor for validation? I'm in NY so waiting out the SOL isn't a viable option. I could pay it but I've head paying doesn't remove it from the CR and to try and offer 20% + deletion, but I honestly have no knowledge of why this would be on my report at all. Any guidance would be amazing!
  3. I currently have 6 collections accounts on my report resulting from medical debt. I’m going through the pre-employment process at a big firm and the compliance department brought them up. They are asking me what I intend to do to resolve them. All of the accounts show open dates of either 8/2012 or 11/2012. I live in Florida, and I know the SOL is either 4 or 5 years. What are my options at this point? Any advice would be greatly appreciated.
  4. I am judgement proof ( no income beyond social security) and am being pursued in court by a junk debt buyer. I've considered calling them up and letting them know that taking me to court would end poorly for them. Should I?
  5. Recently I noticed a sharp drop in my CS (50 points) and all three CRAs showed a collection for 5900.00 by Cavalry Portfolio Services, with the OC being Citibank. It shows date of last payment as 2014, and in Minnesota I believe has a 6 year SOL. To date, I have not been contacted by Cavalry or any of their partners, that I know of. I have checked state court filings and a suit has not yet been filed. My question is: what is my first move? Should I send a DV? Should I file for arbitration? Or should I attempt a PFD? I have doubts on the amount, and believe the OC may have charged me interest and fees in violation of the SCRA when I was active duty. I have typed up a request for information/validation letter I found on the CFPB page, but after reading some posts hear, I did not send it.I am in the process of reading through these posts, this is the last derogatory on my history. Any information or assistance you could provide would be greatly appreciated. Thank you in advance for your assistance.
  6. I have a couple of accounts on my credit report which are reporting incorrect information. One of them, the apartment complex illegally evicted me and took possession of the apartment. I paid rent for that month and they took it, but still reported that I owed them over four thousand dollars; although they rented the apartment the next month. Which would have constitute that I did not owe them a cent. They keep the deposit and the rent I paid and still sent a incorrect balance to the collection agency. A year later, I contacted the property management company and they corrected the balance after finding out the property manager did not apply the rent I paid to my account, instead she put it in Miscellaneous payment received bucket. She also deliberately did not update the amount owed before she sent it to collections. The apartment was rented the next month, so that relieved me from the responsibility of the balance and I had already paid June rent and they took my deposit. However, she reported the full balance would be owed for the remainder of the lease. So it is clear, she deliberately violated the FCRA and I need to find out what my rights on this. What can I sue them for? The balance is still on my credit and I am getting ready to file for breach of contract, because it is too late for illegal eviction since this happened in June of 2013. Any suggestion on dealing with the collection agency also, who is reporting the false information. If they report inaccurate information, is that justifiable cause to delete, or do the Credit Bureaus just update and leave on there? What does the FCRA say about this? Any help I can get on this will be helpful. Thanks,
  7. Hello, thank you for reading my post. I'll try to be brief and I hope you can help me. I received a letter/bill from a collection agency in October. Two weeks later I got a letter/bill from the original creditor. I telephoned the OC and they said the bill had gone to collections on September 29th, but they started talking to me about making payment arrangements, so they seem to still "own" the debt. I am desperate to keep my credit report as clean as possible. I'll pay in full immediately if necessary. I don't know whom to pay, I don't know if it has hit my report yet etc. I'm afraid to delay further while I order credit reports, etc. Should I just offer to pay the OC in full? Do I need to try to negotiate a Pay for Delete? Also, this bill is for unpaid Medicare insurance premiums. I was wondering if that means it is a medical bill and won't count on my credit report as per new FICO rules...? I really appreciate the advice of anyone who answers. I'll be glad to clarify anything and anyone is welcome to send me a private message. Thanks so much again.
  8. I had a charge off from a credit union that went into collections. After the transfer of the debt, the credit union still kept reporting the balance owed. They actually farmed it out to two CAs who where both reporting the balance on my credit at the same time. The CU didn't report the balance as zero. So I kind of had a "triple jeopardy" situation. After I called the credit union they said they had taken the account from the 1st CA back in 2013 and sent it to the 2nd CA. They also took it from the 2nd CA in 2015 and brought it back in-house. But both CAs kept reporting I owed the same amount up until September 2016. I know the CU should have started reporting on my account with a zero balance after they transferred the account for collections. The CAs should have also stopped reporting on the account when they stopped collecting on it. My questions are: 1) Can I sue the CU for FDCPA violations (inaccurate reporting) for reporting a balance on my CR when they transferred my account to the CA? (My CR from 2014 and 2016 showed all three) 2) Can I sue the CAs for FDCPA violations for continuing to report on my CR for more than 1year after they let go of my account? Thanks for the input.
  9. I was just served a summons by Calvary SPV. I know I need to answer but there are many discrepancies in their complaint. They allege that they have previously made demand for payment which they have not. They state they have purchased an account from capital one. To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy) The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information. They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe. The complaint itself has no court date. But when I go to the court's website I see the following information with regards to a court date{02/01/2019 at 08:30 AM OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away? I am not sure if this is important or not but on the court website they have my middle name incorrect. My middle name starts with the same letter as the incorrect name they have on file with the court. On the complaint they just have my middle initial. Any assistance anyone can provide would be most appreciated
  10. I have filed disputes with all 3 CRA's, but they are coming back with different results for the same accounts. Some of the accounts are with same CA, yet the credit bureaus are saying validated for some, couldn't validate for others. The same ones that couldn't be validated with one bureau, are validated with another. So I'm wondering, how does this happen? They were all disputed as "not mine", because they are not mine. The same collection agency is validating some of the accounts with a bureau , not validating others with same bureau, and vice versa. So basically, it looks like the same CA is randomly validating different accounts with each bureau, and randomly not validating with each bureau. This make absolutely no sense, but then again, maybe the law allows this. It just seems like a game that is used to cause mass confusion. Then there is the issue of a credit/revolving account disputed with all 3 CRA's. TU deletes the account over 2 years ago, which I thought they had to notify the other 2 CRA's to delete, but I shouldn't have thought. So I have now disputed the account with EX and EQ. EX results were "validated" with no change. EX is still investigating, but after dispute was filed, I noticed they made changes to this account. They changed payments made on time and date of 1st delinquency. If the changes were a result of "validation", and there are no other changes on this account, it will be conflicting with info EX has for the account, and had conflicted prior to disputes. Experian is showing payments made on time from 11/11 - 2/12. Account open 11/1/2011. Equifax shows no payments on account, 1st delinquency is 12/11. Account open 11/9/2011. This account does not belong on my credit, and TU deleted 2 years ago, and I included the TU investigation summary with disputes for EQ and EX. Also, I disputed 21 accounts with Ex, and it took 4 days to investigate them all? Quite a few of the accounts were deleted, but the accounts they "validated", were the exact accounts that TU had deleted (they had a copy of TU results showing deletion). Coincidence? Out of 21 accounts disputed with EX, 6 remain as a result. 4 of the 6 were deleted by TU due to no validation. Sorry if this is all confusing, but I am quite confused myself. I don't know if /what rights under the FCRA have been violated. It almost seems like a game they play to discourage people from making them do their job. Also, because I am still in the 30 - 60 day window, should I send all 3 opt-out of arbitration letters? I found info on Equifax for this, but nothing for TU and EX. Thank you in advance for any input. Your time and knowledge I s greatly appreciated!
  11. For those who have been sued by Wells Fargo for credit collections, how will this event about Wells Fargo fraud in the news recently affect those who lost their lawsuits and those that are still going forward? How do those know their accounts were fraudulent when the bank said that you get free additional accounts when you open a checking or saving account and they used your ss# fraudulently and you did not realize it to open credit card? Can you even appeal your lost lawsuit? Would they have to supply a signed document by you to prove they opened the account in good faith?
  12. I have two old accounts in collections. They both fall off my report in 2018. I have sent each creditor a (hopeful) pay for delete letter, with no luck at all. I have accepted that these collections will remain on my account until 2018. Account #1 is $200 and Account #2 is $283. 1) Is it even worth it to pay off these debts, or should I just let them fall off in 2018? I know it won't boost my score at all, but I assume it looks better if I have no open collections. If I do pay them off to have them listed as "closed or paid" collections, I would like to settle these old debts for a portion of the cost (starting negotiations with 25% of each debt, willing to pay up to 50% if necessary. ) 3) What the best way to do this is? Do I call and negotiate a settlement with the creditor and then get the agreement in writing? Or do I send a letter with a proposed settlement amount and see if they respond? Or should I send a debt validation letter first? 4) If I call to try and negotiate and they refuse to take anything other than the full amount, because I have made contact, does this restart the 7 year process of the collections coming off of my account? 5) Is there any advice about getting these collections (once paid, ideally only partially, but worst-case paid in full) removed from my report at all, or since the pay for delete didn't work, am I stuck with these until 2018? 6)If I request a goodwill adjustment due to extenuating circumstances, am I able to negotiate that while only paying part of the original amount, or if I want to attempt to remove this collection entirely, should I anticipate paying the full amount owed. Thank you for any help, advice, or experiences!
  13. First let me start by saying I haven't even gone 30 days late as of yet but I am massivly concerned on what might happen. First and foremost I had a chapter 7 bk that was done in April 2014. I have since built my credit up and have been slowly racking up my cards. I currently owe Capital One $60,000, Barclays 20,000, Discover 4,000, and lending club 24,000. One month ago I had a massive seizure and was diagnosed with a brain tumor. I have lost my job and can barely work 10-15 hours a week from my doctors note. I have all medical records. Now I currently have 0 assets other than a 16,000 car I bought on loan and the value is lower then it's worth. I am deathly afraid they are gonna bring a ****storm down upon me. Especially Capitol one. I live in Ramsey county, Minnesota. I have no idea if I should call the companies and explain my situation so it can be documented that I tried and didn't walk away blindly. I am pretty sure they are going to say sorry you owe us. I am currently on medical assistance and food stamps because of this situation. I think I am exempt from garnishment. I know I am jumping the gun, could be years before anything happened, but I want to know somewhat what to do? Or what's gonna happen? Any words of advice would be good. I am assuming I am gonna need an attorney at minimum. I have also heard that because the large amounts they can possible file something to block me filing bk in 8 years from now? Is that possible? Would they do that?
  14. I went through this credit repair journey with success, mostly thanks to this board. I bought a home a year and a half ago! Last month, a new collection appeared on my credit report. My former landlord kept my deposit of $950, charged me another $1600 for damages, and sent me to collections. I didn't get notice of the debt, from either the landlord or the collection agency. The landlord may have sent me certified mail, but when I bought the home, I wasn't living there and never picked up the letter from the post office (my bad). So the landlord's charges are bogus. I can't definitely prove it, but I CAN prove she is charging me for at least some damage from the previous tenants. She offered to lower the charges by $300, making it $1300. While I could pay, I don't feel like I owe this. So.....I want this off my credit. I am willing to pay her 40percent just to get this off my report, even though it is bogus. I believe if we went to court, it could go either way, depending on who the judge believes (but no way it would go completely in her favor, I could probably argue/present evidence to make a LOT go away.) Please help me consider options: 1. Pay the collection, sue the landlord (that way, she couldn't countersue me and make me end up with a judgement). 2. Send her a pay-for-delete (or pulling back from collections). I would offer to pay 40 percent in order to have her pull this from collections and make it go away. She said that if anything is collected, she only gets 40 percent anyway. 3. ??? I'm leaning for option 2 and haven't been able to find a sample letter that fits. Please help!
  15. I was just served a summons by Calvary SPV. I know I need to answer but there are many discrepancies in their complaint. They allege that they have previously made demand for payment which they have not. They state they have purchased an account from capital one. To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy) The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information. They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe. The complaint itself has no court date. But when I go to the court's website I see the following information with regards to a court date{02/01/2019 at 08:30 AM OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away? I am not sure if this is important or not but on the court website they have my middle name incorrect. My middle name starts with the same letter as the incorrect name they have on file with the court. On the complaint they just have my middle initial. Any assistance anyone can provide would be most appreciated
  16. I was treated in the emergency room without insurance but received HCAP, basically charity forgiveness. when youre broke but not broke enough for medicaid. It took the hospital over 90 days to approve the "coverage" so the attending physician services billed me. I made them aware I was applying for the HCAP and waiting for approval. the day i received my HCAP approval I got my first collection agency letter. of course they refused to even listen to what I was saying and the physicians group wouldnt even review the HCAP letter despite the hospital showing a zero balance. I understand individual drs can bill separately, they just never even attempted to receive payment under the HCAP before collections. I sent a letter to the agency listed as having the account for debt validation and the letter was returned as attempted-not known- unable to forward. Yelp shows the business as closed and this is the only agency showing ownership of the account on my CR. Any suggestions on what to do next? Not familiar with medical debt, any help is greatly appreciated
  17. I wasn't sure where exactly to post this but wanted to get it out there and see if anyone could offer some advice. I have been clearing up my Credit Report for the past 2 years and was almost at a respectable 670. I had a dental bill default and go into collections as the insurance was dragging its feet since they were over billed. My insurance payed their portion of the bill ( i never got notification of this) and I paid the collections people the remainder as soon as I got the reduced bill from them. Is there any way I can dispute the negative on my credit report as it was reported before the final adjustment was made?
  18. Just wondering if you guys had any luck with disputing an item and getting it removed after paying in full. The company absolutely refused to delete and they wouldn't settle, so I went ahead and paid the $242. I started with a 481 CS on November 1, 2015 and I'm now at 616. It isn't great but it's so much better. I am serious about clearing things up and I just got tired of seeing the collection reported every month on Equifax. I actually had success with getting the aforementioned item removed from EXP and TU before PIF - the company didn't respond to the dispute but DID response to Equifax so it remained. So, I'm hoping that, now that it's paid, they will just ignore another Equifax dispute. Anyone had success with this? If it doesn't work, will PIF at least bump up my Equifax score a little bit?
  19. My wife was seriously hurt in an accident on April 2010 in California. There were large medical expenses, most of which were paid by insurance, but significant portions were out of pocket. The owner of the vehicle at fault had the legal minimum insurance. When our own auto insurance would not pay the $500K limit on our policy, we engaged an attorney. They negotiated with the hospital and the insurer to get what we believed were all of the outstanding debts paid. The attorney paid the hospital out of the proceeds from the insurer. About 2 or 3 years later, we obtained a copy of our credit report and found a collection account in the amount of about $6,800 from a collection agency. We don't recall receiving a bill from the hospital for the outstanding amount. Nor were do we remember being notified by the Grant & Weber collection agency of a pending collection account. They just recorded us as in default and sent a derogatory report to the credit reporting agencies. The terms of limitation for collecting the account exceeds four years, but the derogatory notice of the collection account remains on our credit report. We paid the attorney 27% of the insurance settlement, an extremely generous amount considering the number of hours I estimate he actually put into the effort to collect from the insurance company. As our legal agent, he was responsible for paying all of the hospital bills from the insurer's proceeds, but did not. He told me last year last year to write Grant & Weber and tell them they could not collect the debt and to remove the collection account from our credit report. They refused and instead demanded I pay the amount due immediately and threatened to initiate court action. The attorney has gotten his share of the payout and is not helpful in resolving this left over debt. Can I require Grant & Weber to show proof that they attempted to collect the debt from us before they put us in default? (Does it matter?) Do we have any recourse for getting this collection account removed from our credit report? It's scheduled to remain on my wife's credit report through Sept 2017. Thanks, Brian
  20. 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.
  21. 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?
  22. 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.
  23. 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
  24. 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.
  25. Does anyone know if PRA will take a Settlement but mark as Paid in Full? advice, Experience?