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  1. Many of you, like myself, have been fortunate enough to have a debt related lawsuit dismissed with prejudice by the judge in court. It feels great, of course, to win, but then there is one more issue that needs to be resolved: the derogatory tradeline that still remains on your credit reports. I cannot seem to find anything specific in the FCRA that addresses this problem, but while doing some searching online, I came across this, which I'd like to share with you: http://www.alabamaconsumerlawblog.com/2007/07/what_happens_when_you_defeat_c.html Personally, I am now going to try and get the TL's removed from my CR's by sending letters to both the CRA's as well as the OC. This is the letter I intend to send the CRA's, if anyone has any constructive criticism or feedback to offer me, I'd greatly appreciate it! Dear Sir/Madame: This letter is a formal complaint that you are reporting inaccurate credit information on my credit report. On May 7, 2008 the lawsuit that XXXX brought against me for the debt reported on my credit report as account # XXXXXX was dismissed with prejudice by the Hon. XXXX in the Civil Court of the City of New York. The index number of this court case is XXXXX. Enclosed please find a copy of the certified copy of original paper on file in the courthouse. As you can see from the attached copy of the court ruling this is not my debt. The alleged debt XXXX sued me for is uncollectable and unreportable and as such, reporting a non existing debt as mine on my credit report is illegal and a violation of the FCRA. Since reporting a non existing debt as mine is illegal, and a violation of the FCRA, the XXXX tradeline listed on my credit report as account #XXXXX needs to be deleted immedietly. Please give this matter the prompt attention it deserves, and thank you in advance for your cooperation.
  2. I have a creditor on my 2 of my 3 credit reports reporting two different things. On my Equifax it isn't showing as a negative listing but it says $2100.00 past due and under account status it says, "Contact Member For Status". On my Transunion it says "Charge-Off as Bad Debt". This was a secured debt loan. I have disputed both with the CRA's and they both show a note as "Disputed by consumer". This was last reported by the creditor in '06. I need to get this cleared up ASAP. What should my first step be in getting this cleared up? Do I handle "Charge-Off" listings different than collection listings? I have been successful (all thanks to this website;)) in getting all other collections taken off my CR's, but this one I am unsure how to approach. Please help:)++ Thanks in advance everyone!!!
  3. My credit report has no negative items but medical. I had to have emergency surgery in 2004 and was unable to pay the bills for it and had no insurance. The majority of the bills got turned in to Diversified collections and I now show 17 different negative items, as diversified lists each charge individually. Is there any way to get them to put them all together in one, meaning can it be made to be that I owe diversified one amount (the total of the 17) instead of having 17 individual charges? Also, it no longer lists the original creditor on my credit report, it only lists Diversified collections. I disputed the items and all were verified. How can they be verified if the original creditor doesn't have my records anymore? All that exists is what diversified says I owe...how can they prove what I owe if the original creditor doesn't have my records? Are they allowed to not have the original creditor listed on my credit report?
  4. I have 17 negative items, all of which are medical bills I was unable to pay when I needed emergency surgery and didn't have insurance. The majority of them go through Diversified collections and no original creditor is listed. So, I can't contact the original creditor to get them to "investigate" my records, and have to go purely off of what Diversified collections says. Is there any way to get these removed? I read somewhere that you can request the original creditor to investigate your account, that most of them won't have the information anymore and then you send a letter to their legal department stating that they can't say you owe them money if they don't have records, thus making them remove it from your credit report. The problem with this approach is that I don't know who the original creditors are....all that is listed is diversified collections now. Any suggestions?:
  5. Hello, I am a newbie but, I have been searching the threads on here and has learned alot.I have gotten my reports from T.U and Ex.I did my disputs and 7 accounts was deleted from my T.U account but, the thing is that the ones that was deleted from T.U was not deleted from EX.What should I do?? Thanks in advance
  6. Ok so I think Presdidio/CM is reporting on my CR's as an OC but they are a CA. This is how it reads on my CR's (Some information has been changed to protect the innocent) he TL reads: EX Predidio/CM Date Opened: 08/01 Date of Status: 02/03 Reported Since: 09/01 Last Reported: 04/05 Type: revolving terms: NA Monthly Payment: NA High Balance: $500 recent Balance: $500 as of 04-05 This Item was verified on NOV 07 and remains unchanged EQ Items as of date reported 10/07: Balance Amount $500 Amount past due: $500 Date of 1st Delinquency 06/02 Charge Off Amount $500 Current Status- Charge Off; Type of account Revolving; Type of loan- Credit Card
  7. Okay, I am getting deep into this process, and before I start sending anyone DV's, I want to make sure that I understand the basics. I am trying to feel my way thru my credit reports, so that I understand exactly what I need to do. My questions involve DOFD, and the reporting period. On my CR's from each individual CRA, some entries have a date on which the account will age off, some entries are blank. I am not seeing any type of reference to the DOFD, how do I find this information? Also, in the area that might show the date that the account will age off, on Experion for example, I have a few negative entries that state "Account due to go Positive as of XX/XX/XXXX" or something to that effect. Go positive? Any help is as always appreciated!!!!!
  8. The CA said today in a letter- my account is no longer assigned to them,it has been returned to their client. So I was hoping it can not stay on my credit report. I think it can stay on the credit report, but I am not postive.
  9. i was wondering what to do about this i have two charges offs from Bank Of America. they are reporting negative on my report and state it was a charge off but i dont have any CA on there what should i do first. Thanks in advance.
  10. http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=285275 In this thread, a user posted that a CA was pulling (hard pull) his credit report every month. I found this to be highly disturbing and still dont think this is a lawfull practice. It just sounds like credit posioning to me. I do understand if you default on a credit card or a loan, that it is a "credit transaction" and the pulls are supposdedly legal. On the other hand, utilities (electric, phone, cable, etc...) and traffic tickets and such, are *not* credit transactions (no line of credit given), and if they goto a CA, they should NOT be able to do a hard pull of your credit report without your explicit authorization. I found this case, Pintos vs Pacific creditors association and vs Experian: http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0E97340F115F2AF58825735D005212BB/$file/0417485.pdf an excerpt of this case: page 9 section 4 Here, Pintos did not voluntarily seek credit. Rather, the debt arose by statute when the lien sale price of her vehicle failed to cover the towing and impound charges. See Cal Civ. Code § 3068.2. Pintos never sought to have her vehicle towed, and she incurred the resulting debt involuntarily. Consequently, no one granted her “credit” as defined by § 1681a®(5), and there was no “credit transaction” within the meaning of § 1681b(a)(3)(A). PCA, therefore, had no purpose specified as permissible under the statute to obtain Pintos’s credit report. page 10 section 5: A). Post-FACTA, it is apparent that debt collection is not always a permissible purpose for obtaining credit reports. section 6: [6] Because PCA obtained Pintos’s credit report for debt collection efforts unrelated to a proper credit transaction, it violated the FCRA. I have only had 2 CA's perform a "hard pull" of my credit report, both of which are gone now, one due to time (2 years) and the other went away after I threatened to sue them for it (still considering going after them, now, after reading this case) I would like to see an open discussion with some of the more knowledgable members of this board.
  11. :confused:First time on this forum. I have been reading it for quite some time and finally decided to ask a question. I just pulled my free credit repots from 2 agencies, Experian and Equifax, had trouble getting into Trans Union so , i didn't bother. My question is this. On Experian i have 2 potentially negative items. Both are fron GMAC and are for lease cars repo'd in 1997-98. The credit report shows they were written off in 2003. However, they still show up on the credit report as being owed to GMAC. I get collection calls but, I do not answer unknown name-number calls. I now know that I can request a DV letter so I think I,m going to answer the call. However, before I do I want to make sure that I understand what my position should be. Am I correct in in my assuption that once a debt has been written off and has been sold to a CA that I have no legal responsibility to pay them. Both of them are over 10 years old. I just want to make sure that I don't stick my foot in my mouth. Thank You for any advice!!
  12. I have 3 accounts that are on my credit report (2 joint and one authorized user) the accounts belong to my mother. Her and I have the same exact name and address. These accounts have merged onto my Transunion Credit report and this is the honest truth. They are affecting me negatively. The creditors are Bank Of America, Citibank and HSBC/Best buy. My question is what is the best way to have these accounts removed off my file? I have contacted the creditors and they cannot provide me verification. Any help would be greatly appreciated thanks.
  13. So...In my credit repair journey, I have found one more hurdle. I have found out that there is another CA on my report for an utility company that I dont remember ever having service with. I tried calling that utility company, and they cant help me because the account was sold to this CA. It was placed for collection earlier this year and updated 2 months later, still listed as an open account. I have yet to dispute this account, as I have been cleaning up the rest of my report, and decided to leave this for last. I have googled this CA and have never seen so many complaints about a CA!! I am about to DV them with the address shown my credit reports, should i mention phone calls to the house will be recorded? i really dont have to being in Texas. I havent recieved a phone call from them yet, but want to be prepared with the recorder when they do. I thought they had to give written notice before they put anything on your credit report, giving you time to validate the debt, I also thought they had to have "initial contact" by phone to send a proper "dunning" letter. Is the lack of written notice a violation?
  14. Does anyone know what the deal is with removing closed credit card account from your credit report. Or how long these items would stay on credit report? Also if I have paid a collection account, is it possible to get them removed from my credit report, and how long would that take. Thank you in advance for any help that can be provided.
  15. The account was never on my credit file. amount of $575. This account was settled for $455 July 07. They have put on my credit $0 balance, customer settled account Mar 08. They said if I paid the $120 difference, they would remove it. CAN a collection company insert settlement 8 months later if the account was never on my credit report?
  16. I was courious if anyone knew when the credit report updates. Does it wait till the start of the next day or does it update anytime during the day?
  17. So I disputed a few items on my Equifax report..most had to do with Open Date errors. On all four of the disputes I submitted, Equifax changed the original open date of "01/01/0001" to "N/A". Now, correct me if I'm wrong here, but if they don't know when the account was opened, shouldn't they delete it? The reporting date has nothing to do with the "open date", or does it? And does the "N/A" mean this thing can sit out there on my credit report indefinitely? Thanks for your help! Flipper - Chicago
  18. My husband is in the processing of applying for a job and yesterday the prospective employer contacted him about a WAMU/PROV credit card in collections (mine) that is on HIS report. THis card is an individual card in my name and when I contacted the OC yesterday I was informed it was sold to Arrow..whom I have received nothing from as of yet. First, are they allowed to have this on my husbands credit report? What do I need to do to get this removed? I have been lurking here for a while as I have several credit cards in collections due to a failed business.....I want to pay the CA's but they have been less than wiliin got work with me! FOr now, I just want to get this removed from my husband's report....any advice and is this legal?!? Thank you!
  19. I had a repo about 2 years ago and since the debt has been shifted through numerous CA's - none of which so up on my CR. This is odd considering that other CA's show up. The OC shows that it has been "transferred or sold"/Charged off. I am looking for a new mortgage loan so I am trying to clean up my credit. Does that mean that the debt doesnt show up on my CR as current? How does this affect me? even if i did settle with a CA, since they are not on my CR, would it even help? Thanks
  20. After making good progress in cleaning up my credit, what a bad surprise! Everyday I pull my credit report via privacy matters, and yesterday this shows up, but only under Equifax: Equifax Account #: ******** Condition: Derogatory Balance: $18721 Type: Collection Pay Status: Late 120 Days Also, under payment history, there is nothing either! I have no clue about this account, and am positive I owe no one that amount! My questions are this: Is Unifund allowed to report this, considering I NEVER received any kind of dunning letter or notification?? Do I write a letter of dispute to Equifax immedietly? Do I then proceed to DV Unifund, or should I take other actions, since I never received any letter from them ever?? If anyone here can answer any of my questions, or provide any kind of guidance as to how I should proceed, I would be eternally grateful! Thank you very much in advance!
  21. About a month ago I ordered my husband's 3 credit reports from annualcreditreport.com. Equifax hasn't come yet. I went to annualcreditreport and filled out a "Contact Us" form, but it doesn't have anywhere for your email address, so that means they won't be responding back to me. When I call Equifax and the annualcreditreport number, it mentions nothing about talking to a human. I am trying to find out who to talk to? What should I do?
  22. Capitol One (I knew I should have closed that card as soon as I got it!), sent my account to a collection agency. However, the Collection agency never sent me a Dunning Letter. It's been a while, and my FDCPA knowledge is rusty, but does the Collection Agency have to send you Dunning Letter prior to placing a collections account on your Credit Report? Does anyone remember what FTC Opinion Letter addresses at what is the earliest time during the collection process in which an account can be placed on a person's credit report? I want to send a copy of the FTC letter to the Collection agency and force them take the account of my credit report and or sue them for not sending me a Dunning letter, ..... if it's possible. BTW, what is the website for the FTC Opinion letters.
  23. :confused:Are the CRA aloud to show previous address and phone numbers on report? I have a few old addresses and a old telephone number showing on reports.
  24. im comfused hope someone can help, i have disputed several thing on my cr only two was deleted but most say they have been updated, i compared reports and nothing has changed to be updated,unless the date last reiewed is considered an update, can anyone help
  25. I just got a judgment released because the bill was so old that the CA had no records. The docket sheet says Judgment released. How do I go about getting this off my CR
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