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Found 31 results

  1. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  2. Please if anyone can help me, I have searched in this forum quite a bit and I know there has been others with PRA on here, but I just don't understand any of the legal terms on what to do, they all seemed to have some knowledge on the matter and I'm entirely clueless, if anyone can help me... 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? Less than $5,000 but more than $2,000 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) My Mom was served 6. How were you served? (Mail, In person, Notice on door) My mom was served while I was out 7. Was the service legal as required by your state? I'm not sure Process Service Requirements by State - Summons Complaint 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, USA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the paperwork, around the end of 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? I don't remember 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. 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). It says Open - Initial Filing, and at the end Improper/No Service 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, Don't know what this is 16. 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? I have 30 days to respond, They are claiming two actions, the first cause of action is Account Stated saying that within the last four years, an account was stated in writing between myself and the plaintiff and on the account a balance of $****.** was stated to be due by plaintiff. Defendant expressly or impliedly agreed to pay that balance. They are claiming to have purchased the debt but have nothing to prove so. The Second Clause of Action is Open Book Account. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have two exhibits of evidence, Exhibit A is supposedly the most recent billing statement from Synchrony Bank prior to charge off, and Exhibit B is another billing statement from Synchrony Bank showing the balance that PRA is asking for.
  3. Im going through this for the first time, as a young adult, with little or no help. I have a few specific questions that I couldn't find the answer to on this blog. I'm representing myself in this case due to a lack of money for a lawyer so it's all new to me. I have attached the summons I received to help you better understand my questions in case they're not exactly clear. 1. Who is the named plaintiff in the suit? Calvary SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Firm in Fresno CA 3. How much are you being sued for? $801 plus attorney's fees and court costs etc 4. Who is the original creditor? (if not the Plaintiff) GE Capital then Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Given to my roommate then mailed to me. 7. Was the service legal as required by your state? Yes 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? Orange County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It's claiming on Oct 6, 2014, but I know I did not make that payment. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served I believe? I've already filed my general denial with the courts. 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. But I've already filed my response. I wish I would have found this blog before responding. I'm not sure what the 'charges' are. And no I did not receive an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -Affidavit of sale -Certificate of Conformity For Notary -A BOGUS looking Bill Of Sale -A BOGUS transaction summary of a supposed payment I made to synchrony. Now there are a few things that I don't understand. First, how on earth did they get $836 as the charged off amount when my credit report states the charge off amount, as reported by Synchrony Bank, was $334? And what are the 'adjustments and/or credits applied' (Highlighted in the file I have attached) that then brings it to $801? Second, I know for a fact that I did not make a payment for this credit card in October of 2014. The supposed last payment I made. Not only do I have no record but I know I didn't because at that time I was about to be evicted and I know 100% the last thing I would worry about paying was a couch payment. I didn't even have the money to pay my electricity bill that month, why on earth would I pay $120 for a couch payment?? Is there any way to demand more about that alleged payment? The bank account I was using during that time I don't have anymore so I no longer have access to those statements as they were online. Additionally, after reading a few threads on here, can the plaintiff say that "Plaintiff's damages and injuries were proximately caused by the acts or omissions of these defendants."? (Highlighted in the file I have attached) I believe I read something about rebutting this because they bought the debt so they brought the damages upon themselves or something like that? Lastly, they state in their summons "No part of said sum has been paid, although demand therefor has been made, and there is now due, owing and unpaid from said defendant, and each of them, to plaintiff, said amount". And even claims I "refused" (Highlighted in red in the file I attached) to pay??!? I Never had any contact from cavalry by phone or mail before being sued, I haven't lived at the address they state I live at since 2011. How can demand be made when I never received a demand from them? As I said, I wish I found this forum before I filed my reply. I'm not sure what to expect, I've never been sued before, let alone by a debt collector. What should I expect next? Will I get something back from cavalry? I sent it first class USPS on the 21st of last month (September) and haven't received anything yet. Thank you so much in advance for the help! Summons_CAVALRY_1.pdf
  4. Hello All, I have lurked on this forum for over a year now. I have filed my response to JDB's counsel Harris and Zide. My case has fallen into the hands of arbitration (judicial non-binding). Of course I got a Declaration in Lieu of Testimony and there was no name of the affiant nor an address. I sent JDB's counsel a meet and confer letter (CC'd arbitrator) and they basically told me to kick rocks and were rude and nasty...so I am unable to subpoena their witness for cross examination. I will object to the affiant's declaration but I am not sure how to do that in my brief or if I should, any thoughts?. This case has been going on since July of last year and I know that I do have the fall back of requesting trial if I don't like the arbitrator's response so I am not too concerned or should I be? Does anyone have a sample Defendant's arbitration brief to share?...A copy of Plaintiff's brief is attached... I am also preparing my motion to strike, motion in limine and request for summary judgment for failure to state a claim once arb is done I didn't know to do this a year ago. They also sent junk and no precise chain of title/assignment...same game just a different player. Please let me know if you have any issues thoughts or concerns. "My meet and confer letter is attached here is there response: Dear Ms. XXXX: The meet and confer code section you reference does not apply to the issues you have presented. That code section addresses issues with discovery responses. My office last provided discovery responses to you in February. The deadline bring a motion with regard to any issues you had with those responses has long passed. The court has referred this matter to arbitration and expects the arbitration completed within a reasonable time. Plaintiff intends to go forward with the arbitration as ordered by the court. Plaintiff believes its form complaint sufficiently pleads a cause of action. If you do not agree, then it is up to you to determine what steps you should be taking. Plaintiff believes it has submitted sufficient evidence in its declaration to support entry of judgment. If you do not agree, then again, it is up to you to determine how to address that. Plaintiff’s declaration is being used pursuant to the California Rules of Court for use of declarations at an Arbitration. The Code of Civil Procedure rules regarding use of a declaration at trial do not apply to an arbitration. Plaintiff disagrees with your position and contentions and will vigorously any and all of the baseless motions you claim you will file. Sincerely. Flint Zide lvnv.doc lvnv brief.pdf By the way I did seek to find legal counsel (defense counsel and consumer attorneys in my area) but none would take my case because the amount they are suing me for is so low (they said they would not feel right billing me $250.00 per hour for a $1700.00 claim) SMH...OC Credit One and JDB LVNV Funding... declaration in lieu of testimony.pdf
  5. I was contacted by someone in an email and text message saying a suit had been filed against me and they wanted to represent me. Sure enough I checked the court's website and I have a suit filed against me by CACH LLC being represented by Midland Funding LLC. The suit was filed on March 29, 2016. I have been reading everything I can here especially the great thread about the case that was won here in CA in the stickies. I am sure this is going to be the start of a longer thread as I go through this process. I have no idea what this debt is for and I have not been served. The court record shows a Summons Issued on 3/30/16 as the last action in the case. Is this saying that I have been served or they started the process to serve me? Is it normal to have a case filed and then 8 days later still not have been served? It makes me a little anxious wondering where and when someone will show up to serve me and wondering what the paperwork will say when they do. Also on the 29th it says that they filed: Complaint and Declaration Re: Reduced Filing Fees filed by Cach LLC. The filing fee is $225. I am not looking forward to paying that to file an answer. Do you know what they filed to reduce their fee and how that works? I would not be eligible for a fee waiver. I thank you in advance for all of your help. I know that as I go through this process I am going to need it.
  6. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email you. -Nehv 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? Less than $5,000 for principal balance, costs of suit and "any such other relief as the court may deem just and proper" 4. Who is the original creditor? (if not the Plaintiff) Synchrony bank 5. How do you know you are being sued? (You were served, right?) Not yet. Served with papers left at home while i was out and also got two letters from attorney services. 6. How were you served? (Mail, In person, Notice on door) Papers were dropped off on the floor. 7. Was the service legal as required by your state? I don't know. I'm not sure to be honest. Since the papers were just on the floor. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact what so ever with PRA before or after summons. 9. What state and county do you live in? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe in mid 2015. Never made a payment with the collection account with PRA. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Well in California it says the most is 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). As if today: Unknown disposition. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance" 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached two billing statements of the original account with Synchrony Bank.
  7. Hello everyone, About a year ago we got great help here with a lawsuit and it looks like we're in the thick of it again with another creditor. My relative hasn't been served yet, but one of those settlement services sent us a notice with the case number and sure enough there's another lawsuit in the system. This is a bit different than last time though. I can only see half the pages on the online system, but it looks like my relative is being sued by Wells Fargo for 16k under her maiden name (which she hasn't used for 30+ years, so not sure what's up with that). Here's the rub though, there's no way she owes 16k. I remember getting the debt collection notices a couple years ago and they were for 2-3k. I checked her credit report and sure enough, Wells Fargo is on there with a reported balance of ~2k, and a charge off amount of 3k. Her credit limit was only 7k. The default was reported back in 2014 so it's still under the SOL, but there's no way 2k, or even 3k, turned into 16k in 3 years. Has anyone seen anything like this before?
  8. I already answered a complaint as well as the discovery process but what does this mean: I just received another notice from PRA with a box checked by AT-ISSUE MEMORANDUM Jury trail NO time estimated 2 hours case entitled to preference: NO Is discovery X complete Is any law and motion matter pending or contemplated? NO Is equitable relief sought? NO does the amount exceed $25000 NO do you object to this matter being ordered to arbitration ? YES are you willing to stipulate to Arbitration regardless of the amount in controversy? NO Other: Nature of damages: COLLECTIONS CASE- OUTSTANDING BALANCE DUE amount of Damages: $3111.71 relief sought: MONETARY From what i gathered this is saying to the court they are ready for court date? Can I request a continuance? I'm a tax preparer and timing is terrible for this right now. PS not quite sure on how to navigate this site . I am thankful for any advise or opinions given
  9. Helping a friend fight a cache case: I vaguely remember something from back when my case was fought (and won) that changed in California on January 1st 2015, didn't apply because my case was filed in December of 2014, so I don't completely remember. Here's where we are: Cache filed, friends answered AND sent first request for docs. The answer they received yesterday stated "Cache is still preparing the case for trial and does not have the necessary information to answer at this time....on ALL questions. They then sent a statement from over a year ago from a different collection company. If I remember correctly this is enough to request dismissal, BUT I don't remember which law it is that makes this so. Anyone?
  10. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process cannot be effectuated at the aforementioned address, I authorize the Defendant to contact attorney XXX for purposes of effectuating proper service on my behalf." Also, the last line of the Declaration says "Executed on this day XXX, at San Diego, CA." So, I'm thinking I should either strike Argument A or rewrite it such that it only says the declarant was unreachable* by the process server. * The subpoena will be issued on Monday and I'm guessing the declarant probably won't be available, but will know for sure soon enough. I go to trial this week as well, so am getting the subpoena in just under the wire. I won't have 5 days to file the objections with the court, but do plan on overnighting a copy to PRA's lawyers so that they are aware I plan to fight back with gusto. Is this correct? -- PS: I'm terribly behind. I have two cases in motion - but they will be months apart. Unfortunately, I haven't been organized and missed my chance to do the preliminary stuff on suit #1. Nevertheless, I am inspired by those that have crammed a lot of learning into a short time and come out the other side. I'm determined not to let being behind stop me from trying. (Also, I worry that not fighting this will send the wrong message when it comes to suit #2. So, I'm in it to win it.) The one thing I have done is read, read, read this forum! I've seen that the members here will help people who are willing to do the work - and I am willing to work hard. Will probably have more questions over the next week, but I'll keep them all contained in this thread. Thanks in advance!
  11. I broke a lease in August 2013, and was informed by the office staff that I would have to pay a concession fee of around $1200, but I never heard any more about it. I recently pulled my credit report and found that this account was assigned to a CA. I sent a validation letter to the CA, and they sent me two pieces of paper, the final page of my lease, showing my signature, and a move out form, which was not done in my presents, that listed a cleaning fee of around $150, and Damages at around $500, along with numerous other fees. The apartment was clean and there wasn't any damage to the property. I had lived in this apartment for four years, and moved for school after receiving a last minute acceptance letter. How do I proceed from this point? I attempted to get an apartment in another city, and was denied, obviously this was the cause.
  12. Hello I was wondering if someone would be able to help me here. I live in California. I’m trying to help a friend that is being sued by a car lot. My problem here is the dude doesn’t want to fight it. He would rather settle in court & set up monthly payments so he can then file for bankrupt. My problem is I do not know how to go about this since I only know how to fight the debt. Is there a special form that he needs to fill out or should he just let them have the judgment? He doesn’t want to have his wages garnished, but he is willing to start making payments. Can someone please help me on what to do here? I’m completely lost when it comes to giving in to the debt. Thank you for your time.
  13. Hey Guys, I'm just starting to try to tackle OC issues on my credit report and I've found that one of them is reporting a different DOFD to each of the three reporting agencies. The same is true for the CA that it looks like bought it. Can I just send a letter to the three reporting agencies with copies of the three different entries and they will delete the tradelines? Or do I have to send everything to the OC and CA themselves and hope they'll do the right thing? Either way I think this violates TFC and FDCPA.
  14. I am preparing my case against Portfolio Recovery. Can I send a bill of particulars if it doesnt state account stated? And if so what do I put instead of account stated on the BOP. Thanks in advance 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Hunt & Henriques, Attorney at Law Michael S. Hunt, Janalie Henriques, Donald Sherrill 3. How much are you being sued for? 3,418 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (Sears I believe) 5. How do you know you are being sued? (You were served, right?) I was sub served 6. How were you served? (Mail, In person, Notice on door) Sub service, my dad received the summons, etc 7. Was the service legal as required by your state? Yes 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? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Around November 2012 11. What is the SOL on the debt? To find out: 3 years I believe in CA 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). POS filed 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? 40 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all
  15. Ok, so I had a cable bill collection on all three of my reports. I paid the cable company and the CA updated it as paid (don't judge, I had no communication with them at all, not even a letter from them). I gave it a few months and disputed the paid collection with TU and in response to the dispute, the CA added the same collection to all three bureaus as a new collection (separate from the one that has been paid for months), and this time it shows unpaid and the amount due. The date assigned, amount, etc are all different. What is the best way for me to handle this? I would like to take advantage of the situation to make them remove BOTH collections, the paid one and this new one from all 3 of my reports. Any advice would be greatly appreciated. Thanks!
  16. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significant assets) and/or who to contact. Fast forward to today, and the same guy comes back asking for my wife. Turns out it's the same legal firm, for the same company (Absolute), for the same card issuer (Capital One), but for an amount that is about four times the amount they are suing me for ($3,200/$900). So what information should I provide here? I'm not entirely opposed to paying the debt, but I hate to line the pockets of a random junk debt buyer. The first summons was brought here on September 10th (says the summons was issued on August 29th) and then the second one (for her) brought here today (issued September 10th). I don't have the money to file an answer. We don't have much income after we pay the necessities (rent, car payment, car insurance, utilities) and our son is special needs. Not sure if that matters or not, but I heard I could possibly get the fees waived? I don't want to ignore these and have $4,000 turn into $10,000 and have wages garnished. I check the SOL and it looks like they filed the suit a few days before it was up. They attached evidence such as a statement showing my last owed balance along with a payment (both in 2010 one for each card) and a form that showed they purchased the debt from Capital One for $32 million dollars (hers said $12 million). The amount they paid for the debts is blacked out. There's also a form from the CEO of the company saying they took ownership of the debts. Our account numbers aren't anywhere to be seen, except of course on the statements. There's also a notice at the back that says we can avoid court by calling in and arranging payment, along with another series of papers asking for a reduction in the filing fee for $44. Not sure what that is about. Both cards have a combined interest/fees amount of $600-$700. Both lawsuits say a hearing is scheduled for 2017 in Chatsworth courthouse. Not sure why it's so far in advance. Nowhere on the papers does it say we have to be in court. So what are my options at this point? Please ask as many questions as needed, I will provide any information I can that will help me out. I appreciate all the help, and God Bless. I almost forgot, they are suing for: Breach of contract, account stated, open book account, and indebtedness on both lawsuits.
  17. Hi, All. I was recently served a Summons in a case lodged by a JDB and the attorney representing them. Included is a "DECLARATION IN SUPPORT OF REDUCED FILING FEE" form signed by the attorney. One of the clauses listed on it is as follows: "4. Under Business and Professionals Code Section 6322.1©(1), where a claim for money damages falls within the monetary jurisdiction of the small claims court and is filed by an assignee who is prohibited from filing or maintaining a claim pursuant to CCP 116.420, the filing party is entitled to a $44.00 reduction from the uniform filing fee." I'm sure this is probably nothing that I can use as ammo, but want to be sure I'm not missing anything. Does anyone know what this is about? Obviously, the enemy got a fee reduction, but I'm not sure why. This case is in California, BTW involving $3,xxx.00 in alleged debt. Thanks!
  18. Hello everyone, I sent a DV to the CA and they responded as follows: We have requested your letter of dispute reagrding the referenced account. Please be advised we have closed and returned your account to OC. If we had previoulsy placed a negative report on your credit regarding this matter, consider this your notice that all CRA have been notified to delete this reference from your credit file. Any further questions regarding this account should be directed to OC. Is this good? Do I wait until their next move now? Thanks for your input.
  19. Hi guys, I hope someone can help me. Long story short: My husband and I are trying to buy a house and there is one final issue that needs resolving to get the loan. I had an old debt with US Bank that was charged off in 2011 and sold to a JDB in 2012. On Experian and Equifax it shows as charged off/sold with a $0 balance to US Bank. On TransUnion, it shows it was charged off and shows a balance of $5400. I called US Bank and they said they do in fact show a balance due, even though the account does not belong to them. The account was settled with the JDB earlier this year. (Something I wanted to avoid/go to court over but I decided it wasn't worth the stress so I just paid them off). My issue is TransUnion needs to show this account with US Bank as reporting $0. Is there a form letter I need to use? I have been googling and I haven't found anything to be very helpful. You would think they could just update it over the phone. I don't owe them (or anyone!) money. What should I say in my request and what should I include? Please help.
  20. I'm starting a new chapter in my life and trying to get my "stuff" together after burying my head in the sand for a few years. In short, I pulled my CRs, only to find that I had 8 collection accounts in my credit report(s). Aware of this site/forum from a similar experience a decade ago, I decided to face my debts and obligations head-on and get started with the rest of my financial life. Because I know that I owed the money on all of these accounts, my first line of defense was to simply see what would happen if I mailed monies to the original creditor with old statements/invoices that I found. I tried this with 5 accounts.............4 of the original creditors cashed/deposited my checks. The 5th OC sent my check back with a handwritten note advising me to contact TEK Collect to make payment arrangements. (The check I sent was for $56 to pay in full and they refused it. The CA is asking for $72, but I've never received any documentation or phones from them.) Here is where I need some help and here's what I did..............I'm looking for some general next steps; 1) I have disputed all of these collection accounts with the 3 bureaus 2) I mailed the Original Creditor the paid in full amount. (I did not mail any money to any CA.) 3) I DV'd each of the CA's after the checks were cashed CMRR. 4) I received a DV response from one CA stating that I have a balance of zero and that "their office" received the check along with their other DV-response form jargon. This is ludicrous because I know the OC endorsed the check by looking at the back of it through my banking system. 5) I received a DV response from another stating that they are collecting on the interest of the account they assumed from the OC ($231.19). I paid the OC through a credit card $847 (the principal amount) directly over the phone without any mention of inclusion of the CA. 6) Oddly, another CA sent me back a DV response stating that my balance was paid in full and would remain on my CR for 6 years and 9 months, yet it fell off of my credit report today. So........................I hope was that by the OC taking payment in full, it would basically "null and void" the CA altogether, causing them to erroneously respond to my DVs and/or allow me to prove to the bureaus that accounts were paid direclty and no CA should be listed for specified account. Does anyone have recommendations for next steps to remove the collections from my CR based upon the OC's taking the money in full? Thanks!
  21. I had to share some exciting news from today's credit score update. When I started this process on May 6th, 2014, using TrueCredit's site, my TU report contained 4 delinquent accounts and 10 derogatory accounts. Specifically, I had 9 collection accounts, and then some other bad stuff, late stuff, child support in arrears, home foreclosure in 2011, etc, etc. One thing led to another, which led to another, and I simply threw my arms up tried to ignore everything for a couple of years. I felt "stable" enough to start chipping away at all of these things and I can't believe how promising I feel just 6 weeks after beginning the task of getting my $#$# together. It may be a fluke, but my TU Vantage Score jumped from 550 yesterday to 620 today!!! Better yet, I am now down to 2 delinquent accts and 5 derogatory accounts on my TU. (Still more work to do on Exp and EQ, but they are improving, too, just a low slower.) Of my 5 current derogatory accounts, I am now down to; Child Support (youngest son just graduated from HS this month, so going forward every penny I continue to pay each month will bring this balance down at a much more accelerated pace. Asset Acceptance collection - It's past SOL, but can still be reported for another 18 months on CR. I'm going to let sleeping dogs lay with this one. Old Utility Collection account with CA - Obtained letter from CA after paying off the original creditor (utility) stating that this account will be deleted from all 3. Hasn't happened yet and I just received the letter last week. This did take some letter writing to the CA. LVNV Funding - Has a zero balance. I paid them off 2 weeks ago, and probably should not have. I'm now in strategy mode of disputing and hoping for a delete from CRAs. Key Bank - I did need to pay this one off. From ex's account that she let go. I failed to recall I was even listed on this until it appeared on CR. Paid it off in two months, sent GW letters to every executive office of corporation asking for mercy as my efforts to resolve were immediate and prompt. It was reporting as 2 derogatory accounts yesterday and that is now corrected, but ultimately would ilke to battle to have it deleted, not just paid. (It's showing as a collection/charge-off but was formerly a LOC.)I thank all of those who have scolded me, reprimanded me, encouraged me, etc. I still have a long ways to go and new habits to establish, but I feel like I'm getting a hold on my life again. Cheers!
  22. Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the debts that are mine, with the exception of this last remaining collection account. Of the 8 collection accounts I started with, I have only negotiated or paid 2 CA's. I paid monies to the original creditors, as they are who I was indebted to, ethically. My last account is with Asset Acceptance. The original creditor was Beneficial. I obtained a $10,000 credit line with them back in 2006 or so. In 2007/2008, I went through business hell, began the process of trying to save my home, which failed. At that time, Beneficial was the least of my financial worries. I have no documents from Asset Acceptance. No phone calls. Disputed with the CA's. Verified. I have sent a DV letter to Asset, CMRR, but am anticipating the typical response/letter. Asset reports the account as "opened" in Aug 2010, meaning that's when THEY started reporting this account to the CRA's. The actual Beneficial credit line accout is not on any of my CRs. (thankfully) They are reporting a balance of $13,600 and it appears to grow by approximately $150 each month. I would attempt to settle this for less than the amount, and will if possible, but every posting I read regarding Asset Acceptance includes lawsuits, and motions, etc, etc. I am obviously in the waiting stages of the DV response from Asset Acceptance, but I want to be prepared for my next steps. Ideally, if I can take care of this for $2500 or so, I would be thrilled. Can anyone let me know if they have had success settling a debt with Asset Acceptance for less than the amount? Keep in mind I have not been receiving letters, phone calls or anything else from them. I'm certain I have awoken a sleeping giant, but I need to resolve this last, remaining and somewhat large collection account for employment purposes with my new job/employer. Sorry for length of post. I know that's a no-no.
  23. This pisses me off... Discovered an old utility bill for $847 from a state a used to reside in, stemming from walking away from my old home in 2008 (foreclosed). Discovery was made when I began this credit report rehab project on May 6th or so. Account was listed by a CA in Oregon, with an amount of $1072. I had/have never received a phone call of piece of mail from them.....ever!!! I had the money, so I called the actual utility company to see if they would take my payment, hoping this would give me leverage to remove the CA and avoid the interest. They gladly accepted my payment for $847 and mailed me a receipt. I also DV'd the CA, after. I received a DV response from the CA stating the typical DV response, as well as a line stating that I have 14 days to contact them and make payment arrangements or they will proceed to the collect the amounts owed at the "clients discretion". The second page highlights payment made amount of $847 with a remaining balance for interest charges of $231.19. I sent a goodwill letter to the utility company, CMRR, stating who I spoke with, including that I paid the balance in full according to the people that I spoke with. They called me yesterday. They advised me that my balance was zero, but that I would need to contact the CA to make arrangements for the interest, as it is not part of their billing system, they have power to instruct the CA what to do, etc. I pushed back a bit, but it was going anywhere. Furthermore, and I do realize that they have 30-45 days to report any activity, NO ACTIVITY has been updated or reported on this TL. Payment was accepted on May 8th. I already disupted this with the CRAs. My thought is to send a response letter to the CA, but I'm not sure what to write/include, other than I'm pissed off, and I know that strategy won't get me anywhere. My objective is not to just get this thing reported with a zero balance, but to have it removed entirely. If I send a follow-up dispute to the CRA's, including a copy of the receipt showing payment to the original creditor, I don't know who the CA is, etc.....will that work to have it removed? Thanks for any and all guidance.
  24. Question. My son had some dental work about a year ago and we were quoted a number for the services, insurance picking up the rest. We paid upfront what we were told the cost was. A while later, we received a bill for almost double what we were originally quoted asking for the balance. Fast forward, I tried to work this out with the dentists office to no avail. They sent me a letter about a month ago stating the section of the IRS tax code regarding discharged debt, and that they were going t report it to the IRS as a 1099 MISC income. Then they said they were going to turn it over to a collection agency for non payment. I received a verification letter today from the CA. Question is, what do I do? Do I dispute the debt and tell them that I have received a letter from OC showing they said they will filie a 1099 and that the debt was discharged? Do I threaten to sue them for a non existant debt based upon the OC letter? Any advise would be appreciated. My son had just turned 18 at the time this happened and they made him sign the forms so I would really hate to get his credit ruined from this deceiving dentist. The debt discharge income is of no consequence as he is a full time student with no income. I have attached a copy of the meat of the letter. Thanks in advance dentist.pdf
  25. Looking for some advice on dealing with this collection agency Portfolio Recovery Associates. Same old story, I went thru some very hard times about 4 years ago and now im dealing with the consequences. Recently Ive been contacted by Portfolio Recovery Associates regarding TWO accounts that they have purchased and are now trying to contact me about settling debt. One of the accounts is an old GE Bank Credit Card (Walmart) that is out of the Statue of Limitations in my state. (im in Texas and I believe the SOL is 4 years on debt.) The letter that I received regarding that account is has this text written on the bottom: "Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency."The letter also states that they bought the debt from "ARROW FINANCIAL SERVICES LLC", so I assume it should be out of the SOL. The most recent letter has stated that I owe around $650 but they will settle for 3 options:1.) I pay $251.00 straight out2.) I oay $47.00 for 6 months3.) I pay $26.00 for 12 monthsSince this debt is so old, and isnt being reported to credit agencies then whats the point of settling with them? And If I remember correctly, the credit line on that card was only $200 or something.My question on this one is, how can I figure out if it is actually out of SOL and if it is then how can I stop them from contacting me about it or have them shut down that account. Debt Validation? Cease & Desist Communications on this account? I have read that a cease & desist increases the probability of getting sued but since the letter states they CANT sue me then would it hurt to send the C&D to shut them up on that account? Now, the second account that they have is an old Capital One Bank credit card account which according to the mail document was purchased directly from Capital One. This account was purchased in 2013 and from one brief conversation I had with one of the reps on the phone, they said the last activity was from 2011. I have since ignored all calls as they have increased after accidentally speaking to them once. I am unsure if this is outside the statute of limitations since I dont recall when I ceased to make payments and it got charged off. Unless it just now was charged off and Portfolio Recovery Associates just now got their hands on it. I am currently in the process of obtaining my credit report to see whats actually there and if both of these debts are reporting. On this account, they claim I owe something between $800-$1000 but I know for sure that this card was another low credit line of something like $250. A letter states I owe $850 but on the phone the rep said something like $1100. It seems they are increasing the amount due with every communication.My question on this one is how can I clarify what exactly I should owe, whether or not it is within the SOL, and whether I should make a deal with them. Also, should I start this off with a Debt Validation Letter and just go from there? Is the probability of being sued for this one higher since it may not be out of SOL yet? Its a relatively low amount so I dont see the need for getting lawyers involved. Even though they purchased the debt in 2013, I am almost certain that its been charged off since at least 2011. I have not yet received the "deal" letter on this account as they were just able to get ahold of me via phone. Ive been receiving random letters from CA's but I usually read them over quick and throw them away. They somehow dug up my cell number so now the calls are coming in more and more frequently. So thats the collection agency drama, please send any helpful advice. This is just the beginning of fixing the debt hole that I got into back when i fell on hard times but hopefully with some helpful tips and tricks it will get all figured out. I will continue to update this post as I move through the processes of dealing with all of this so hopefully it will help someone else who may be in the same issue.