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Introducing myself -- looking for advice/mentor/miracle


mister fabulous
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This is going to be a long one so please bear with me if you have the time.

I've been lurking around this board for awhile and I would really love to get some expert opinions and maybe make some friends/advisors who can help me with my problem.

To put it succintly, my credit is screwed. I have 6 unsecured credit card accounts that have charged off w/in the past year. I was diagnosed with cancer with no health insurance and was paying for my medical treatments with me credit cards which had enormous limits at that time.

The total debt amount is enormous, too much for me to pay. I was paying close to $1200 a month in monthly payments and managing that, until they all started decreasing my limits and raising my interest rates even though my payments were on time.

Then I lost my job, dealt with cancer and the rest is crap credit history. I live in NY state and know my SOL is 6 years and I know I have a long wait to get there.

I want to do something about this now. My creditors will not work with me. The best offer I received was for 40% of the total balance. When I asked them if they would remove the tradeline or the derogatories they said no.

I'm not afraid of taking my fights to court, I'm articulate and ballsy and once upon a time I was a certified paralegal for about 5 minutes.

So here's the low down;

Sherman aka NES Systems of Solon Ohio contacted me about 2 debts I allegedly owe. I sent validation to NES Systems for both accounts and they wrote me back telling me they would get me the information I'm looking for in 60-90 days (violation?). After receiving my validation letter, they also seemed to be focusing only on a Providian chargeoff, and not the Chase account they also wrote me about in a separate letter. They are on my CR for the Providian account (and inquiries) and in the meantime and they are not listing the account as in dispute. They show up as open account, installment account, collection account etc...

NES is just a shell corp of Sherman since they claim they are collecting this for Sherman. I need to validate Sherman directly on this too, right? If so, does anyone have the right address to validate Sherman with? I had sent a letter to them that came back to me, box closed and i'm not sure where to send it to let them know I'm onto them.

My other battle is with Mann Bracken in Georgia. They wrote to me about a First USA/Bank One/Chase (that account kept changing hands when active) account. I sent them request for validation and they sent me back copies of statements with a request for payement of the debt 3 times. All of these requests were sent to me way after the 30 day period.

They also harrassed my mother morning, noon and night (but w/in what are termed reasonable hours) on the phone even though she lives at a different address than me and her phone number is one I never gave out. They are not listed on my CR except as an inquiry at this point.

I think I have at least 8 violations on them. 3 continued collection attempts w/o sending me validation, 3 for not listing the account as in dispute on any CR. 1 for not sending me a letter w/in 5 days of receiving my validation letter alerting me that they received my validation request and would alert the CRA's. 1 for the inquiry on my CR (if that's possible) and I don't know how many for harrassing my Mom who is willing to testify about the calls.

Does that sound right to you guys, violation wise? Is there anything obvious I'm missing?

The other 3 accounts that charged off have not been assigned to ca's yet, but they are just sitting on my CR's as chargeoff's. I don't know what to do with them until they are assigned to CA's. Any thoughts?

Then in 1st week of December, I sent out my first round of disputes with the 3 CRA's. Experian, of course, closed their box as well and I have to re-send that. Found an alternate address on this site.

The other 2 CRA's have about 5 days left in their 30 day investigation. As of now, the only thing I received from them was my green card return receipt.

While I sent out my CRA disputes, I also sent out validation letters to all the OC's listed as charged off. None of them have responded to me. My plan was to show the CRA's that if the OC's couldn't validate/verify these accounts in 30 days, then how could they keep them on their CR's.

A friend of mine from another board has told me about suing the CRA's when they can't provide proof of how they verified the info you disputed.

So I'm just wondering, if you were in my situation, what would you do? Should I go out and be aggressive and sue Mann Bracken, Sherman, NES and the CRA's?

If so, if any of you have done this w/success and could be a mentor (I'm not asking you to do it for me, just guide me along) I would really appreciate it.

My wife and I just got married last year after I got a clean bill of health and knew I was going to be around on this planet for awhile longer.

I want to take care of this problem and be agressive, so we can start planning our future w/o me always worried about the past.

Thanks in advance for any reponses/support.

Joe

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Sorry about your TEMPORARY crappy situation. Notice I said temporary, as it all will be uphill from here - where else can it go? :) Let's take one thing at a time:

Sherman aka NES Systems of Solon Ohio contacted me about 2 debts I allegedly owe. I sent validation to NES Systems for both accounts and they wrote me back telling me they would get me the information I'm looking for in 60-90 days (violation?).

Did you also dispute with the credit bureaus and did they verify the accounts?

After receiving my validation letter, they also seemed to be focusing only on a Providian chargeoff, and not the Chase account they also wrote me about in a separate letter. They are on my CR for the Providian account (and inquiries) and in the meantime and they are not listing the account as in dispute. They show up as open account, installment account, collection account etc...

That's a violation, but the bigger one is continuing to report on your credit report after you requested validation. That's why it is important to dispute these accounts with the credit bureaus.

NES is just a shell corp of Sherman since they claim they are collecting this for Sherman. I need to validate Sherman directly on this too, right? If so, does anyone have the right address to validate Sherman with? I had sent a letter to them that came back to me, box closed and i'm not sure where to send it to let them know I'm onto them.

Not sure what the point is here - can you give more details?

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What about sending a C&D when it comes to calling your mother? I think that would be the first thing I would do. Get the phone calls under control. Because of your health situation, it does not do them any good to call you, because it causes you stress. There are some good C&D letters on here. You will want to be careful how you word it, you don't want them to push for a law suit, just that calling all the time is not good for YOU or your MOTHER.

that's my .02

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Isn't hounding this persons mother "morning, noon and night" contacting a third party and NOT LEGAL!!! ???

Someone chime in on that one, I know that must be a violation that someone, i.e both mother and the poster (?)... at least one of them could sue the CA for.

The mom should at least sue for harrassment.

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Isn't hounding this persons mother "morning, noon and night" contacting a third party and NOT LEGAL!!! ???

Someone chime in on that one, I know that must be a violation that someone, i.e both mother and the poster (?)... at least one of them could sue the CA for.

The mom should at least sue for harrassment.

They're not even allowed to talk to a third party (mom) about the debt. That's a violation.

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Did you also dispute with the credit bureaus and did they verify the accounts?

I did dispute them with the credit bureau's and they haven't come back yet with a decision. I know they haven't been removed at all as of today.

NES is just a shell corp of Sherman since they claim they are collecting this for Sherman. I need to validate Sherman directly on this too, right? If so, does anyone have the right address to validate Sherman with? I had sent a letter to them that came back to me, box closed and i'm not sure where to send it to let them know I'm onto them.

Not sure what the point is here - can you give more details?

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They called your mother 32 times in one day alone?

That is unbelievable. That is beyond ridiculous. Seriously you need to have your mother contact an attorney as that is harassment beyond belief. Harassing someone, which is what they did, is a criminal charge with real penalties, not just monetary.

Look into it as that should scare them away.

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Most of those 32 calls were hang ups since she stopped answering the phone that day. It seemed like 1 out 8 they would leave a message asking for me to call them back, even though I didn't live there. When she finally answered the phone, they told her it was important to have me call them immediately as this was a personal financial matter which would have grave circumstances if I didn't respond to. My Mom said they never mentioned the word "debt" to her, just that my financial situation was dire and she needed to force me to call them.

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Checked my Privacy Guard CR this morning and saw TU deleted one of the 6 chargeoff's which was from Chase. I had sent out disputes on all 6 chargeoff's to every CRA in the 1st week of Dec.

I'm assuming that if they re-insert that tradeline on the CR and don't notify me in writing w/in 5 days, I have them on a violation that I can use to push for permanent deletion with, right?

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