Jump to content

Having problems settling your credit card?


sifxpert
 Share

Recommended Posts

AHA!!! You have him by the short-hairs then!!! Because HE DOES NOT REPRESENT DICKOVER CARD!!!!! He represents Credigy, they OWN your debt now, Dickover Card sold your debt, got IRS relief from it as a write off, so they CANNOT collect any of the money at this point without having to pay taxes!! Did you keep the dunning letter???

BTW: Where do think I am doing this from? Not some sandy sunny beach, thats for damn sure!!! *hope my job isn't watching* I work for a bank, but it is SO slow here, this is what I do when I don't make phone calls or deal with customers.

Link to comment
Share on other sites

Your a working stiff just like me - got it. I do understand.

I ABSOLUTELY have the dunning letter. So, you are saying that by virture of there misrepresentation alone, I could ensure a legal victory in court?

Man, I hope some of the heavyweight legal minds on this board are reading this. I'd like to get their take on all this. (Not to take away from your major contibutions of course.)

If I prepare my letters to the CRA's and provide them copies of all certified letters I have sent out, along with specific law that shows the descrepency, ya' think that might convince the CRA's to throw everything (Asses and Cred-dirt-gy) out?

:shock: <--- these icons are so cool by the way.

Link to comment
Share on other sites

Not one of the greatest legal minds, but I can tell you this...

1. there are folks here that claim to have sued in small claims court for similiar violations. Sometimes, just preparing the ITS letter along with a filled in court document was enough to scare the CA away. This probably isn't enough to make the debt go away for ever...the CA might just turn around and sell it to another JDB.

b. Sending this to the CRAs will not accomplish anything. The CRAs don't care...they just report what they're told.

Link to comment
Share on other sites

Ok, understood.

So, "convincing" the JDB's to go away, by virtue if an ITS letter might cause them to report back to the CRA's and say "please delete this from this guy's credit report"?

Please let me know if i am understanding you correctly.

Also, what part of the law does it stipulate that misrepresentation - via the dunning letter - is grounds for a lawsuit? i will be sure to present this to my attorney so that we can move forward.

Link to comment
Share on other sites

sifxpert, I had a cc with citibank that was sent to collections. The card was an AAdvantage Business card. Since it was listed as a business card with me signing for it, they didn't report business cards to the CRAs. However, the collection showed up on my credit report in Sept. of 05. Credit One, LLC is the collection company that now has the account. My balance with citi was roughly 15K, I believe they (credit one) last offered to settle for 9K. I have not corresponded with them at all. Please advise.

Also, should I send them a DV letter?

Thanks in advance.

Link to comment
Share on other sites

SRussell: In your ITS letter, you should demand they remove themselves from your CRs. As for grounds, you need to read the menu items at the top that talk about the FCRA and the FDCPA.

Chucky: The FDCPA (and the DV process) doesn't really apply to "business" debt. However, I personally have had some succes using it for business debt when the CA reports on my CRs...CAs aren't always up on the law, and will often back down because they don't want to be bothered dealing with a debtor who knows their rights. However, you have to realize that for a business debt that large, there's a good chance the OC will just hand it off to another CA...and maybe even sue...

Link to comment
Share on other sites

Not one of the greatest legal minds, but I can tell you this...

1. there are folks here that claim to have sued in small claims court for similiar violations. Sometimes, just preparing the ITS letter along with a filled in court document was enough to scare the CA away. This probably isn't enough to make the debt go away for ever...the CA might just turn around and sell it to another JDB.

b. Sending this to the CRAs will not accomplish anything. The CRAs don't care...they just report what they're told.

Regarding #2, shouldn't the CRA's (prepare to laugh) perform an investigation of my claims before simply dismissing them?

Isn't #2 of the "1-2 punch" to present your case to the CRA's once the CA's have been DV'ed?

I've DV'ed the CA twice, but don't expect to hear anything. So far, it seems that the tradeline is still reporting as verified - I'll know for sure when I get my hard copies back.

Oh well. I'll just keep plugin' away. Thanks for your input.

Link to comment
Share on other sites

somebody here posted a copy of the "investigation form" (with their info removed) and all it shows is "This is what he says, is this right, or are you right? Check this box if all is correct." So, basically, there is NO exchange of info, nothing going back and forth between the CRA and the CA's, except for one little form letter style form that provides for no proof of their side, and doesn't present the info the CA as anything other than "not mine".

Link to comment
Share on other sites

The answer to both your questions is this: The CRAs normal method of investigation is to ask whoever is supplying the TL electronically "is this valid". In most cases they don't even read the reason you are asking for the investigation. So, if the CA still expects to collect from you AND you haven't given them any reason to cease, they will respond (again, electronically) with the same old same old.

And, the principal behind the 1-2 punch is...when you send a DV to a CA, they are supposed to mark their TL "in dispute" while they are getting the DV info from the OC. Many don't. So...you wait 5-10 days, and send a copy of your dispute to the CRA stating, in effect, "I disputed this and the CA hasn't responded, so clear them from my CRs". Sometimes that's enough to get it cleared....other times you have to follow up with an ITS to both the CA and the CRA.

Link to comment
Share on other sites

Chucky: The FDCPA (and the DV process) doesn't really apply to "business" debt. However, I personally have had some succes using it for business debt when the CA reports on my CRs...CAs aren't always up on the law, and will often back down because they don't want to be bothered dealing with a debtor who knows their rights. However, you have to realize that for a business debt that large, there's a good chance the OC will just hand it off to another CA...and maybe even sue...

I understand that with a business debt its different but, they sent it to collections with both (personally and in the business name). The business has been closed. So, can I dispute this personally? If so, is there a downside to doing so?

Link to comment
Share on other sites

I'm in a similar situation with business debt. If you were incorporated and didn't sign a personal gauranty, you should be succesful in removing this from your personal credit history. You'll probably have to fight them either way. The debts of this type I've dealt with so far were disputed with the OC and went away quickly. They were small sums.

Good Luck

Gettinout

Link to comment
Share on other sites

The answer to both your questions is this: The CRAs normal method of investigation is to ask whoever is supplying the TL electronically "is this valid". In most cases they don't even read the reason you are asking for the investigation. So, if the CA still expects to collect from you AND you haven't given them any reason to cease, they will respond (again, electronically) with the same old same old.

And, the principal behind the 1-2 punch is...when you send a DV to a CA, they are supposed to mark their TL "in dispute" while they are getting the DV info from the OC. Many don't. So...you wait 5-10 days, and send a copy of your dispute to the CRA stating, in effect, "I disputed this and the CA hasn't responded, so clear them from my CRs". Sometimes that's enough to get it cleared....other times you have to follow up with an ITS to both the CA and the CRA.

This is true, its called "E-Oscar", and there is a a copy of the paper version as well on this board, under the "Disputing With Creditors" link above!

Link to comment
Share on other sites

I understand that with a business debt its different but, they sent it to collections with both (personally and in the business name). The business has been closed. So, can I dispute this personally? If so, is there a downside to doing so?

Like I said a few posts back, I have had some success DVing a CA who was trying to collect on a personally guranteed business debt. They gave up, and handed it back to the OC...who ultimately wound up suing. So, if what you're trying to do is buy time...then there is no downside to using the DB process. On the other had, because if it was personally guranteed, it really is your personal debt now, regardless of whether there was a business involved, and the FDCPA probably doesn't apply, your options are limited.

Link to comment
Share on other sites

What happens when you have 2 accounts with Providian? Well I posted in this forum, but Sixpert only replied about DMB, but not Providian!

OK, I have 2 Providian accounts, I settled one directly with them and payed it, it's done.

My questions is about the 2nd account. It's about 2,000. It is due to charge off in about 49 days. Will they mail me a settlement offer? Or are they less likely to now because I payed the other account off?

I want to just pay $1000 and call it good, but I called and they said no offer right now, and no letter has came. How long should I expect to have to wait?

Link to comment
Share on other sites

did you pay off the other one in full, or did you take a settlement? If you took a settlement, maybe they will be more willing. Always offer LESS than what you are willing to pay. That way, when they hit you with a counter-offer you have room to wiggle. You want to pay $1000, offer 700 and tell them you are willing to negotiate with them.

Good luck!!!!! Avoid the charge-off if you can, since paying them off after charge-off never really helps your credit unless you pay the full amount, and usually by that point you get someone like Credigy who blows up the amount by 2 to 3 times after only paying 5 cents on the dollar for your debt.

Link to comment
Share on other sites

did you pay off the other one in full, or did you take a settlement? If you took a settlement, maybe they will be more willing. Always offer LESS than what you are willing to pay. That way, when they hit you with a counter-offer you have room to wiggle. You want to pay $1000, offer 700 and tell them you are willing to negotiate with them.

Good luck!!!!! Avoid the charge-off if you can, since paying them off after charge-off never really helps your credit unless you pay the full amount, and usually by that point you get someone like Credigy who blows up the amount by 2 to 3 times after only paying 5 cents on the dollar for your debt.

It was a settlement. I'm just suprised I have not receieved an offer on this second account yet, I'm getting Antsy...

Link to comment
Share on other sites

I saw on one of your previous post that if you DV a Citi CA they will pull it and file suit. I read that too late and DV a CA for Citi and now the account is with a Law Firm. I live in Texas and the SOL is not up. How can I settle this I don't want to go to court. Can I get on a repayment plan with Citi? I owe them 20K. Can you help me?

Thanks

Link to comment
Share on other sites

Ok, who is the CA? Who is the lawfirm? When did you make your last payment? How many CA's have owned it before and who were they? When did your account charge-off?

I will try to offer as much advice as I can. But, you may have to go to court. Do not be afraid of court, however. You have a voice in court, and you can present your case. If they don't have any proof, (more than likely they don't) then they can't proceed with the case. All you would have to do is bury them in paperwork.

If they DO sue you, check your finances, see if you can afford a good attorney with www.naca.net what city are you in? If you live in the Houston area, Jim McMillen is the best in the city. www.consumerlawoffice.com

Let me know the answers to my questions asap. don't worry, it is not as bad as you think it is. I worried with the scumbags at Credigy for over a year, but I successfully chased them back under the rock from wence they came.

EDIT: Oops! Was this for me? Or for the guy who started this thread? I thought this was one of my threads until I saw my answer!!!

Link to comment
Share on other sites

It was with United Collection Bureau. The law firm is McCleskey, Harriger, Brazill, & Graf. The account charged off in Aug 2005 and since then Citi has added about 5000 dollars in interest. I DV the law firm and disputed the amount owed and they sent the following letter.

I have received and reviewed you letter and I am now advising you of the denial of any inaccuracy regarding your account. We have confirmed that this is your account. In addition, I am providing you with verification which meets the legal requirements provided by law. Specifically, 15 USC 1692G( provides, in part, as follows:

If the consumer notifies the debt collector in writing within the thirty day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the orignial creditor, the debt collector shall...[obtain] verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgement, or name and address of the original creditor, is [to be] mailed to the consumer by the debt collector.

The foregoing provision has been interpreted as follows:

Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detialed files of the alleged debt. Consistent with the legislative history, verification is only intended to "eliminate the ... problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid." There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt. Chaudhry v. Gallerizzo, United States Court of Appeals Fourth Circuit, 174 F. 3rd 394, 406.

In light of the foregoing authorites, I am supplying you with this letter as verification of the above-referenced information. I will gladly consider any legal authorites you might provide which indicate that I am required to provide any additional information.

Thats all I have so far. The Law firm is in Lubbock TX. I haven't heard from them in about 6 weeks,

Thanks

Link to comment
Share on other sites

Who owns the debt now? The CA, CitiBank, or the lawyer?

If the CA bought the debt rather than collecting FOR the debt, then demand validation "I want proof YOU own the debt".

I would seriously call a lawyer. My situation was so much different than yours. I was charged off 5 years ago, and the debt has been passed to several CA's who purchased the debt. I have never had to deal with the OC.

Call a lawyer in your area at www.naca.net who can offer some more competant legal advice.

Link to comment
Share on other sites

Awesomely informative thread. Thanks to all for being so generous with your time and knowledge.

sif,

Do you have any good friends or contacts at Cap 1 or HSBC that would be willing to work out reasonable settlements? :D

Link to comment
Share on other sites

Awesomely informative thread. Thanks to all for being so generous with your time and knowledge.

sif,

Do you have any good friends or contacts at Cap 1 or HSBC that would be willing to work out reasonable settlements? :D

Are your accounts charged-off or are they headed that way? I wanna settle some COs.....

Link to comment
Share on other sites

They are both already charged off. If I'm looking to the right place for DOLA on EX (Date of Status?), Cap 1 is listed with a 5/2005 date and HSBC is listed with an 8/2005 date. I have not had any contact whatsoever with either since mid to late 2004. Re-aging?

Cap 1 shows $758 written off and $901 past due.

HSBC shows $1360 written off.

Link to comment
Share on other sites

They are both already charged off. If I'm looking to the right place for DOLA on EX (Date of Status?), Cap 1 is listed with a 5/2005 date and HSBC is listed with an 8/2005 date. I have not had any contact whatsoever with either since mid to late 2004. Re-aging?

Cap 1 shows $758 written off and $901 past due.

HSBC shows $1360 written off.

I don't think it is re-aging but it's worth a try....keep me in the loop about what you decide. I have already disputed the tradelines, but I would be willing to settle just to get rid of the balances.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...