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Making progress, but still need assistance. (Kind of long)


lilcop2002
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Thanks goes out to all of you!!! I hate to have created a new Screenname, but I was locked out of the old one and I had no option. Daddytotaylorb

As of yesterday afternoon, I was able to get an incorrect C/O changed to a paid as agreed. My car was totaled and WFS Financial left the paperwork on their desk for a reimbursement request for 5 weeks! I challenged them on it and I received the letter of request yesterday!

Yesterday afternoon, I made contact with the dentist that sent me to collections and they called it back from collections and will be sending me a letter of agreement for payment!

I made contact with Providian and HSBC to ask them about settling my C/O accounts. Providian advised me that my account had been sold to Sherman Financial and HSBC advised me that the account was sold to Arrow Financial. :x

From the research that I've done here, they are both JDB and as soon as the dunning letter arrives, I'll need to DV them. Should I go ahead and DV them now or should I wait until I get the letter? Are they really as easy to DV as some make them out to be or are they as evil as the others make them out to be? I'm confused and I can't really find too much information after searching and reading for about a week.

I've already made contact with Providian and HSBC's Collection departments and I've spoken to their managers about settling the accounts to which they've all told me that they sold all rights to the accounts and are unwilling to help. I'm going to reattempt making contact with another manager to see what happens. I've also sent an email to Joseph Saunders,CEO at Providian, and was contacted by Carlos Argueta. Mr. Argueta also advised me that he was pretty sure that my account was out of his hands now.

How should I go about getting the Providian and HSBC accounts settled?

Thanks for all of your help,

SSgt Mc

USAF Security Police

Somewhere in the Middle East

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This is what's showing up on my credit report. Per TU and EQ. I've not had a chance to get my EX CR yet. The sells to Sherman Financial and Arrow Financial hasn't shown up yet. I have gotten a DV letter ready although I think that it's going to be a little while before I can actually send it. The way that I've got it written out is that I saw them on my CR. Any further advice?

On the Repos, I've got a JAG officer working on the UCC violations for me. The bastards are hiding from him now... :twisted:

Per TRANSUNION

HSBC BEST BUY #7001XXXXXXXXXX

90 CHRISTIANA RD

NEW CASTLE , DE 19720-3118

(302) 327-2000

Balance: $1,056

Date Updated: 10/2005

High Balance: $1,056

Credit Limit: $0

Past Due: $0

Pay Status: >Charged Off as Bad Debt<

Account Type: Revolving Account

Responsibility: Individual Account

Date Opened: 07/2002

Date Closed: 08/2003

Loan Type: Charge Account

Remark: Dispute resolved - customer disagrees

Estimated date that this item will be removed: 07/2010

WASHMTL/PROV #4185XXXXXXXXXX

PO BOX 9007

PLEASANTON , CA 94566-0490

Phone number not available

Balance: $0

Date Updated: 10/2005

High Balance: $1,433

Credit Limit: $1,000

Past Due: $0

Pay Status: >Charged Off as Bad Debt<

Account Type: Revolving Account

Responsibility: Individual Account

Date Opened: 01/2003

Date Closed: 06/2005

Date Paid: 10/2005

Loan Type: Credit Card

Remark: Account closed by consumer

Estimated date that this item will be removed: 05/2012

PER EQUIFAX

BENEFICIAL NATIONAL BANK

PO Box 15518

Wilmington, DE 198505518

(302) 478-9056

Account Number: 169601-XXXXXXXXXX

Current Status: COLLECTION ACCOUNT

Account Owner: Individual Account.

High Credit: $0

Type of Account :

Revolving Credit Limit: $0

Term Duration:

Terms Frequency: Monthly (due every month)

Date Opened: 07/2002

Balance: $1,056

Date Reported: 09/2005

Amount Past Due: $175

Date of Last Payment: 11/2004

Actual Payment Amount: $0

Scheduled Payment Amount: $23

Date of Last Activity: 04/2004

Date Major Delinquency First Reported:

Months Reviewed:

Creditor Classification:

Activity Description:

Charge Off Amount: $0

Deferred Payment Start Date:

Balloon Payment Amount: $0

Balloon Payment Date:

Date Closed: 08/2003

Type of Loan:

Comments:

WASH MUTUAL/PROVIDIAN

PO Box 9007

Pleasanton, CA 945669007

Account Number: 4185XXXXXXXXXXXX

Current Status: CHARGE-OFF

Account Owner: Individual Account.

High Credit: $1,176

Type of Account :

Revolving Credit Limit: $1,000

Term Duration:

Terms Frequency:

Date Opened: 01/2003

Balance: $0

Date Reported: 10/2005

Amount Past Due: $0

Date of Last Payment:

10/2005 Actual Payment Amount: $0

Scheduled Payment Amount: $0

Date of Last Activity: 01/2005

Date Major Delinquency First Reported:

Months Reviewed: 2

Creditor Classification:

Activity Description: Transfer/Sold

Charge Off Amount: $0

Deferred Payment Start Date:

Balloon Payment Amount: $0

Balloon Payment Date:

Date Closed:

Type of Loan: Credit Card

Comments:

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OK.

These are all Original Creditor's listed. The good news is that the Collection Agencies will have to dun you before adding additional TLs. The bad news is that they may ready to validate because the charge-off are realtively new.

What I would do is:

Keep that DV handy for the minute that you get a dunning letter from a CA.

Also:

1. DV the original creditors- they most likely won't repond. If they validate, then you are out of luck. If they don't repond, dispute the TL with the CRAs.

2. If they TLs are verified by the CRAs but they still haven't reponded to your DV, call the original creditor. TRY TO RECORD THIS CALL IF POSSIBLE. Tell the original creditor that you have found an inaccurate item in your credit report and are wondering if you can get the records for your account number. They best thing they can say to you at this point is and esp. if you are recording is "I'm sorry there are no records available for this account" or "we've purged all records pertaining to this account." Make sure to take the name of the person down.

3. MOV the CRAs, telling them that you can't understand why they are able to verify this TL since you hve spoken to the OC and they have no records. Include any evidence you have, especially recorded phone calls, and copies of any DVs and CMRRR you have sent to the creditor.

If you are lucky, then the CRAs will remove the TL, if not do 1-3 another time. The reason? You are gathering violations against both the OC and CRAs and showing that they're violations are willful since they have done it all a second time. Finally, if the OC is telling you there are no records, but the CRAs keep verifying, get ready to sue the CRAs for non-compliance.

Getting OC TLs removed is probably the hardest part of credit repair. This is because you end up targeting the CRAs for violations, instead of a CA who won't validate.

Hope this helps!

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  • 2 months later...

After a few months of back and forths with different people and agencies, I was able to get my 2 repos removed, got my CA for a bad dental bill removed, and I was able to get the incorrect chargeoff changed to pays as agreed.

I had to ITS letter 3 different agencies which were sent out a few days ago. I'll see what happens from there.

I'm still waiting to see how my DV with Arrow, Account Solutions Group, and Sherman is going to go...

Looking at my last credit reports, I know that I can't allow a CA to list my account as past due, CAs don't have a permissible purpose to pull my credit, and I see that I've got 2 different account numbers for the same company. HSBC isn't reporting accurately nor are they helping me in any manner with my disputes. They keep coming back with the fraud letters...

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Admin,

I've got that information printed off and studied more times than I really care to count. I've already gotten the listing disputed 3 times and verified 3 times. I'm waiting until I get my final exam for my military career development course completed on Saturday before I get that letter filled out and sent out CMRRR.

Do you or anyone else have any input on how to handle HSBC or Washington Mutual/Providian? As I said, I've sent a goodwill to Carlos Argueta of Providian and he told me to buzz off. I've disputed them both 3 times each and have come back verified 3 times each. I've spoken to their CSR who told me that they won't give me any information about my account as it's been sold to JDBs. I've also found that they are listing 2 different account numbers on my CRs. A number on Equifax is different from the one on TransUnion. How do I go about disputing that? Should I hit the CRAs with disputes about one number supposed to be the other number? I'm lost with this one.

The letter that needs to be sent out will be sent ASAP. I know that we typically shy away from using form letters, so I know that I need to alter it to fit my needs, but should I leave the law information in it or junk it? I see it as being 2 pages too long due to 2 pages of extra laws.

COP

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In all honesty, I'm not sure. It's been so long since I've even done anything with this account that I don't know. I've looked at the credit reports and the only thing that I can recall about them is that the one that starts with 1 instead of 7 seems to be the erroneous number.

How should I dispute that?

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There is a case out of Hawaii that says that sending two letters with two different account numbers is "unfair" and "deceptive" and violative of the FDCPA, (so this only applies to debt collectors). I'd think if they have two account numbers for one debt on your CR then this case's holding can apply, and bingo, you have an additional violation and SOLID PROOF right on your CR...

The case is:

Guerrero v. RJM Acquisitions, LLC, 2004 U.S. Dist. LEXIS 15416 (D. Haw., 2004).

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  • 4 weeks later...

Well people, it's been a while since I've had anything to add to all of this noise, but Hudson & Keyse, LLC is starting to really piss me off. I'm therefore going to put up some TLs from various CRs from many dates. I'd like to ask you all to look over it all and give me some further guidance so that IF I have to go to court, I'll be able to have a better understanding of where I stand. I've lookat this over and over again and I'll post the items that I've come up with, but extra eyes always helps. This is long, but please bear with me...

TU dated 09/27/2005:

Hudson & Keyse INC #XXXXXX

328 Blackbrook Rd.

Painesville, OH 44077-1217

440 354 6971

Loan Type: Collection Agency/Attorney

Remarks: >Placed for Collection<

Date place for Collection: 08/2005

Estimated Date that Item will be removed: 12/2010

Balance: 1429

Date Updated: 08/2005

Original Amount: 1157

Original Creditor: Hudson Keyse LLC Assign

Past Due: >1429<

Pay Status: >Collection Account<

Account Type: Open Account

Responsibility: Individual Account

TU Dated: 11/15/2005

Hudson & Keyse INC #XXXXXX

328 Blackbrook Rd.

Painesville, OH 44077-1217

440 354 6971

Balance: 1452

Date updated: 09/2005

Original Balance: 1429

Original Creditor: Hudson Keyse LLC Assign

Past Due: >1452<

Pay Status: >Collection Account<

Account Type: Open Account

Responsibility: Individual Account

Loan type: Collection Agency Attorney

Remark: >Placed for collection<

Date placed for collection: [08/2005]

Estimated date that this item will be removed: 12/2010

TU Dated: 12/02/2005

Hudson & Keyse INC #XXXXXX

328 Blackbrook Rd.

Painesville, OH 44077-1217

440 354 6971

Loan Type: Collection agency/attorney

Remarks: >Placed for Collection<

Date placed for collection: 08/2005

Estimated date that this item will be removed: 12/2010

Balance: 1452

Date Verified: 10/2005

Original Amount: 1429

Original Creditor: Hudson Keyse LLC Assign

Past Due: >1452<

Pay Status: >Collection Account<

Account Type: Open Account

Responsibility: INdividual Account

TU Dated 12/13/2005

Hudson & Keyse INC #XXXXXX

328 Blackbrook Rd.

Painesville, OH 44077-1217

440 354 6971

Loan Type: Collection account/agency

Remarks: >Placed for collection<

Date placed for collection: 08/2005

Estimated Dare that this item will be removed: 12/2010

Balance: 1452

Date verified: 10/2005

Original amount: 1429

Original Creditor: Hudson Keyse LLC Assign

Pay Status: >Collection Account<

Account type: Open Account

Responsibility: Individual Account

The following information will help you to see what I've found:

Dunning letter lists account being purchased and balance at the time to be 1412 while the original balance shows to be 1429.

They received my DV letter on 09/08/05. The TU CR dated 09/15/05 doesn't show that the account is DISPUTED. I received a "Debt Validation letter" which is being REJECTED.

Debt Validation letter dated 9/26/05 states:

Named opened under:

SSN:

Original lender: {Original.Debt(Name Cap)}

Original Loan/Card number: XXXX XXXX XXXX XXXX

Date Account Opened: Nov 27 2002

Date Last Paid to original Lender: Jan 20 2004

Original Creditors Address:

Chase Bank USA, NA is the alleged OC according to their Debt Validation Letters. Chase Bank USA, NA is not on any of my 3 CRs from the 3 CRAs.

I used the account number and information from their dunning letter to contact Chase Bank's website. The account number that was given to me comes back as an error.

H&K received my DV Letter #2 on 11/16/05. TU CR dated 12/13/05 still doesn't show the account as being disputed, lists account as being past due $1452.

So far, the violations that I see are as follows:

Permissible Purpose: FCRA Section 604(A)(3) $1000

Not being marked as disputed: FDCPA Section 807(8) $1000 x3=3000

No Validation: FDCPA 809(B) and FTC opinion Letter Cass LeFevre $1000 x2= 2000

Continued Collection Activity: FDCPA 809(B) and FTCOL Cass from LeFevre $1000 x2=2000

Since they claim to be an OC, Can I hit them with FCRA Section 623 as well?

I do have some questions about this as well: Is there anyway to tell how the balance keeps increasing?

How can H&K claim to be the OC when they never gave me a penny?

Isn't it illegal for a collection account to show as past due?

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