I really need some advice on this delima with OC

[stancil1]

I used to work for a lender (2002) that provided me with several loans. I noticed about a year ago that they were reporting on my file with EX that I had a charged of account with them so I disputed with the CRA and then requested that they (the OC) verify, which they refused. To this point, I have recieved several typical letters from them stating that it won't be removed until I pay it, and they have recieved several typical demands for proof of the debt from me. I thought that I had paid everything off. I didn't know what this was for and they wouldn't provide me with anything. I sent them an ITS several days ago, they have numorous violations (verifying while in dispute, failing to mark the account in dispute with CRA etc). Yesterday they finally sent a contract showing where I had purchased some furniture and they were the lender. I still owe 247.00 on this account. This is all I wanted in the first place. But here is the problem. Their letter states the following.

Enclosed is a copy of your contract. Based upon our investigations, including numorous documents (spreadsheet and a screen print is their numorous documents) provided to you in the past few weeks, it is evident that the debt referenced in your account is accurately reported. In the event you still dispute, please provide the basis for your dispute.

I would also like to remind you of a $5000.00 advance given to you on March 7, 2002. Attached is a copy of the check [it is my understanding; As I recall.;] you requested money from our company to help pay for legal bills associated with BLAH BLAH BLAH BLAH. Upon my review of our records, it is appearant you never made any payments toward this advance. I trust you made the appropriate reporting requirements to the Internal Revenue Service.

Currently you possess significant outstanding debt in favor of our company, which we chose not to pursue in litigation. With this in mind, I would expect you to be more gracious when addressing your unsubstantiated allegations against our company. Further, I would ask that you become more familiar with the applicable statutes and take greater care in making legal assertions of liability concerning our company.

I also note that courtesy copies of your letters are being sent to a law firm in Shreveport, Louisiana. In the event you are actually represented by counsel, please advise immediately. Upon notice of same, we are required to communicate directly with cousel.

In the event you decide to pursue this matter further by filing suit, please be assured we will defend the claim vigorously and pusue a claim against you for filing a lawsuit in apparent bad faith and for the purpose of harassment.

First of all the $5,000 was a bonus and although this was not typically the amount of my bonuses, it was still part of my pay plan. This is probably why they chose not to pursue litigation. Anyway, any comments or input on how to proceed would be helpful.

[MadinKS]

Wow, you got them pissed didn't ya? Are they reporting this $5000 "advance"? If it were me, I would cut my losses and negotiate the $247. I don't think that you have any room for PFD so I would just pay and move on. They obviously have the proper proof and aren't going to budge, so decision time. IMO, pay and get the F out. JMHO though. Best of luck to you.

[stancil1]

They never reported the 5000.00 or any thing like that and their other letter stated that they would remove it if I payed the 247.00

I suppose I did get them a bit perturbed!

[MadinKS]

PFD my friend. PFD.

[MountainDude]

Do you have anything to prove that the $5,000 was a bonus? Like a check stub stating "bonus"? As long as you didn't sign anything, you should be all right.

It sounds to me like they are trying to scare you. If I were you I would call the guy who wrote the nasty letter and tell him:

1. I'll pay the $247;

2. In return you will delete upon payment;

3. We both know that $5,000 was a bonus, but with you're stupid statement about it being an advance, now I will need a release for that too;

4. Or else I'm going to report you to every governmental agency that you are making up collection actions. Man, do you know how many Federal and State statutes you violated by claiming that $5,000 bonus was an advance? I'm just glad you put it in writing in you're letter to me....

j

[stancil1]

Yes, I can prove it and they know it...Nothing has ever been said before about it and it certainly isn't on any of my CRs. I think more than anything, it was a feable attempt at threatening me... Anyway, I'll just pay for delete, even if I don't, it's due to fall off in early 2009 and probably isn't effecting my score that much.

[MustangAl67]

So, are they saying basically we gave you 5k tax free income? I don't understand their threat.

[MountainDude]

Their threat is that instead of admitting they gave stancil 1 a $5,000 bonus for work performance, they're going to say they advanced him 5,000 (which he would have to pay back), in order to get him to pay the $247. They're trying to gain leverage on him. If he knows that it wasn't an advance, then they know it too. And if you know the truth, threats don't do $hit.

I'ts illegal and wrong anyway you look at it.

j

[stancil1]

Exactly MountainDude,

All I wanted though was for them to prove to me that I did in fact have an outstanding amount and what it was for. The VP of this little company is very arrogant and thinks he's always right and doesn't like to be proved otherwise. I used the law to prove him wrong as well as threaten suit unless he followed the law. Anyway, he finally provided me with a copy of the contract and it does appear that they are reporting correctly. I am in the process of writting a 2 part RE letter and check to send them for a PFD of which they have already agreed to, I just want to cover all bases. I wonder if, once the TL is payed and removed, I could go after them for the violations. I wouldn't normally do this but because he attempted to threaten me, he brought up unneccessarily, the past (my need for legal fees) just in an attempt to intimidate me. Just curious !

[MustangAl67]

People like that make my blood boil, would go after him for the principal of it (if you have the legal grounds to). I am in a simlar situation with my old landlord who is refusing to return our security deposit. She thought she was the queen of the street telling people where she could park. Sorry to get off track. If you know it is a bonus and then know it is a bonus then their threats are useless. It sounds to me like they were alos trying to insult you with the legal issues you had.

[MustangAl67]

PS Read the post again. I didn't think OC's had to verify a debt.

[MountainDude]

If you pay the $247 and they delete the TL, I wouldn't mess with that TL anymore. You wanted it removed, its removed, everyone is happy concerning that TL.

However, I would still be bothered about their threat regarding the $5000. It is a big deal for a lender to purposely misrepresent themselves and their information. And in your case, they did it in writing.

I think I would probably writie the mean VP a really nice letter. First I would thank him for providing the contract information for the $247 transaction, and thank him again for TL delete upon payment. Then I would apologize about the letter threatening lawsuit, and explain that you really felt there were no options left, b/c you requested it in the past numerouse times. Then, I would go into how the $5000 was an bonus (if you have any written proof, attach it to the letter to the VP), and politely ask him to send you any information they have on the $5000 being a advance to you. I wouldn't quote any laws or threaten suit, just attmept to kill him kindness and see how he responds.

From his response you'll know exactly what cards he is holding. He'll either supply proof that the $5000 was a loan, or he won't. If he doesn't supply the proof and it is clear that he is lying to you, I would write letters to his superiors (President of the Company, Board of Directors). They probably do not know, and would not agree with his actions in lying to you. Most lending companies do not act in the manner that the VP acted towards you. And it would be interesting to see how his superiors respond. I have to believe that the President of the Company and the Board of Directors would be able to identify violations causing liability to them.

A good thing to remember is that everything boils down to evidence. Your correstpondance to the lending company, and their correspondance back to you is evidence. And it is always nice to have a piece of evidence showing that you're a kind soul, who is just attempting to take care of his obligations.

I could go on, but this is too long already.

Stancil this is a really interesting set of circumstances, keep us posted on what you're planning to do.

j

[MountainDude]

...and I forgot to mention, I wouldn't send the letter to the VP UNTIL AFTER THE $247 TL IS DELETED....

j