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Anything else I can do to get my score up?


1chance2dream
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So here is a breakdown of everything on my credit:

-My Current car which I have never ben late on and is all in good standing. (woohoo :D)

-My student loan with BofA which I defaulted on and they sold to a CA to which I then ended up paying BofA full amount without asking them to change status so BofA status says collection while the CA says paid collection even though I paid BofA so not sure if I can do anything about it. So have both BofA and CA on my credit report. This was from 07.

-I have a repo on my credit which should NOT be on my credit and me and the company go back and forth. They have sent me TWO letters stating the account balance is zero and they even agreed to update my credit report which they mostly did, the updated it to paid as agreed and took the amount off and put it as $0. Well few weeks ago I was looking at my credit and realized they still had the credit history as a charge off so I disputed it, well they put everything back as it was and sent me a letter stating I had a balance. So really not sure what to do?...This was from a car accident in 07 where my car was totaled-not my fault so the other company agreed to pay my car off and when I spoke to the finance company (company on my credit report) they even stated the title had been sent to the insurance company...and I also had gap insurance so not sure why I would have had a balance? Anyway what else can I do to get this company to correct their inaccurate information?

-I have a credit card from BofA from 07-08 and I made my first payment. Lets say the minimum payment was $50 well I made a $200 payment and my next bill was still over the orginal balance...or something so I stopped paying because how was I ever going to pay it off if paying above the minimum wasn't puttin a dent in it? I am currently going to trial for this credit card which is becoming an extremely hard fight and I am not very positive I am going to win. BUT I don't want to pay BofA until at least I can try to get this law suite thrown out...I refuse to pay a junk buyer!! Well BofA status on my report is sold

-I just got a low balance credit card. First months balance was the yearly fee which I paid in full.

I really want to start fixing and getting my credit score up I am just at a loss on what to do next. Should I start using the credit card and putting small balances on it and paying it off every month? How do I fight the repo at this point? I want to make everything right xangelx and be a good credit citizen. Any advice or suggestions? :?::idea::!:

Edited by 1chance2dream
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On the car issue..send a dispute letter to the credit reporting agencies (CRA) that are reporting it and to the company that is reporting the deliquent account. Send it US postal service Certified Mail with Return Receipt Requested. Make copies of all letters you received from this company and send them with your dispute. Keep a copy for yourself. Then in your letter request the CRAs provide you with the method of verification. They have thirty days to investigate the dispute. Wait for it to come back and see what happens. Also it looks like you have a FCRA suit if original creditor or a FDCPA suit of it is a collections agency or junk debt buyer. Wait and see if they update it with the CRAs, but changing a paid as agreed to a charge off, is another story. First you need to allow the company to correct their error..if they don't, sue them!!

If you need a copy of a dispute letter, I have one my attorney gave me. Just PM me.

With BofA, Midland Funding should be easy to fight. Midland owns the debt. Thats all that Midland does is buy default debt from creditors. Start another post with the complaint, your answer and any motions made. If you tailored your answer properly, you should be able to beat them.

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Also see if a friend or family memeber can make you a AU on one of there credit cards.I hear that also ups your credit score.Good luck.I also have to deal with Midland.SOL just ran out in Sept.I think im going to give them a few months b4 I open that can of worms.

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BMC100 I actually just sent a letter to Equifax stating they are reporting the information inaccuratly and want an investigation into the account done and I did attach the $0 balance letters to the letter to Equifax and the letter from the company which was vague, just said they would fix my credit but to give them 30-60 days to reflect such but it didn't say what they would fix (this was a letter that was sent 60 days ago). So I guess at this point I want to see what Equifax sends back after their investigation and I guess I can go from there...But this really has been such a fight with this company!! Really over $573, if I truly believed I EVER owed it I would have just paid it but I have called multiple times and they have told me I have a $0 balance with that account and I am not going to pay something I KNOW I don't owe.

Cali11-I have heard that and I guess I can start asking around the reliable family lol

And for AZ the statue is 3 years so technically it ran out in March of this year so I just did my summary judgment and stated that in there...so we will see. I just told the lawyer that I will fight this to the end and we have our trail date in early Nov. and they have a "witness" and this Lawyer is NOT backing down but I got granted to file a counterclaim so woohoo! I will post a new thread in the is there a lawyer in the house sometime this week and tell my little ordeal with them so far...it has been a fight for sure!! Good luck to you!

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So Equifax has not responded to the letter you sent them in roughly 60 days? Did you send it certified mail with return receipt requested? If this is the case, then any consumer law attorney will sue Equifax and force them to update it or delete it from your credit file. Under the FCRA a reporting agency has 30 days to respond, 45 days if you supply them with additional information. If you sent a letter 60 days ago and they have not responded, then sue them.

Now on this Midland suit. What have they provided to you in the form of any evidence?..Remember they own the debt.

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Oh no no no sorry the letter was FROM the auto finance company stating they would fix the information on my credit but to give them 30-60 days and the 60 days is up from that letter BUT after that letter they did fix everything BUT the credit history so that is when I disputed the credit history and they responded by putting EVERYTHING back on my credit. QUESTION: aren't they suppose to inform me when they are going to put negative things BACK on my credit because they DID not inform me they just sent me a letter stating I have a $573 balance even though previously I have TWO letters stating the account balance is $0...but they did not inform me they would be putting all the negative information back on my credit after they had already fixed it. I just thought they had to inform you when they put negative information on your credit?....

The Midland suit- they provided a affidavit from someone from their company, a credit card agreement from 1999 and from their summary judgment they state they have a copy of the account history even though I have yet to see that even through discovery and my request for documentation. I just sent off my own summary judgment and an opposition to their summary judgment.

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Oh no no no sorry the letter was FROM the auto finance company stating they would fix the information on my credit but to give them 30-60 days and the 60 days is up from that letter BUT after that letter they did fix everything BUT the credit history so that is when I disputed the credit history and they responded by putting EVERYTHING back on my credit. QUESTION: aren't they suppose to inform me when they are going to put negative things BACK on my credit because they DID not inform me they just sent me a letter stating I have a $573 balance even though previously I have TWO letters stating the account balance is $0...but they did not inform me they would be putting all the negative information back on my credit after they had already fixed it. I just thought they had to inform you when they put negative information on your credit?....

The Midland suit- they provided a affidavit from someone from their company, a credit card agreement from 1999 and from their summary judgment they state they have a copy of the account history even though I have yet to see that even through discovery and my request for documentation. I just sent off my own summary judgment and an opposition to their summary judgment.

That Motion for Summary Judgment should not fly with the court, if what you saying is the whole truth, they have not proven anything. You need to file your objection to summary judgment and state a solid defense as to why the court should not rule in MIdland's favor.

Then, you need to do is submit a motion to compel discovery. Basically you are telling the judge, I submitted discovery to the Plaintiff's attorney, they never responded. Now, rule that they have to respond to my requests.

Also, you did not even have the account in 1999 from your post. They have to provide you with the agreement at the time that you applied for the account and all amendments there after while the account was open. They will not be able to do that.

Third, they need to establish ownership of the account by providing you a bill of sale showing your specific account was bought by Midland.

Fourth, if they are trying to sue you on account stated theory, they need to provide you with billing statements from a $0 balance to the last month the account was open. Under Truth-In-Lending, it is up to the credit issuer to show that all transactions were authorized by the card holder. They will not be able to get all of those statements. OR A complete account history from the date of issuance to the date of last open including but not limited to:

1) The offer, 2) the acceptance in strict compliance with the terms of the offer 3) each party’s consent to the offer, 4) execution and delivery of the contract or agreement with the intend that it be mutually binding, 5) A meeting of the minds

Fifth, to sue on a breach of contract...For each agreement you contend was offered and accepted by the Defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in the in any terms of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered and accepted by the Defendant

Sixth, Do not deny the affidavit of the employee from Midland, but rather attack the fact that they are not the original creditor and how can a third party debt collector know if it was the practice of the original creditor to keep business records during the regular course of business. How do you know that the amount you are claiming is correct and there was not any billing mistakes made by the original creditor....They could not answer those questions.

Seventh....Challenge any documents created by Midland that would not be considered an original or duplicate copy of a business record.

Last research AZ caselaw and find cases where the courts ruled in favor of your position.

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I am posting a new Thread in is there a lawyer in the house now named -my personal experience with Midland Funding LLC- and it will tell you start to NOW where I am at-and it will be a LONG thread!! Thanks for all the advice BMC100!! I truly appreciate it! But if you go to that new thread you will see where I am at with Midland.

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Anyone else have any advice on what I can do to increase my credit? Should I pay off my current car? Am I just going to have to keep making payments on my car and credit card...? Should I get another credit card?...

Paying off installment credit will not do anything for your score. That only works for revolving credit (i.e. credit cards).

You will not have an easy time getting credit cards with your credit history. But if you have some funds available, instead of paying off the car, you can try applying for a secured card. Be cautious which secured card you apply for since some of them will turn you down or have outrageous fees. And most of the unsecured offers of credit you get in the mail have high fees (if you don't have great credit).

Bankrate.com used to have a long list of secured cards, but I see that business must have tanked a bit. There are very few on their list now: Secured by Bankrate Cards

Wells Fargo has one too: https://www.wellsfargo.com/credit_cards/secured/

Citi has one. but I hear they turn down a lot of people: https://creditcards.citi.com/credit-cards/citi-secured-mastercard/

Before you apply, try to find out what their requirements are to avoid unnecessary inquiries and turndowns.

To keep your score at the highest, keep your card balances no greater than 50% of credit limits. 30% would be better.

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Paying off installment credit will not do anything for your score. That only works for revolving credit (i.e. credit cards).

You will not have an easy time getting credit cards with your credit history. But if you have some funds available, instead of paying off the car, you can try applying for a secured card. Be cautious which secured card you apply for since some of them will turn you down or have outrageous fees. And most of the unsecured offers of credit you get in the mail have high fees (if you don't have great credit).

Bankrate.com used to have a long list of secured cards, but I see that business must have tanked a bit. There are very few on their list now: Secured by Bankrate Cards

Wells Fargo has one too: https://www.wellsfargo.com/credit_cards/secured/

Citi has one. but I hear they turn down a lot of people: https://creditcards.citi.com/credit-cards/citi-secured-mastercard/

Before you apply, try to find out what their requirements are to avoid unnecessary inquiries and turndowns.

To keep your score at the highest, keep your card balances no greater than 50% of credit limits. 30% would be better.

Making timely payments on an installment loan may not help your score as dramatically as timely payments on credit cards, but it will help.

In addition, when a potential creditor, especially one with whom you're seeking an installment loan, sees timely payments were made on a past loan, it can make a difference to that creditor.

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