Jump to content

Should I sit it out or dispute


Charlie72
 Share

Recommended Posts

I have 14 (this includes OC's and CA's) negative TL's on my EQ credit report and 11 on EX and TU. I am going off the Date of First Delinquency on the EQ because I'm certain its pretty close and and TU doesn't show last activity date on many of the accounts and EX is close to EQ's. All the dates on the negative TL's are the same because I stopped paying all of them the same month, which is 9/05. OC's and CA's include Capital One, Sears, Beneficial, Household Bank, Providian, Credit Management, Asset Acceptance, Midland Credit Management, Chase Bank and Citifinancial.

I also have a Judgement because I did not respond or show up in court from Asset Acceptance that was issued on 12/30/09 and I got a Writ of Execution on 5/16/11. I spoke with the Constable on 5/17/11 and he said I had 90 days to pay $8400. I saw an attorney on 5/18/11 and he offered their attorney a payment plan but they never responded and I never heard from the Constable again. My attorney told me not to call the Constable anymore.

I have late pays on accounts that are in good standing (open and closed accounts).

My questions are...

1) Should I sit out the remaining 8 months and let the negative TL's drop off my reports or should I send out DV/SOL combo letters to the OC's and CA's? I'm in TX and SOL is 4 years.

2) Why hasn't the Judgement shown up on any of my reports and what actions should I expect from this? I know its not going away and it was really dumb of me not to respond but I have to try and fix it.

3) Should I send Goodwill letters to the accounts with late pays.

I'm new to all this and any advise would be greatly appreciated. Thank you.

Link to comment
Share on other sites

Sending a DV would do no good. OC's are not required to respond to a DV.

A DV is sent to validate a debt. It really only makes a difference if it's sent within 30 days of a collection agency's contact with you. They can't attempt to collect again until they validate. If the CAs and JDBs on your CR have had the accounts for a while, chances are they've already sent you collection letters, and that 30 day window has passed.

Bringing up the SOL would do no good either. The SOL for collections has nothing to do with the SOL for reporting.

You could try disputing the accounts that are scheduled to fall off at the end of this year, but if it doesn't work, I'd just wait it out.

Regarding the good will letters, you could give it a try, but I'm not sure the furnishers could delete the lates. The history of your account must be accurate, and some furnishers might not be willing to change it.

If you can afford to settle the judgment, do so. Make an offer and go from there. You're right. It's not going away.

Link to comment
Share on other sites

Thank you for your responce.

So I could try disputing the accounts to the CRA's?

Do you have any idea why the Judgement hasn't appeared on my credit reports yet?

You could try disputing. I don't think it would hurt anything. Who knows? Some of them may not be verified and will be deleted.

The only reason I can fathom why the judgment doesn't appear is because whoever is supposed to report it hasn't done so yet.

Link to comment
Share on other sites

What letter would I use/send to the CRA's to dispute? Is it okay to send 3 separate letters at a time?

You can do a basic dispute online at each CRAs website. Just save any information they send you. Each website has information as to what is required in order to dispute online or by mail.

Link to comment
Share on other sites

Im sorry BV80, what exactly is a "basic dispute"? So should I dispute all at one time? Im afraid they will come back as frivilous.

What I meant by a basic dispute is using the reasons they offer on their website such as "not mine", "authorized user", etc. If none of their reasons applies to you, or if you want to be very specific, it might be better to dispute in writing by mail.

As far as disputing all the accounts at one time, I'm not sure. The most I've disputed at one time was 2, and I disputed both online. Considering how many accounts you want to dispute, check each CRA's website to see if have information for disputing multiple accounts.

Link to comment
Share on other sites

IMO, if you are disputing anything with any entity that you don't trust *cough* CRAs *cough* do so via CMRRR. Draft everything up, including a memorandum describing all documents being sent, and make copies of everything. Keep the originals and send the copies. If you want action, send a copy of the memo too just to let them know that you are keeping records like crazy.

Link to comment
Share on other sites

  • 1 month later...

I received a letter from the attorney i mentioned in my first post. I have put the letters in this post along with the letter he recieved from the debit collector we tried to contact regading the Judgment filed against me. What do i do next? I would think my attorney would know. The judgment is still not on my credit reports.

Sorry if their difficult to read.

LETTER #1

attorney name

ATTORNEY AT LAW

Address

FORT WORTH, TEXAS 76105

OFFICE 817-***-********************************** *********************** *********** *********************** *********** FAX 817-***-****

***********

*

February 24, 2012

*

*

Mr. my name

My address

FORT WORTH, TX 76125

*

*

*********** Re:****** Case No. 12345 Justice Court, Precinct 5, Tarrant County, Texas

*

*

Dear Mr. ******

*

*********** In May, 2011 you brought to my office a copy of a Judgment in the above matter and requested that I communicate with the attorneys for the Plaintiff. I wrote them on May 19, 2011 and offered for you*to pay $300.00 a month until a total of $6,000.00 had been paid, the first payment being due June1, 2011. I never heard back from them.

*

*

*********** On February 23, 2012, I received a letter from Fulton, Freidman & Gullace, LLP purporting to represent Asset Acceptance, LLC and I am enclosing a copy of that letter. I do not understand why there was no response to my letter of 2011.

Do you want me to respond to this and make them an offer? If so, please let me know.

*

Yours truly,

My attorneys name

*

*

*

*

LETTER #2

*

FULTON FREIDMAN & GULLACE, LLP

Collections, Consulting & Litigation

LICENSED IN AZ, CA, DC, FL, IL, MD, MI, NJ, NY, OH, PA, TN, TX &VA

*

**************************************************************************** PO BOX 2123*********** *********** TOLL FREE 877-692-6186

***************************** ***************************** *********** ****Warren, MI 48090-2123**** **** ****** *********************** EXT.521

*

*

*

*

*

February 20, 2012

Re: my name

Asset Acceptance, LLC Assignee of HSBC CONSUMER LENDING USA/ BENEFICIAL

Original Creditor Acct # XXXXXXXXXX123

Fulton, Freidman & Gullace, LLP Acct#: 5678

Balance Due: $87744.71

*

Dear Sir/Madam:

Please be advised that FULTON, FREIDMAN & GULLACE, LLP has been retained by ASSET ACCEPTANCE, LLC regarding the above referenced account. We were advised that you represent the referenced consumer on this matter. Therefore, we are sending this letter to your attention so that you may share it with your client. If you do not represent the person identified above, please notify our office upon your receipt of this letter. If you have any questions, please don’t hesitate to call our offices. All contact should now be directed to:

*

Fulton, Freidman & Gullace, LLP

PO BOX 2124

Warren, MI 48190-2123

877-692-6286

*

Unless the consumer notifies this office within thirty (30) days after receiving this notice that the consumer disputes the validity of this claim or any portion thereof, this office will assume this debt to be valid. If the consumer notifies this office in writing within thirty (30) days from receiving this notice that the consumer disputes the validity of this debt or any portion thereof, this office will obtain verification of the debit or obtain a copy of judgment and mail the consumer a copy of such judgment or verification. If the consumer request of this office in writing within thirty (30) days after receiving this notice, this office will provide the consumer with the name and address of the original creditor, if different from the current creditor.

*

This is an attempt to collect a debit by a debit collector. Any information obtained will be used fir that purpose.

*

Very truly yours,

*

Their name

Collections Team (Non-Attorney)

Phone: ***-***-****

Fulton, Friedman & Gullace, LLP

*

*

---Detach Lower Portion and Return with Payment---

*

*************************************************************** Fulton, Friedman & Gullace, LLP Acct# 5678

*********************************************************************************************************************************************************** ***** *Balance Past Due: $8774.71

PO Box 2123

Warren MI 48090-2124

*

ADDRESS SERVICE REQUESTED

*

*

*

February 20, 2012********************************************************************************************************************************* *********** FULTON, FREIDMAN & GULLACE, LLP

*********************************************************************************************************************************************************************** PO Box 2123

**********************************************************************************************************************************************************************Warren MI 48090-2123

*

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.