Kevo

Backlash from credit repair is beginning!

16 posts in this topic

Well I disputed most of the negatives on my CR and several have fallen off....this one came back verified about a week ago.

Today I get a call from Dynamic Recovery Solutions.....the woman was a &*%$#! She said they were trying to collect a little over $1000 for Household Bank.....said "Why don't you just be a man and pay your debt?" I asked for the address of her company...she refused to give it to me.:twisted:

I found there website easy enough. List a physical and PO Box address.

So the dofd on this is 09/2005. I live in Alaska. The debt was allegedly incured while I was living in Alabama/Tennessee. I think the SOL is past on this....what next? Send a cease and desist?

Any help please....I heard that this might happen when I start trying to clean things up.

Kevo

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This debt is out of statute regardless of whether they use Tennessee, Alabama, or Alaska law so they cannot take you to court over it.

They have already violated the FDCPA too by refusing to give their address. Unfortunately, I would bet that you do not have a recording of that call.

So the question is now, do you want to string them along for more violations, getting some under recording, or do you want to make them go away? If you want to string them along, send a DV letter. Wait for the 5 day letter first (they must send a letter to you within 5 days after initial contact, if not that is another violation). After about 10 days, send the DV to protect those rights. If you just want them to quit, send a C&D and note that the debt is out of statute.

As for your credit report, if this is the debt that came back verified, it should fall off your report after 3 - 9 months anyways. It really cannot be affecting your score so I would not worry about it.

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"And if I don't pay what are you going to do about it?"

Suing, threatening to sue or putting it on your CRA would all be FDCPAand (in the case of the CRA) a FCRA violation. I hope her employer likes writing you checks.

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I agree with WhoCares,

All depends on what you consider a victory. If it's leaving you alone, hit them with a C&D. If not, then get you a recording device, read this board a lot and most likely they will just gift wrap you the violations.

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When you disputed with the CRA, what did they give you for the address of the creditor?

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This debt is out of statute regardless of whether they use Tennessee, Alabama, or Alaska law so they cannot take you to court over it.
Actually, they can take you to court...and if you don't show up and raise the SOL defense, they can get a judgement.

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So the question is now, do you want to string them along for more violations, getting some under recording, or do you want to make them go away? If you want to string them along, send a DV letter. Wait for the 5 day letter first (they must send a letter to you within 5 days after initial contact, if not that is another violation). After about 10 days, send the DV to protect those rights. If you just want them to quit, send a C&D and note that the debt is out of statute.

WhoCares : After they refused to give me their addr. I refused to give them mine....should I? If they do not have my current address, can they just show that they "tried" to send me the "5 day letter"? Any downside to giving my current addr? They also asked for my current employer.....yea right!

When you disputed with the CRA, what did they give you for the address of the creditor?

I disputed the OC entry.....Charge-Off of $640.....This is the 1st I've ever heard of this CA....no entry from them. The lady (I use that term very loosely) couldn't even tell me the original account number??

Actually, they can take you to court...and if you don't show up and raise the SOL defense, they can get a judgement.

I will watch for this....They have to file in my county, correct? I live on Kodiak Island in Alaska. We are remote (only way to mainland is 1hr flight or 9 hr boat ride.) They can't file in county you lived in at time alleged debt was incurred can they?

Thanks Everyone,

Kevin

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If you're positive the debt is outside the SOL for collection and if you don't want to fool with them, I'd send a cease and desist.

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They can send it to an old address and maybe even file there and get a judgment where you once lived. Known as sewer service. Then you have a problem. Better they have your correct address, that way, if they try sewer service then you have them if they get a judgment elsewhere. Because you now have a defense against the judgement to have it vacated.

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Well, I called this morning and gave them my current address. It took forever....the lady just kept saying (paraphrasing)"We have no need for your current address as you will not be receiving anymore collection notices ....this has gone beyond that." Finally got her to enter my current address (recorded the call.)

Can they sue me in my old county now? I could never afford to fly back to Alabama from Alaska....

By the way.... the Scumbags pulled a HARD inquiry on me today....score dropped 4 points!

That needs to be illegal!

Really not sure what to do.....C&D or DV?

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Either one is acceptable depending on what you want out of this. If you want to goad them into more violations, a DV is fine. If you want them to leave you alone, a C&D will work better. I would include the current address and send CMRRR to make sure they get it.

As for them trying to sue you in Alabama, do you have any assets within the Alabama state border? If not, in most cases, you can send in the answer via mail and you would include in the affirmative defenses that the Alabama courts do not have juridstiction, attaching a copy of a utility bill and your Alaska Drivers License, then file a motion to dismiss w/o prejudice. In the worse case scenario, the get a judgement in Alabama and if you have no assets in Alabama, then they will still have to go to Alaska to domesticate the judgement. Do you know that that will cost them to collect $1000. My bet is that they are bluffing.

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Well, no communication from this JDB at all since the original call on 5/25.

2 calls after the original was

1) a call from me to find out what the original call was about (original call was message that did not identify their company or reason for call - just "This is Mr xxxxx, we need you to contact us about a very important matter")

2) a call from me to them trying to give them my current address.

So, how long should I wait to send them a DV. I was going to wait and see if they send the required "5 day letter" but what if they sent something years ago to my old address?

What would you do?

And who pays the bills for this forum? Is there a way to donate?

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You stated they left a message for you. Did you save the message? Is the number from which the call originated on your caller ID?

Under most circumstances, I'd send a C&D. However, they're reporting on your CR AND making hard inquiries.

If it were me, I'd send a DV request (CMRRR) and dispute the debt. If they don't report the debt as disputed on your CR, you've got a violation. If they don't validate but continue attempting to collect, you've another POSSIBLE violation. It would be your word against theirs that your DV request was timely or that they didn't respond. However, if you have proof of other violations, your word would be more believable.

Edited by BV80

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This CA is not reprting on my CR....the OC is.... charge-off from Household Bank.... This CA contacted me shortly after I disputed the OC TL on my CR.

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If you don't want to fool with them anymore, and you're positive it's outside the SOL, you could send a C&D. If they call again, you've got them.

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If they call again, you've got them.
Don't forget, they are entitled under the FDCPA, one more call to tell you what their intentions are...

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