10 Years Ago, Really

[phelixnyc]

New to the forum, would like to say "Hello" and ask for some advise. Just this morning I received a phone call from a rep from "Dynamic Solutions Recovery". She asked routine questions, "Is this _____ I am talking to?" I said yes then she went on to say my ss number to me. I asked what was the the call referring to, she said a personal loan that she claims I took out with HSBC (Household) back in 2003, she also went on to say that the account was not in default, that no lien will be placed on accounts, that I made payments until Dec. 2003 and still owed 2,000. She went on to say that not paying would affect my IRS return some how. I told her that I never took out a personal loan with that bank. She stated that it was on my credit report and that I should be aware of it. I am aware of a debt to HSBC (Household) it was a BB credit card I took out to buy some electronics I felt I needed when I was younger. Lived above my means back then, long story. I was garnished by a collection agency, I got legal representation from my union and we came to an agreement of payment, strange enough the original debt was for the amount of 2,000. I have a stipulation letter from the courts in my city, a letter from the collection agency and the lawyer that represented me. Today I decided to pay for a credit report and in my report I realized that the judgment is still reflected on my report and that "Dynamic Solutions Recovery" actually inquired about my credit report on May 2, 2013, what a coincidence. I know the SOL of New York State is 6 years. As a young man I was very reckless with finances, as an adult I am aware of the pit falls of borrowing money. I feel that maybe they are targeting me, not sure why or how. I owed money in the past and I paid it off, I don’t want to go through this mess again. What can I do to stop them? I see all the accounts that are open under my name on my report, could someone have opened an account in 2003 that is not listed on my report that I am not aware of?

 

[kutuzov]

When did they sue? and what was the outcome? legal term, dismissed with/without prejudice, judgment for defendant, for Plaintiff, agreed tstipulation? 

 

What does the stipulation actually reads?

 

If they got a judgement, and for what you wrote it seems they did, it appears that your lawyer only did a settlement with them, you paid that off and the judgement was satisfied. If that's the case then the judgement will be on your credit report for 10 years from the date they got the judgement. If you paid it, it will be a paid judgement.

 

 

About Dynamic Solution Recovery, they might be trying to collect another debt you don't remember, or they might have the debt that you paid from the JDB that sue you and are trying to collect it. What it is JDB#1 sue got paid, and they sold the info to JDB#2. You should receive a letter from them after their initial communication, for you informing you of what they are trying to collect and the initial disclosure known as "mini Miranda". If you don't get it within 10-20 days you should dispute the debt anyways and send them all mail cmrr (certified mail return receipt).

 

Now if the debt of Dynamic Solution Recovery is from 2003, then they have no right to snif your credit report, and you can sue them for that. Go to Radio Shack if you use a land line and get a recording device for your phone, and record all conversations, if you do a cell phone then download an app or something. Keep track of al calls, and take a picture of each caller id, then at some point, maybe after 2-3 calls get a lawyer and sue them.

[Flyingifr]

New to the forum, would like to say "Hello" and ask for some advise. Just this morning I received a phone call from a rep from "Dynamic Solutions Recovery". She asked routine questions, "Is this _____ I am talking to?" I said yes then she went on to say my ss number to me. I asked what was the call referring to, she said a personal loan that she claims I took out with HSBC (Household) back in 2003, she also went on to say that the account was not in default, that no lien will be placed on accounts, that I made payments until Dec. 2003 and still owed 2,000. She went on to say that not paying would affect my IRS return some how. I told her that I never took out a personal loan with that bank. She stated that it was on my credit report and that I should be aware of it. I am aware of a debt to HSBC (Household) it was a BB credit card I took out to buy some electronics I felt I needed when I was younger. Lived above my means back then, long story. I was garnished by a collection agency, I got legal representation from my union and we came to an agreement of payment, strange enough the original debt was for the amount of 2,000. I have a stipulation letter from the courts in my city, a letter from the collection agency and the lawyer that represented me. Today I decided to pay for a credit report and in my report I realized that the judgment is still reflected on my report and that "Dynamic Solutions Recovery" actually inquired about my credit report on May 2, 2013, what a coincidence. I know the SOL of New York State is 6 years. As a young man I was very reckless with finances, as an adult I am aware of the pit falls of borrowing money. I feel that maybe they are targeting me, not sure why or how. I owed money in the past and I paid it off, I don’t want to go through this mess again. What can I do to stop them? I see all the accounts that are open under my name on my report, could someone have opened an account in 2003 that is not listed on my report that I am not aware of?

Oh the joys of having a tape recorder going.

 

FDCPA violation #1: She said " the account was not in default, that no lien will be placed on accounts, that I made payments until Dec. 2003 and still owed 2,000". My response would be "if it's not in default then why are you calling me about it?" OF COURSE IT'S IN DEFAULT!!!!! Misrepresenting the legal nature of the debt, Pay the man $1,000.

 

FDCPA violation #2: She said "She went on to say that not paying would affect my IRS return some how". Now she's a tax accountant yet the "qualifying event" happened long ago. Trying to use the IRS as a Bogey Man. Making False representations. Pay the man $1,000

 

FDCPA violation #3: She dais "it was on my credit report and that I should be aware of it." - only if she re-aged it, since under FCRA it should have disappeared over 2 years ago. Pay the man $1,000

 

FDCPA violation #4: She called you. You have a stipulation letter from the courts in my city, a letter from the collection agency and the lawyer that represented me, indicating the matter was settled long ago. Misrepresenting the legal nature of the debt, Pay the man $1,000

 

Oh the joys of Zombie Debt.....

[kutuzov]

You just need 1 violation really, they do not stack, but having plenty to chose from makes the case a lot easier. Just record them 2-4 times with nice conversations like that one, get a paper copy of your credit report with that inquire, and I'm pretty sure a lawyer can help you get some free cash. I got one that did that for me, I'm sure you can get one that helps you too, and by the way they get 3-5k per lawsuit at the least, so it's not like they don't like to sue JDB's.

[phelixnyc]

"When did they sue? and what was the outcome? legal term, dismissed with/without prejudice, judgment for defendant, for Plaintiff, agreed tstipulation?"

 

The collection agency sued quite a number of years ago. The debt case outcome was "Stipulation Discontinuing Action With Prejudice" as of last year.

 

"About Dynamic Solution Recovery, they might be trying to collect another debt you don't remember"

 

They claim its a personal loan from HSBC, loans show up on credit reports from what I know if they are still being paid.

 

I've combed my report, I don’t have any account open that I owe money to besides two, and those are in good standings. If I had a account in default then it would show up on my report because it is debt and banks always notify credit bureaus. Not sure what steps to take next. Wait for them to send letter or send them “verification of debt request”? If they are trying to collect on a debt that has been paid what should I do mail them a copy of the stipulation?

[kutuzov]

First you only need to send then a DV letter to preserve your rights under the FDCPA, basically is for you to sue them later with a better chance of success. No other papers need to be sent.

 

If it was Stipulation Discontinuing Action With Prejudice, that means they did not have a judgment, so go ahead and dispute the judgment with the CRA, just saying there was no judgment, that the case was dismissed with prejudice and to delete the inaccurate record, if they don't then get a lawyer and sue them. When you do the dispute send them a copy of the court order with the dismissal. If you would have a judgment, you'll have a satisfaction of judgment, instead. Also cause the case was dismissed with prejudice, they cannot resell the debt, or try to collect it or nothing, the debt is gone for good.

 

Right now you only need to seat down and relax, prepare your phone to be able to record, and record them every time they call, after maybe 2-3 calls get a consumer attorney, present them with the phone calls and a copy of that credit inquire.

 

Also some states require by law to have the other party consent to the recording of the call, others don't so check that. If your state requires that then you need to tell them the call is being recorded, if they don't agree then just tell them you need their address and that the conversation is being ended.

[BTO429]

Send them a debt validation letter. First they need to prove what this debt is?

 

Was the judgment paid and then the case discontinued? If it was paid did they file a satisfaction of judgment?

The IRS thing she was talking about is the 1099c debt forgiveness.

 

Judgments last 10 years in some states and longer in others. Since it has been ten years you need to first determine if they are calling about the same debt and if so, and the judgment has not expired they are ok, but if they are going to continue to pursue this they need to file for a renewal of the judgment. In my state if they do not file the satisfaction they can be liable to the defendant for three times the original judgment.

 

If this debt is the same and you paid it and they filed the satisfaction of judgment then you have a case not just over fdcpa violations but also for trying to collect on the debt after it was satisfied.