Any one have any problems

[Anonymous]

Has anyone had any problems with Atty for Bank of America Frederick J Hannah. They call and leave harrasing messages and one guy said he would come down to arres tme? I owe about $5000 as I had some hard times, how long does it take to get a judgement and can they garnish my wages. I love in Florida. I asked them to send me the copy of the credit application and they said no, tough luck...

[My_dog_FICO]

First, start here:

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=11303&jump=true

Also, take a quick read of FDCP section 806 and 807, it will explain why CAs that threaten you can be sued for violations:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806

Then, my suggestion is to send a DV letter (do a search for it and you'll find many good samples).

Do NOT speak to the CA (Collection Agency) on the phone.  Do EVERYTHING in writing.

BTW - I'm in love with FL too.  5 years now in Jax.

Message Edited by My_dog_FICO on 12-05-2007 07:00 AM

[Anonymous]

Thanks. I meant to say I live in Florida. Have you had anyone else say they had problems with this company Frederick J Hannah. Also one more question, do I have a right to ask the agency about all the fees they added on when the bough the original loan, and if the original rules with the credit company apply to the collection agency. I was wondering if you have any info on wage garnishment in Florida and how quick it can happen

[My_dog_FICO]

They're gonna get me for posting all this, but it's worth it.  Check out bullet (1).  Unless there were terms and conditions in your original credit agreement, that transfer to a CA, they have no right to assess any fees.

Section  808.  Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

[Anonymous]

Thanks for that. Also my credit is 475 on Equifax, however on the other 2 its about mid 500, why is there so much diffrence. I heard that Equifax was the hardest but I dont beleive so. I am tryign to get my score up and have one Cap One, and 2 Orchard Bank. Would it be best to pay them all off at once or keep asmall balance every month? I also have one derog on my reports, any help on this?

Thanks

[Anonymous]

I have been there myself.

Equifax IS the hardest to raise because they use FICO not FAKO like Trans and experian.

Also nobody really pays attention to the other 2, Equifax is the most widely used scoring sytem because they use FICO.

Also DO NOT go over 9% utility on your credit cards ever, and keep something on them always from what I hear. Your score goes up a lot faster when utility kept low (9%) . Max out and you are done.

It took me 2.5 years of up and down in the scoring game to get from 450's to 677,669,655 Equifax.

You seem to have more major cards than I do, so that may help. And DO NOT apply for more credit.

 I only have a mortgage, a car payment and a circuit city card which is not a major card. I will not go for one until I refi my house this or next month and things should really start moving for me.

And NEVER BE LATE.

Hopoe some of this helps

[Anonymous]

Thanks man. I am starting 2008 off right and no more applying for any credit. Couple of questions though, what is FAKO? Does Trans Union and experian use diffrent system? Also how come Cell phone companies dont report positive customers but in about 2 seconds they have no problem reporting if your late.