Repair Plan - advice?

[Anonymous]

no worries. it is a slight possibility that i may be a little hypersensitive about it, i can't imagine why...

honestly it was nice to get some responses.  a lot of times i post things and nobody answers so i was wondering if maybe i was coming off as a jerk or something...

i really appreciate all the advice and i think this forum is going to play a big part in getting myself back on track. hopefully hopefully once i learn more i can start giving back too.

[Anonymous]

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orhippychic wrote:

no worries. it is a slight possibility that i may be a little hypersensitive about it, i can't imagine why...

honestly it was nice to get some responses.  a lot of times i post things and nobody answers so i was wondering if maybe i was coming off as a jerk or something...

i really appreciate all the advice and i think this forum is going to play a big part in getting myself back on track. hopefully hopefully once i learn more i can start giving back too.

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You will find very nice people here. The amount of CO that you posted is only the 2nd person that was so up front. Most I think are enbarrassed to show all at 1 time, they will post just a few at a time.

NO ONE need be embarrassed   we are all in the same boat & trying to paddle out!

We do at time laugh at each other BUT it is only in fun.

At times you might need to wait for an answer as the people that read it   may not be able to answer.

[buckeye74]

just curious about your bf's ex situation.  my new husband's ex-wife has ruined his credit.  she took a card in his name when they were married, but it had a 0 balance when they got divorced in 2003 and transferred a balance of $9000 from a credit card of her own to this open credit card of his (which she was listed as an au) in 2005 (2 years after they were divorced).  I am trying to figure out how to get it off his credit.  she is currently paying it, but was 120 days late a year ago.  we are afraid she might stop paying since it is only in my dh's name.  Any suggestions?  We are thinking about suing but not sure what to do.  We just bought a house and got a crappy rate b/c of it and need to re-fi in a year so we have to get this off.  Anyone have any suggestions??

[Anonymous]

Hi buckeye,

Sorry to hear this happened to you.  You might want to start a new thread so more people can see it and possibly respond.

I know this is close door/horse escaped kind of advice, but the ex should have been booted off the card as an AU before the divorce.  And the repayment arrangements should have been part of the divorce agreement, although if she defaults (as she did), you won't get anywhere with the CCCs because they are not bound by the terms of a divorce decree.  As an AU, she never had any liability to pay for any charges on the card.

How much $ are we talking about?  I'm guessing it's not going to be worth it to sue, particularly if you have no agreement in writing that she is responsible for the debt.

I'd try GWing the CCC to get the late removed.  Never hurts to try.  Good luck!

[Anonymous]

ok I have another question. i am drafting aggressive DV's to a few of my creditors, but the letter seems to be geared towards CA's, but one of the collectors is actually the OC. Can I just remove references to CA's from the letter and send it anyways, or is there a better letter to use for OC's?

[Anonymous]

message from NOAH  about DV a CA  or OC

remember you may need to dig deep into your state laws.

DV only carries any legal weight if it's a debt collector and you're within the 30 day window. Exactly when the 30 day window begins is somewhat vague-ish, unless you've just received a notice in the mail. That's a rather potent indicator that the clock has begun ticking and the bell hasn't yet chimed.

If one is in Texas, one can DV a debt collector over a disputed debt at any time under Texas law.

You do have the right to dispute information directly with furnishers of data--IOW, the OC, BofA. There was caselaw on the subject, but now the FCRA states this in no uncertain terms. See §623

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=15&sec=1681s-2

However, for it to carry any legal weight, you must first dispute with the CRAs. If you haven't disputed via CMRRR with the CRAs, I'd first do that.

If you're having difficulty persuading one or more of the interested parties to comply with the law, you're going to have to use a bigger hammer.

You might try sending a regular 41 cent letter to BofA. Don't mentioned FDCPA. Just say something like:

You claim I owe you a debt. In accordance with the law, I dispute your claim and demand that you provide me with proof of this debt.

Might be an inexpensive 41 cent solution. If you get nowhere, then I'd head down the MOV path.

When disputing something with an OC, it's a bit of tricky path. Who's right and who's wrong, and I'm not even talking about the debt.

Let's presume for arguments sake that the debt isn't owed by the OP. Did the CRA refuse to follow the law and do their job to investigate, or did the OC refuse to do their job and investigate? You just don't know.

If you follow MOV, you reach a point when you disputed with the CRA, and you're now pressing the OC for information. If the OC says, "No, no, you owe this" when you call, then you dispute with them under §623 and get them to show it's yours. If you know it's not yours, and they won't budge, then you can sue the OC under §623.

OTOH, if the OC says, "Umm, no, we don't show this belonging to you. Our bad, and we've never heard from the CRAs asking for verification", then you continue down the MOV path to press the CRA to do it's job.

[Anonymous]

One of mine was like that....in house collections...I send a DV to them.

Change anything that is needed on the DV letter....make it your's!!

[Anonymous]

ok, so i drafted and printed my letters this morning and will mail them at lunchtime. i also went online and disputed the ones you suggested. with any luck i'll start seeing results one way or the other in a few weeks. it's tough to wait...

[Anonymous]

OMG  the wait will kill ya!!!

[Anonymous]

Take one step at a time.

My suggestion is a good book is Mary Hunt's "Everyday Cheapskate" ...also a Web site...www.cheapskatemonthly.com

She has a really great rapid debt repayment program that worked for me. I was able to pay down my debt (lots and lots of medical bills...many in collections) in less than five years. Basically you make payments on all your bills, but as the small debts are paid off, then you use those payments to tackle the larger bills.

As you do that, you can write the GW letter to your creditors and work at re-establishing your credit.

Good luck and welcome to the community!