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Established Member
AccountingGuy
Posts: 65
Registered: ‎04-03-2012

My plan of attack

Hello all,

 

Instead of continuing to post multiple threads, I figured I would compile everything into this one.  I'm going to lay out my plan of attack and see what everyone thinks.  Here are my negatives on my credit report:

 

 

Bank of America (charged off and went to judgment), estimated removal date: 03/2016, 120 days late

 

GECRB/GECAF (settled less than full), estimated removal date: 09/2016, 120 days late

 

University loan (paid in full), estimated removal date: 02/2017, 120 days late

 

Osterman Jewelers (paid in full), estimated removal date: 07/2016, 120 days late


For all of the above, I have sent GW deletion requests for.  We will see what happens.  I actually had 2 baddies through the university last year and they agreed to do a GW deletion for both, but only did it for one account.  I notified them a couple of times and it was never fixed.  I brought it up again today via e-mail and they informed me it is their policy not to do GW deletions.  So, I have now sent an individual letter to EVERYONE in the department and will continue to do so on a weekly basis.  I'm sure someone is bound to crack.

 

Midland Funding (OC T-Mobile), estimated removal date: 06/2017

 

I sent Midland a DV in 2012 and they sent a letter to me claiming I was disputing and asking for me to provide evidence against myself.  They have since been sending me settlement letters.  As of today, I disputed the account with all 3 CRAs and reported them to the BBB.  The next step is to dispute them directly if the CRAs validate.  From there I will likely file a complaint with the state of Ohio and take them to small claims court as a last resort.  I've heard T-Mobile will request Midland to remove it from your CR if you pay in full, but I have a hard time paying an account that 1) wasn't mine and 2) is on it's second CA that can't verify.

 

Bank of America Judgement (owe about $400), estimated removal date: 01/2019

 

At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment. 

 

I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:

 

RULE 60. Relief From Judgment or Order

 

(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.
 
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:
 
4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application
 
 
Thoughts?

Starting Score: 584
Current Score: 639
Goal Score: 700+

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Established Member
AccountingGuy
Posts: 65
Registered: ‎04-03-2012

Re: My plan of attack

Bumping with updates (please see important questions in bold below):

 


Midland Funding (OC T-Mobile), estimated removal date: 06/2017

 

I sent Midland a DV in 2012 and they sent a letter to me claiming I was disputing and asking for me to provide evidence against myself.  They have since been sending me settlement letters.  As of today, I disputed the account with all 3 CRAs and reported them to the BBB.  The next step is to dispute them directly if the CRAs validate.  From there I will likely file a complaint with the state of Ohio and take them to small claims court as a last resort.  I've heard T-Mobile will request Midland to remove it from your CR if you pay in full, but I have a hard time paying an account that 1) wasn't mine and 2) is on it's second CA that can't verify.


 

Deleted from 2 of 3 CRAs.  I'm thinking this will get a full delete.


Bank of America (charged off and went to judgment), estimated removal date: 03/2016, 120 days late

 

GECRB/GECAF (settled less than full), estimated removal date: 09/2016, 120 days late

 

University loan (paid in full), estimated removal date: 02/2017, 120 days late

 

Osterman Jewelers (paid in full), estimated removal date: 07/2016, 120 days late


Bank of America and GECRB, I've yet to hear back from.  I've sent multiple letters.
Ostermans rejected.  I sent another letter.
University has rejected four times.  I sent a fifth letter (lol).
Here's the thing with the university loan.  It's paid off and while I was 120 days late, I made a large payment to bring the account current.  I have record of the payment.  However, they reported to all 3 CRAs that the account was "OK" then proceeded to be 120 days late again.  I think I have a dispute here and I just want the tradeline removed since they won't GW.  What exactly should I say when I dispute?

Bank of America Judgement (owe about $400), estimated removal date: 01/2019

 

At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment. 

 

I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:

 

RULE 60. Relief From Judgment or Order

 

(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.
 
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:
 
4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application


OK, so two of the CRAs are reporting a judgment date of 4/13/2012 and one is reporting 4/1/2012.  I looked at the court documents and the case was decided 4/1 and all paperwork was entered 4/13.  I'm thinking there is a mistake here that I can use to get this removed from a couple reports.  How should I attack this?

Starting Score: 584
Current Score: 639
Goal Score: 700+

Care Credit $3k, Cap One $1.25k, Cap One $1k, Credit One $1k, Discover It $800, Walmart $550, Paypal $500, Barclays $500, Valero $300, Amazon $300, Best Buy $300
Valued Contributor
newmomnewme
Posts: 1,296
Registered: ‎09-30-2013

Re: My plan of attack


AccountingGuy wrote:

Bumping with updates (please see important questions in bold below):


Midland Funding (OC T-Mobile), estimated removal date: 06/2017

 

I sent Midland a DV in 2012 and they sent a letter to me claiming I was disputing and asking for me to provide evidence against myself.  They have since been sending me settlement letters.  As of today, I disputed the account with all 3 CRAs and reported them to the BBB.  The next step is to dispute them directly if the CRAs validate.  From there I will likely file a complaint with the state of Ohio and take them to small claims court as a last resort.  I've heard T-Mobile will request Midland to remove it from your CR if you pay in full, but I have a hard time paying an account that 1) wasn't mine and 2) is on it's second CA that can't verify.


Deleted from 2 of 3 CRAs.  I'm thinking this will get a full delete. Good for you!!!!


Bank of America (charged off and went to judgment), estimated removal date: 03/2016, 120 days late 

GECRB/GECAF (settled less than full), estimated removal date: 09/2016, 120 days late

 

University loan (paid in full), estimated removal date: 02/2017, 120 days lateMaybe you need to call them...do you have proof that they said they would delete? Maybe ask them to delete the late payment instead of the entire TL?

 

Osterman Jewelers (paid in full), estimated removal date: 07/2016, 120 days late


Bank of America and GECRB, I've yet to hear back from.  I've sent multiple letters.
Ostermans rejected.  I sent another letter. Keep GW...I am thinking our GW may work a little better during the holidays???
University has rejected four times.  I sent a fifth letter (lol).
Here's the thing with the university loan.  It's paid off and while I was 120 days late, I made a large payment to bring the account current.  I have record of the payment.  However, they reported to all 3 CRAs that the account was "OK" then proceeded to be 120 days late again.  I think I have a dispute here and I just want the tradeline removed since they won't GW.  What exactly should I say when I dispute?  I would keep trying the direct dispute instead of the CRA dispute....that might end all chances for a GW removal. 

Bank of America Judgement (owe about $400), estimated removal date: 01/2019

 

At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment. 

I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:

RULE 60. Relief From Judgment or Order
(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:
4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application


OK, so two of the CRAs are reporting a judgment date of 4/13/2012 and one is reporting 4/1/2012.  I looked at the court documents and the case was decided 4/1 and all paperwork was entered 4/13.  I'm thinking there is a mistake here that I can use to get this removed from a couple reports.  How should I attack this? I don't think that is your angle...you just have to work on getting it vacated...I know this varies state to state, but I filed the motion myself, I notified the assigned attorney by mail and he showed up to court. Vacated, no problem.  It can be vacated based on satisfaction...Go to the clerk of the court and ask them for a copy of the judgment abstract and file your motion...you might want to contact the attorney to let them know you plan on filing the judgment (up to you). 
judgments can be vacated based on satisfaction. go for it. in VA the motion didn't cost me a penny...oh, i would suggest sending the court date information certified..so if they don't show up, you can prove you sent it. 

 



Starting Score: May 2013 EQ: 577 TU: 537 EX: 555
Current Score: EQ: 711 TU: 666 EX: 671
Goal Score: ALL 720+

In the Garden Until August 2014 Last App Feb 2014
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Established Member
AccountingGuy
Posts: 65
Registered: ‎04-03-2012

Re: My plan of attack


Bank of America Judgement (owe about $400), estimated removal date: 01/2019

 

At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment. 

I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:

RULE 60. Relief From Judgment or Order
(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:
4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application


OK, so two of the CRAs are reporting a judgment date of 4/13/2012 and one is reporting 4/1/2012.  I looked at the court documents and the case was decided 4/1 and all paperwork was entered 4/13.  I'm thinking there is a mistake here that I can use to get this removed from a couple reports.  How should I attack this? I don't think that is your angle...you just have to work on getting it vacated...I know this varies state to state, but I filed the motion myself, I notified the assigned attorney by mail and he showed up to court. Vacated, no problem.  It can be vacated based on satisfaction...Go to the clerk of the court and ask them for a copy of the judgment abstract and file your motion...you might want to contact the attorney to let them know you plan on filing the judgment (up to you). 
judgments can be vacated based on satisfaction. go for it. in VA the motion didn't cost me a penny...oh, i would suggest sending the court date information certified..so if they don't show up, you can prove you sent it. 

 OK, so I just called the clerk and they said that they don't vacate.  They said that they will list the debt as satisfied, but that's it.  I called the attorney's office and asked to speak to an attorney (of course, they didn't put me on with one) and the lady said she's worked there for 20 years and never vacated anything unless there was an error.  What do I do now? :smileysad:  I've looked at the case and everything seems to have been done by the books.  I don't have any leverage against them either.  I have about $400 left to pay, which I was ready to satisfy today.  But it's not like I can say I won't pay it unless they satisfy it.


Starting Score: 584
Current Score: 639
Goal Score: 700+

Care Credit $3k, Cap One $1.25k, Cap One $1k, Credit One $1k, Discover It $800, Walmart $550, Paypal $500, Barclays $500, Valero $300, Amazon $300, Best Buy $300
Valued Contributor
newmomnewme
Posts: 1,296
Registered: ‎09-30-2013

Re: My plan of attack

[ Edited ]

What state are you in? Did you contact the OC at all?

4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application

 

Here is my suggested plan of attack, 

 

1. Pay the judgment off and get a receipt (in VA, they have to file the satisfaction within 30 days)

2. File the motion to vacate (make sure you have proof of payment in full)

3. Send notice to OC/Attorney

4. Go to court (it was called an admin hearing) 

 



Starting Score: May 2013 EQ: 577 TU: 537 EX: 555
Current Score: EQ: 711 TU: 666 EX: 671
Goal Score: ALL 720+

In the Garden Until August 2014 Last App Feb 2014
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Established Member
AccountingGuy
Posts: 65
Registered: ‎04-03-2012

Re: My plan of attack

Ohio.  I didn't contact the OC because the account is so old.  It's BoA.  When I was going through the case, the lawyers wouldn't even let me talk to the CA.  When I called the CA, they told me it was out of their hands.

 

I just don't get it.  The law appears clear as day to me that I can vacate a satisfied judgment via Civil Procedure Rule 60.  Maybe I'm reading it wrong?


Starting Score: 584
Current Score: 639
Goal Score: 700+

Care Credit $3k, Cap One $1.25k, Cap One $1k, Credit One $1k, Discover It $800, Walmart $550, Paypal $500, Barclays $500, Valero $300, Amazon $300, Best Buy $300
Established Member
AccountingGuy
Posts: 65
Registered: ‎04-03-2012

Re: My plan of attack


newmomnewme wrote:

What state are you in? Did you contact the OC at all?

4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application

 

Here is my suggested plan of attack, 

 

1. Pay the judgment off and get a receipt (in VA, they have to file the satisfaction within 30 days)

2. File the motion to vacate (make sure you have proof of payment in full)

3. Send notice to OC/Attorney

4. Go to court (it was called an admin hearing) 

 


OK, I called the clerk again and got a different lately.  She was incredibly rude, but strangely helpful lol.  She told me a motion to file was $3, but that she knew nothing of vacating.

 

So, I'm thinking I will call and pay it off today, get a receipt and inform them that I do plan to file to vacate, then send that sucker out in the mail.


Starting Score: 584
Current Score: 639
Goal Score: 700+

Care Credit $3k, Cap One $1.25k, Cap One $1k, Credit One $1k, Discover It $800, Walmart $550, Paypal $500, Barclays $500, Valero $300, Amazon $300, Best Buy $300
Valued Contributor
newmomnewme
Posts: 1,296
Registered: ‎09-30-2013

Re: My plan of attack

Who are you paying it to?? The attorney or BoA? Either way, pay it and relax a little. 



Starting Score: May 2013 EQ: 577 TU: 537 EX: 555
Current Score: EQ: 711 TU: 666 EX: 671
Goal Score: ALL 720+

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guiness56
Posts: 22,408
Registered: ‎01-17-2008

Re: My plan of attack

IIRC, there was another poster on here from OH.  I suggested he write a type of GW to the judge about having it vacated.  It worked for him.

 

It may not have been OH but it was definitely a state that knew nothing about vacating judgments.

Established Member
AccountingGuy
Posts: 65
Registered: ‎04-03-2012

Re: My plan of attack

The attorney.  And go figure, they wouldn't let me put it on my credit card (new rule as of this month).  I guess it's going to have to wait until pay day.


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