topic Re: this is for anyone in General Credit Topics

this is for anyone

Anonymous — Thu, 29 Nov 2007 20:15:58 GMT

I had a voluntary repo back in 1998 with Ge Auto Financing. The balance to pay this debt is $3000.00. I rec'd a settlement offer in the mail for $759.23. They are giving me until Novemeber 30, 2007 to pay this balance. Should I call to see if they will give me an extension to pay the $759.23..I really want to pay this, but will not have the money by the end of November.

Thanks

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:19:10 GMT

DV them! DO NOT CALL - DO NOT TALK TO THEM AT ALL, DO NOT OFFER ANYTHING!

WHoever is offering you this 'deal' probably paid $50 for your paper - don't make them rich and you.poor.

Message Edited by Lady_Scarlet on 11-29-2007 03:19 PM

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:20:07 GMT

What does Dv mean?

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:26:43 GMT

Debt Validation (use the sear box above and type in DV - hundreds of posts will pop up)

The is my current favorite DV letter (ihave others and more to come from the gang here) - change as need for your situation.

Midland Credit Management
5775 Roscoe Ct
San Diego, CA92123-1356

Re: Acct Ref. # *******

To Whom It May Concern:

This letter is being sent to you in response to noticing an entry by your company on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you to all of include the following:

What the money you say I owe is for
Copies of any papers that show I agreed to pay what you say I owe;
Verification or copy of any judgment, if applicable
Identify the original creditor;
Proof that you are licensed to collect in my state by providing your license numbers(); and Registered Agent’s Name and Address
Proof that your company owns the debt/or has been assigned the debt. (Proof showing you are legally entitled to collect this particular debt from me.) This is basic contract law.
Payment history to include: my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been added onto this debt and how you/they determined these fees. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
A Copy of the original signed contract, loan agreement or credit card application. This is also basic contract law.

At this time I will also inform you that if your offices have reported unvalidated information to any of the Credit Bureaus, this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act

If your offices are able to provide the proper documentation as requested, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing or any information sent to a credit reporting repository that could be inaccurate or unvalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

All future communications with me MUST be in writing and sent to the address noted in this letter by USPS. There is to be no telephone contact initiated by your offices to my home or to my place of employment. If your offices attempt telephone communication with me including but not limited to:

computer generated calls
calls and/or correspondence sent to or with any third parties

I will view this as harassment and I will have no choice but to file suit.

Best Regards,

TYPEE (DO NOT SIGN) Your Name

Message Edited by Lady_Scarlet on 11-29-2007 03:26 PM

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:31:59 GMT

The settllement offer is from Ge Financing, they are the original creditor. It came from the Recovery dept. Do I still need dv?

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:41:26 GMT

That's a great offer. I wouldn't try to play too much hardball because they can revoke that offer in a heartbeat and have you owe the full amount and then on to a collection agency and have that ding and if you think a CA is going to offer that much of a discount, then you're crazy.

I would call them, since this not the CA, and ask if you do it in a couple of payments. Doesn't hurt to ask.

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:43:17 GMT

Thank you will do..

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:46:33 GMT

It's too old for reporting (CRTP) - only question is SOL do you know it for your state?

An OC can't be DV"d (they don't have to comply) - let me dig to see if there is a wy to force an investigation (these are for OCs)

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:49:44 GMT

I live in Florida, and the sol is 4 years I think.

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 20:56:28 GMT

FLORIDA SOL

Professional Malpractice: For medical malpractice, 2 years from the date of the act giving rise to injury, or within two years from the date the injury was or should have been detected, but no malpractice action may be commenced more than four years following the act giving rise to the injury. These limitations apply to minors aged eight or older.

Personal Injury: 4 years.

Fraud: 4 years.

Libel / Slander / Defamation: 2 years.

Injury to Personal Property: 4 years.

Product Liability: 4 years.

Contracts: Written, 5 years; Oral, 4 years. Actions for specific performance must be commenced within one year.

As far as I can tell, they can't sue you and they can't report any longer... so that is why the 'sweet' offer... now it comes down to - do you really want to pay them (conscience) or tell them to FO&D

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 21:02:49 GMT

May I ask you for your advice?

Re: this is for anyone

TryingVeryHard — Thu, 29 Nov 2007 21:02:56 GMT

@Anonymous wrote:
I had a voluntary repo back in 1998 with Ge Auto Financing. The balance to pay this debt is $3000.00. I rec'd a settlement offer in the mail for $759.23. They are giving me until Novemeber 30, 2007 to pay this balance. Should I call to see if they will give me an extension to pay the $759.23..I really want to pay this, but will not have the money by the end of November.
Thanks

Oh girl, this account is too old. I dont believe they can use it to sue you or to even report it in your credit report. DV!

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 21:05:11 GMT

It is defitnitely on my credit report!

Re: this is for anyone

My_dog_FICO — Thu, 29 Nov 2007 21:06:17 GMT

If you feel morally obligated to pay this debt, contact them and see if they will change the status to "Paid in Full / Paid as Agreed" and take it off Collection status. If they're willing to do that, then work them for some payment options. They know it's christmas time and they'll understand.

On the other hand, if they've waited this long to collect - you waiting a little longer for it to drop off your CR isn't a bad option either.

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 21:09:01 GMT

Dispute witth the CRAs as too old, out of date, past CRTP, wait for the dispute to resolve then, send this to get the paperwork if it doesn't come off

Company

Address

Address

Date

Re: Acct #xxxxxxxxxxxxxx

To Whom It May Concern:

I recently pulled my credit report from Experian, Equifax and TransUnion and noticed this account was listed on each of my reports as a collection I immediately disputed this information with Experian, Equifax and TransUnion and the results of the investigation came back as "verified

Since I have disputed the account with the credit bureaus, and you have verified them, I would like to see what sort of records you have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it.

In order to clear up this matter, I would like to see:

Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account

If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

Please send all correspondence to:

Name

Address

Sincerely,

DO NOT SIGN......JUST TYPE NAME

ONCE YOU HAVE THE PAPERWORK, you have proof for any action to sue.

Re: this is for anyone

TryingVeryHard — Thu, 29 Nov 2007 21:10:08 GMT

Still in your report? Can you probably post it here to see when they started reporting it. If the account has been there for more than 7 years, it should have dropped off by now!

Check and make sure they are not falsifying their report or is reaging it.

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 21:18:57 GMT

How do I dispute with them? Do I call or write a letter..I am very new to this as you can probably tell.

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 21:26:27 GMT

Personally, I would fax a letter to every bureaus that it appears on using past CRTP as the reason for the dispute. Modify the following letter:

Date: ________________________

Credit Bureau: __________________________________

Street Address: __________________________________

City, State & Zip: ________________________________

Sent Via Certified Mail – Return Receipt Requested

Dear Sir/Madam:

I recently obtained a copy of my credit report from your company. I am very upset that you have included inaccurate information in my credit report due to its damaging effects on my credit. The following information is reported incorrectly on my credit report:

#1. Creditor Name: _________________________________________________

Account number: ________________________________________________

The information regarding this account is inaccurate because ______________________

________________________________________________________________________

The following supporting documents are enclosed for your review:

1. ______________________________________________

2. ______________________________________________

3. ______________________________________________

#2. Creditor Name: _________________________________________________

Account number: ________________________________________________

The information regarding this account is inaccurate because ______________________

________________________________________________________________________

The following supporting documents are enclosed for your review:

1. ______________________________________________

2. ______________________________________________

3. ______________________________________________

I am requesting that you investigate those items indicated, and promptly delete any unverifiable, inaccurate, or outdated information from my credit report. In addition, I am requesting a description of how the investigation was conducted along with the name, address, and telephone number of anyone contacted for information.

My full name is: _______________________________________________________

My Social Security # is: _________________________________________________

My date of birth is: _____________________________________________________

My home phone number is: ______________________________________________

My address is: ________________________________________________________

City: ______________________________State: _______ Zip Code: _____________

I have enclosed a copy of my identification as proof of identity.

Please send me an updated copy of my report, and notification that items have been
deleted.

Thank you for your prompt attention in this matter.

Sincerely,

________________________________________

(Your Signature)

________________________________________

(Your Name Printed)

Re: this is for anyone

Anonymous — Thu, 29 Nov 2007 21:28:52 GMT

Thanks for all of your help!

Re: this is for anyone

My_dog_FICO — Fri, 30 Nov 2007 17:35:27 GMT

badcredit - let us know how it goes. We love giving advice, but we also love getting the results so we know we gave good advice.