topic Re: I'm so mad....I could SPIT in General Credit Topics

I'm so mad....I could SPIT

TheNiceVoice — Sun, 30 Dec 2007 05:07:42 GMT

I am a reformed lurker...and I would like to take this opportunity to thank each and everyone who has contributed here for helping me. You all have inspired me more that you'll ever know. I paid someone $1100 a few years back to 'repair' my credit...and he ended up doing nothing. If I had only found you all sooner.

My story is typical. Credit sucked..I stumbled upon this board and was instantly inspired. I took a few steps to clean up my credit by writing a few PFD's & GWs (THANKS TO YOU ALL) and was on a upward trend UNTIL today. (sidebar - I even got approved for 2 credit cards and a cell phone which hasn't happened in several years)

I lived in Pittsburgh back in the 90s. In 1999, I received a job offer in NYC and had to relocate. I had a leasing agreement with a rental community and of course, had to break my lease. I provided the company with a copy of my new employment contract and they made an arrangement with me to pay a penalty and to forfeit my lease opposed to paying the entire amount that was left on my lease. The amount that I had to pay was about $2000. They were even nice enough to allow me to make payments on the balance. I completely paid off the balance in about 8-9 months.

FAST FORWARD TO 2007 (that's SEVEN YEARS LATER!)

Earlier this year, I started receving letters from this rental community saying that I owed them $5400!! I had moved around the country a lot since then and I almost blew a blood vessel trying to remember the particulars of this situation. Of course, I sent them certified letters telling them that I never owed them $5400...that I paid a small penalty for breaking my lease and the debt was satisfied. A few quiet months went by and then suddenly they started sending more letters. They basically said, PAY NOW or we're gonna report you to the credit Gods. I still adamantly denied that I owed them anything. I called an attorney and he kinda chuckled at their attempt to extort money out of me. He claimed that it was too late for them to collect on this alleged debt anyway. I wrote them another letter telling them about the SOL - they wrote back and said, "Well, it aint too late to report it!"

And whattya know . . .I got the dreaded alert today about my score plummetting 40 points. They reported me and I am furious.

BUT WAIT....THERE'S MORE . . .

A few weeks ago, I was able to find one measely receipt which states that in 3/01, I had a remaining balance of $1700. I haven't located any additional reciepts as of yet..but I will continue to look. (My God - we're talking SEVEN YEARS AGO!!!) In my recent exchange of correspondence with them, they claim that I owed 5866.00 in March. This one receipt may be the smoking gun....I really don't know.

I guess the obvious thing to do would be to hire an attorney...but until then, I would really appreciate feedback, opinions, and suggested course of action from the Fico Fam.

I'm so mad that I could spit. I worked so hard to clean up this mess . . .and now THIS.

Re: I'm so mad....I could SPIT

Anonymous — Sun, 30 Dec 2007 05:16:12 GMT

did tey turn it over to a ca? who is listed on your cr? original creditors don't fall under the dv umbrella. when was the last payment made?

Re: I'm so mad....I could SPIT

TheNiceVoice — Sun, 30 Dec 2007 05:20:06 GMT

Hi Ducky! *waving*

Thank you so much for the speedy reply.

No! They never turned it over to a credit agency! I haven't heard ANYTHING from these fools until this year.

The company who I used to pay my rent to is the same company that appears on my CR. (AR Building Corp)

I honestly can't remember when the last pymt was made. I estimate that it was around 8/01. In fact, I'm pretty sure that it was 8/01 because that was the month that I recieved a bonus check to move to Los Angeles...and I used a portion of it to pay the final balance.

Re: I'm so mad....I could SPIT

Anonymous — Sun, 30 Dec 2007 05:27:45 GMT

are you 100% posetive they didn't get a default judgement? if not i would dispute it with the cra and if it came back verified i would then send a mov letter.

that's the best line of thought i have, perhaps others can be more helpful. this may be a matter that an attorney should handle.

Re: I'm so mad....I could SPIT

TheNiceVoice — Sun, 30 Dec 2007 05:33:26 GMT

Wow. I'm seriously so angry until I'm feeling lightheaded. Ducky...You are awesome. Thanks for the advice. I am POSITIVE that they did not get a default judgement. I haven't heard one wicked word from them in 7 years. My mother (who has PERFECT credit) co-signed on this apartment for me. She would have killed me if I wasn't responsible with paying my rent or time OR paying off the final balance.

I'm off to define a *MOV Letter* (I don't think I've come across that abbreviation yet!)

Thanks again for the advice. Additional opinions are welcome!

Re: I'm so mad....I could SPIT

Anonymous — Sun, 30 Dec 2007 05:37:32 GMT

a method of verification (mov) letter is what you send to the cra if after you dispute an item, it comes back verified.

Re: I'm so mad....I could SPIT

TheNiceVoice — Sun, 30 Dec 2007 05:38:42 GMT

Awesome. You are simply awesome. Thanks again.

Re: I'm so mad....I could SPIT

Anonymous — Sun, 30 Dec 2007 14:47:16 GMT

Okay - an OC is not required to comply with a DV BUT if you dispute with all three and it veriifies they must investigate upon your request.

So - dispute with all 3 CRAs and wait for results

Then send the following to the OC

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

Re: I'm so mad....I could SPIT

Anonymous — Sun, 30 Dec 2007 14:56:17 GMT

thanks lady, i knew there was a way to follow up w/the oc just couldn't recall the method.

Re: I'm so mad....I could SPIT

Anonymous — Sun, 30 Dec 2007 15:12:05 GMT

It worked with Verizon (they removed the TL) but it was also $66 (and would have cost a fortune to do the investigation) - BUT it IS legal and if they blow you off you can file with the FTC, state AG etc... so it does have teeth. Just might take awhile for them to get biten.

Re: I'm so mad....I could SPIT

Anonymous — Sun, 30 Dec 2007 21:53:00 GMT

well SOL has nothing to due with reporting that comes under CRTP. Figuring the DOFD (guessing here) would be the same as a doctor or service bill.....the date of service or the first month that you did not pay the rent amount........then again there should be no rent amount due in which case they haven't a leg to stand on as there was an agreement & no rent is due.

First because this has to do with CRTP I would file a complaint with www.ftc.gov Tell them that they are reporting to CRAs past CRTP and there should be no CRTP to begin with as you had an agreement & paid per agreement! ALSO a furnisher must report CRTP no later then (guessing) 120 days after DOFD........they have missed that date by YEARS!

Please check all the info. that I posted. I know what they are doing is not legal but not sure how to word it.

You have a right to sue them in federal court for false reporting....If you win they will have to pay court cost & attorney fees.......you do not get awarded attorner fees in state court!

Befor filing a law suit you MUST MOV the CRAs! this could be a quicker way of getting it off your CR.

Make sure to keep hard copies of all CRs...this can be used in court to show damages!

Message Edited by HappyDays on 12-30-2007 01:53 PM

Re: I'm so mad....I could SPIT

fishbjc — Sun, 30 Dec 2007 22:17:34 GMT

I'm just throwing this out there....is there any way you can get those checks from the bank? You may have to pay for them to research it.

What a bunch of creepy skunks!

Re: I'm so mad....I could SPIT

Red1Blue — Sun, 30 Dec 2007 22:52:53 GMT

Hi lady, can we use this letter with comcast also? I am trying to get a collection removed from them. CA was not able to provide me DV yet.