topic Re: My plan of attack in Rebuilding Your Credit

My plan of attack

AccountingGuy — Thu, 24 Oct 2013 00:13:19 GMT

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?

Re: My plan of attack

AccountingGuy — Wed, 20 Nov 2013 15:14:54 GMT

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?

Re: My plan of attack

newmomnewme — Wed, 20 Nov 2013 15:35:40 GMT

@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.

Re: My plan of attack

AccountingGuy — Wed, 20 Nov 2013 16:06:17 GMT

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? 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.

Re: My plan of attack

newmomnewme — Wed, 20 Nov 2013 16:11:54 GMT

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

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)

Re: My plan of attack

AccountingGuy — Wed, 20 Nov 2013 16:12:32 GMT

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?

Re: My plan of attack

AccountingGuy — Wed, 20 Nov 2013 16:23:48 GMT

@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.

Re: My plan of attack

newmomnewme — Wed, 20 Nov 2013 16:28:41 GMT

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

Re: My plan of attack

Anonymous — Wed, 20 Nov 2013 16:36:50 GMT

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.

Re: My plan of attack

AccountingGuy — Wed, 20 Nov 2013 16:37:42 GMT

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.

Re: My plan of attack

newmomnewme — Wed, 20 Nov 2013 16:40:14 GMT

Yes, work on something else for now, make plans to pay it in full on pay day. No worries.

Plan to have it done before January 2014!

Re: My plan of attack

AccountingGuy — Wed, 20 Nov 2013 19:01:21 GMT

@newmomnewme wrote:

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?

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.

As far as the university goes: I've called them, I've emailed them, and I've wrote them. I spoke to the lady who did my first GW and she explained that it was done because I made a large payment to bring the account current. However, the other account was already paid off, so they did not GW it. I paid both at the same time, but they only GW'd the account with money left...argh. She's e-mailed me multiple times saying that she can't do it. I've wrote and e-mailed everyone in the department. I also send a letter to her, her boss, her bosses' boss, and a few other CSRs every week. I'm hoping to annoy them enough that they will do it so I go away. If I don't think they will ever GW, I'm going to hit them with the CRA dispute. I already informed a CSR that the account was reporting incorrectly, but she didn't seem to care.

Re: My plan of attack

AccountingGuy — Thu, 21 Nov 2013 14:18:39 GMT

Got some unexpected news this morning!

Transunion removed Midland (yay - I beat them!)....and ready for this? They also deleted my judgment!!! I don't even remember disputing it. I might try to dispute with the other two CRAs and see what happens.

My only concern is....when I pay this sucker off, can it be readded to my report showing satisfied?

Re: My plan of attack

newmomnewme — Thu, 21 Nov 2013 14:34:53 GMT

Way to go @ Midland. I would wait to see what others have to say about a judgment being re-added, but I don't think so.

Just pay it and start your vacate process and don't forget to celebrate your Midland victory!!

Re: My plan of attack

AccountingGuy — Thu, 21 Nov 2013 15:32:59 GMT

@newmomnewme wrote:
@Way to go @ Midland. I would wait to see what others have to say about a judgment being re-added, but I don't think so.

Just pay it and start your vacate process and don't forget to celebrate your Midland victory!!

Thanks!

I went ahead and disputed the judgment on the other two reports. We will see what happens. I disputed the university loan on all 3 as well as my BoA stuff. BoA had listed several charge offs on the same tradeline. It seemed weird to me, so I'm hoping they just delete that.

Re: My plan of attack

Anonymous — Thu, 21 Nov 2013 16:22:21 GMT

I haven't read the entire thread but it would depend on why it was removed.

If it is beyond 7 years from filing date, no, it can never be reentered, paid or not.

If it is not beyond the 7 years, yes it can.

Re: My plan of attack

AccountingGuy — Wed, 27 Nov 2013 13:17:43 GMT

OK, so here's an update:

Experian finished investigation in a whopping 4 days....

Judgment stays (of course)...they wouldn't even let me write what was wrong with it when disputing...no surprise here

University loan UPDATED to paid, closed as of 11/2013. The account still shows 120 days late....payment...then 120 days late the next month after in 2009. Two questions: First, did this just update my 7 years or will it still go by DOFD? Second, should I dispute again? The 120 days is incorrect....it doesn't seem like Experian even looked into it. Also, GW doesn't seem like it will work. They aren't answering my e-mails or letters anymore.

Re: My plan of attack

Anonymous — Wed, 27 Nov 2013 15:56:26 GMT

I think people are confused in the way a CRA even does an investigation. When it comes to a judgment, they look in the data base themselves. If it is there it is verified. It could only take 1 day for them to do that.

The CRA doesn't "look" at your file. They send the dispute to the creditor and the creditor verifies one way or the other. They very well could have completed that within 4 days. That is how the CRA investigates, by asking the creditor.

No it didn't update the 7 years.

If the account was paid and closed there can be no lates after the date it was closed. If the account was 120 days late at the time it was closed, it should show was 120 days late.

I would send a direct dispute to the creditor, along with a copy of how the TL is reporting and not dispute with the CRAs.

Re: My plan of attack

AccountingGuy — Fri, 06 Dec 2013 16:23:18 GMT

OK, new question.

GECRB sent me a letter in response to my dispute with the CRAs. They claimed that they could not find my account in their system and wanted me to provide an account number and reason for my dispute to help them out. I'm thinking I shouldn't do this. If they can't verify my account, then they should delete...correct?

Re: My plan of attack

Halliep — Fri, 06 Dec 2013 22:23:14 GMT

The difference in the court dates for the judgment are not a mistake - the 4/1 was the hearing, and 4/13 is when the written order was entered. To vacate, you just need to file a motion to vacate. The clerk may have been confused when you called because vacating is not a matter of right (i.e., when you settle the debt, it's not automatic that you are entitled to the judgment being vacated). You will have to present grounds in your motion filing as to why you think there is good cause for the judgment to be vacated. Depending on the judge, mere settlement may not be enough. The judge has discretion to grant the vacation of the judgment but is not required to do so. You will likely need to show up for a hearing to argue it, but that varies from state to state and county to county.