Socialworkersalary2017
Happy to help anyway I can…everyone here has or has had problems and get just as overwhelmed.
You said honorably discharged, so I assume he did not retire. This still makes him eligible for the Post-9/11 GI bill so why is he taking out student loans? And I hope to hell you are getting the monthly stipend. If not RUN to the VA and get this going that stipend is between 1500 and 2k a month depending on your zip code and could help. If you need it this is a link to the info
http://benefits.va.gov/GIBILL/resources/benefits_resources/rates/ch33/ch33rates080116.asp#HOUSING
Okay on the DoD, just make sure it is legit and not a military F.Up.
As to the car loan in his name, was she awarded the car with him ordered to pay for it? Or was she awarded the car with a requirement she pay the note instead of refinancing? There is a difference and it should be spelled out in the divorce decree. If the decree says she is to pay, then sue her. Then take that judgement and the divorce decree to the lender and get it put onto her.
The lender won’t like it and will repo the car but in that circumstance, it would be on her not his record. Additionally, if she is failing to make divorce decree ordered payments, then get a hearing with the judge, screw the lawyers, and ask for permission to repo the car yourselves and then turn it back in if you don’t want it or sell it for the balance owed. You really need better lawyers.
You used the word “partner” here, are you legally married at this time? If not then your options change and in fact change for the better for you. If you are married and are not a strict traditionalist, consider a divorce for convenience. Depends on your state of course, but right now his credit can drag yours down.
I was afraid that it was the case he is on your accounts. It would be better if he had had a banking relationship on his own but it is what is.
Verizon- from what you say Convergent is acting as their agent and NOT a debt buyer. Contact Verizon directly, speak to their Credit and Collections department. Offer the PFD there. They can pull it back from the agent and vacate the collection off your record. Here you need to check your reports and see if both Verizon and Convergent are reporting you in collection or one of them is.
FirstSource seems to be an agent instead of a debt buyer. Try getting through to Cap 1 Collections and have them pull the account back. Same thing as with Verizon, make sure that both of them are not reporting to the CRA that you are in collections, they are not supposed to do that. Then if they pull it back Firstsource has to remove their collection reporting, and you have a window to PIF without needing a PFD. Then do a Good Will campaign to remove the lates.
Progressive—Find out the Date of First Delinquency. If the account is outside the SOL in your state (or the state the contract was made in) then request PFD based on not being able to be sued over the account. What this means is a tiny amount of leverage for you. The most they can do is keep the account on your reports for 7 years. If it is past the SOL, then it is likely you have less than 3 year before it drops off (depends on your state and the SOL.). Quite frankly at that point the would most likely want to have the money instead of just trying to harm you.
Additionally if the front line people are the ones saying no, try finding an executive level contact, maybe investor relations or board member emails. Reach out to them, play the Military Service when this happened, bad press, twitter, blah blah blah cards to get them to PFD for PIF.
The energy company action falls under the SCRA and as such can be liable for that refusal if he was on deployment when the default happened. There can be healthy fines if they screw a military person, so it might help get it PFD’d. This one may need a lawyer to deal with. Try contacting the American Legion and other Vets orgs nearby to get them onto the case.
The letter dates you mention don’t help us understand the timings needed.
There is number on each account called the DoFD which is the date of first delinquency. This is the date that caused the account to go to collections. Now this is where it gets complicated.
To see the proper DoFD you need the credit report and in fact what you want (and really need) is the printed report from each CRA. DO NOT USE THE ONLINE REPORTS! They mask information that you really need to know.
See the below images:
TU online report through freeannualcreditreport.com
Exp printed report for same account
This is how MyFICO 3B report shows the same account
In the top one (TU) you will see a line that says “Estimated month and year that this item will be removed” then look at the second one it says “On record until”. These dates are supposed to be the DoFD or close and they must be the same from report to report. And EQ shows it in yet a third different way. Now look at the third one and notice the PRA is telling EQ that they are the Original Lender which is a fact they know to be false. It means they are reporting the account as if they are a Lender which a Collection Agent can never legally be.
Besides a half dozen other problems with the reporting, one is that they are reporting the dates differently to each the CRA’s. however, if you look at MyFico (paid) you will not see all this data in the 3B they show you on line. That is why you need the printed report. It is a pain in the neck but worth it when you are rebuilding and fixing things.
The DoFD NEVER changes and is set by the Original Creditor (OC). However, debt collectors frequently try to misrepresent the DoFD in their reporting and in communication with you. This is illegal to do, but since most don’t know what the DoFD is or that it exists, the vultures get away with it way too often.
The DoFD has two very important functions. The SOL and the date the account will fall off your report are tied to the DoFD. Knowing the DoFD on any account gives you knowledge and some leverage on accounts past their SOL.
In your situation the plan to get PFD’s is a good idea, just be aware that without knowing the DoFD you are giving up some power you might otherwise have to convince recalcitrant companies to give you one.