Hi there. Relatively new to Debtconsolidationcare.com Don't even know if you're still active, but if your hobby is playing with CRA's..... Question, if you're available:
I've read through the FCRA. It does not contain the information I'm looking for. In regards to putting negative reporting on a credit report, what 'proof' is a CRA required to have/check before adding a negative report? When disputing a negative, the CRA's surely must have certain data other than 'the creditor told me it was a valid debt'. Where might these rules be found? Unless I'm missing something, it's NOT in the FCRA.
(Context: I want to dispute with my CRA's. Years back I did that once and they're response was basically "No, it's good." I want to b e able to ask them for specfic things that they must prove they have.. Thus need to find specifics required by law.)
And I have yet to see specifics on that or even reference to it anywhere on the site here....
Hi ND, was wanting your advice on something if you would be so kind...got a letter about a month ago from Capital Mgmt Svcs, on behalf of DB Servicing, original creditor was Discover Card...amount $ 9,940*
I send debt validation letter and communicate only in writing via mail, no calls. *Ffwd to month later, still no validation but get an offer to settle for 20%; $1983 within 10 days, or call/write to make arrangements blah blah. *Heres the deal also...I have proof of delivery of my letter and ret recpt. *They have called 7 times after receipt and also have not validated debt. *Do you suggest I provide them with copy/proof of violations and suggest in lieu of filing FDCPA violations they zero the account and mark credit paid as agreed? Or should I accept a decent 20% offer and pay over 6 months since I cannot pay all now? I am in Texas...another agency law firm closed my account just upon receipt of validation letter...I think CMS is trying a last ditch method and tax season effort here...thanks so much!
Raider
I have just started receiving call from Joe Pezzuto's office and from what I've been reading on the internet, I am scared to death. I am 63 years old, my new business that I started at the end of 2008 went belly up in May 2009. I am only getting unemployment. I tried to make arrangements to others before he got this account but none of them were co operative enough for me to pay off the debt. I've made arrangements and settled with all of the others, but this is the last one and I can't get any relief. What can I do at this point to stop this harrassment.
I am sorry to hear that your other site closed--Post when you can, you are a big help to the forums! I have been really swwamped with my EBay thing--mailing out 5-9 everyday--which is good- but not much time for anything else!! Take Care..karen
Nascar- I have just joined the community and I am trying to edit my profile. I am trying to change my name instead of using the default name the system gave me but it won't save. I also cannot change my password. Can you help or direct me to someone who can?
I had previously sent DV to LVNV twice, and they forwarded me to RJB. But I will again send a DV to LVNV and a DV to RJB too. But how should I tell RJB that I want to deal only with LVNV for my matters. Do I do it in writing through my DV to RJB ? Please suggest.Thanks for your help!!
Hi Nascar Devil,Thank you for your replies. I asked too many questions, sorry about that. I researched a little bit more about NDAs. I am preparing a NDA, but I have these basic questions, I hope you can answer them.You told me to deal just with LVNV and not with their attorney RJB. So how do I let them know the same. So should i call LVNV directly? (But I dont want to do that)And what happens to the attorney letter (RJB) which states that if i do not contact/ dispute the debt within 30 days it would be considered valid. So. should i send a DV to them too?Thanks
I've read some of your prior postings and felt you assistance was helpful. Hoping you might have some information regarding my post that might help.Here's a copy of my post from May 14, 09.After being laid off in the fall of 2006 and unable to land a new permanent position I had credit card debt with HSBC that was charges off in Dec 2006 and subsequently purchased by Worldwide Asset Purchasing. While the original debt was with HSBC I had made a number of attempts to settle the debt, etc before it was charged off, but was unable to come to terms with HSBC. The HSBC charge off is listed on my Experian credit report as a negative credit item. After the debt was sold to Worldwide, it has been transferred to a number of collection agencies. Worldwide also is listed on my credit report as a negative credit item (although none of the actual collection agencies used by them are on my report). Prior to finding this site, but knowing CAs purchase debt for pennies on the dollar, I had attempted settlement offers with a couple of the agencies. After some unexpected money from a tax refund, I recently contacted the CA I thought held the account to try another settlement offer to learn the debt has been returned to Worldwide. The contact number I was giving for Worldwide was no longer a working number, so I got online to attempt to find some information when I came upon this website. After some research, I located West Asset Mgmt, which had bought Worldwide, contacted them and learned the account has been transferred to Receivable Management Solutions. I have not received any written notification from RMS as of yet. It is possible they may have called, but i no longer answer unidentified calls. I don't necessarily dispute the final amount of $7789 with HSBC, (although they tacked on huge fees toward the end of the account,) but the amount Worldwide is attempting to collect is $8414.18. From what I've read, Worldwide and all of their subsidiary collection agencies are among the worst CAs to try to deal with. Looking for some advise on how to handle or possibly work with these disreputable companies, if that is even possible. Should my next line of attack be to request debt validation with Worldwide and send a notice to the credit bureau I am disputing the claim? Do I need to also make a debt validation request with RSM? I'm uncertain how to proceed with the shell game they play. I would like to get this cleared up and off my credit report, as the negatives on my report have cost me positions with two companies. I am still looking for a permanent position and certainly don't have funds to pay off this full amount due. It is my understanding regardless of whether this is cleared up with Worldwide, the negative HSBC will remain on my credit report. Does anyone know if this is correct or can I have this disputed on the credit report if the debt is ever cleared up with Worldwide? Thanks much!
dear nascar devil,I had actually followed your posts and was hoping to contact you for your knowledge and advice.You have helped me already and if you dont mind,I will compile more questions for you to tap your knowledge and suggestions
NASCAR,Received a collection letter from a Asset Acceptance LLC for an alleged debit to NATIONS CREDIT So I sent them a DV letter They wrote back and said: {As a result of our investigation we are hereby denying that the information is inaccurate.}So I sent a FOAD letter.There response: They sent a page saying DEBT VALIDATION with the last 4
Same here. My husband just told me that he met someone in his last stint in rehab; and is living with her. Via email. On my birthday.Yeah, gotta love people. Like Denis Leary says, "Life sucks, get a fucking helmet".P-mums
Hey Nascar I have a question for you. I just started reading up on Statue of limitations. Could you look at my post about it. Also I was wondering with SOL does it apply to the original creditor only or to Collection agencies also. I have a 15k debt which LVNV is trying to collect on. The original creditor sold it to them and I havent paid on it in over 4 years. On my credit report Providian states 0 balance charged off as bad debt. Thanks for your time and help!!
aka RAY JAYAre you telling me Life Guard Financial is a fraud?There is second Life Guard Financial in Naples FL. has nothing to do with debt. Gets all kinds of calls about these people.Thanks
Forgive me. I incorrectly posted this link to your forum rather than to one on Collection Agencies: "Car repossessed. No right of redemption as required by law". Can you either switch it to the correct forum, or delete it so I can post it to the correct forum? Thanks, Mountainstrider
Thanks you for your time and information. I don't feel so bullied and scared into a collecor's demands. I am stepping back and thinking things through now knowing I have rights and power, too.
Dear NASCAR Devil,Thanks for the help. The situation is this; I have nothing negative on my credit report. Just checked January 2009 my score is more than 700 and in the last 8 month I was able to obtain 5 unsecured credit accounts good ones also. More than 15,000 combined credit line.I have managed to stay under the radar for the last 10 years. Is it safe to assume RJM has no chance because they know the SOL is due? I your opinion should I FOAD RJM? I sent a DV over 6months ago and have no reply from them. You have any suggestions.Abhi
yes this is my 1st letter. and i am not sure where nohiogal found that info that they are bonded in tx. i looked on the tx sos and put in all the info and it says no search returned any results. it dont say any time frame on the letter. i doant know what to do???
Dear NASCAR Devilyou replied to my question about 6 months back. I sent a DV letter to a CA RJM and have not gotten a reply. Should i follow up with a FOAD letter? or just forget about this?? I have changed my address also.
Is this a CA or an OC? It would violate the FDCPA if it is a CA. Unfortunately, OC's are not bound by the FDCPA but there may be state laws that govern OC's. What state are you in?
An even dozen :)Gizmo (Current Avatar)MoochieUnoBobPenelopePugsKeekers (past avatar)ButtonIgoreAraJake (past avatar)Elwood (past avatar)You will so the whole crew one at a time :)
How have you been Devil ? I hope all is well. I have been so busy recently with the new promotion and the baby. Its been really crazy busy at work with the economy so lousy.
That's part of my signature and applicable to Texas residents only. Is this a student loan? You might want to post in the Student Loan forum or send a PM to Soaplady. She is the SL Guru.
Unfortunately, both the OC and the CA have the right to report. They can report for the maximum of 7.5 years from the Date of First Default. If the student loan iwas federal, then they could also garnish your wages.
well i never thought zona would get there.baltimore has a bunch of hard ass bioches on defense.i just noticed that.the top three d's are still in it.pitt,phili,and baltimore.go figure.
my best guess is either ceo/creditwrench,zisky,or that mope george costanza on pdl owners thread about not paying a pdl.i ended up locking it because of him.
That law only applies to 3rd party collectors. If this is the originator of the loan then the FDCPA does not cover them. As I stated, check SC statutes to see if there are any state laws that govern original creditors or any that mirrir the FDCPA
Dispute as "Multiple Inaccuracies" and make them verify every data field on their tradelines. If they dont respond w/in 30-45 days then it is automatically deleted.
I think you have, but your right. I have also notice more posts like that lately which is why I'm hoping people don't try to take the easy way out, take out loans and then try to get out from under hte loans. In this economy, only time will tell.
Hi NASCAR Devil,May I ask you for your advise in regards to my posting please? You seem to be very knowledgeable. I appreciated your feedback.Should I stop making payments to a CC that I no longer have the cash flow to support?Balance is about 30,000 (BOA) and $550 /month payments. At this point I could only pay about 150 per month.thanks!
A wage assignment is voluntary. You likely signed one if you took out a PDL. Wage garnishment in the context you are referring too (Ibelieve) is the result of a court order normally as the result of a judgement being awarded against a cnsumer.
Sorry one other ?? What happens if the CA is not registered/licensed in TX? do they just find another to collect for them? Appearently, Capital Management Services, LP is collecting for "current Creditor" Worldwide Asset Puchasing II, LLC. Don't want to disclose this on forum since I can't change my user name to help hide my identity.
Thank you!!! Nascardevil, You seem to have knowledge for collecting in Texas. Is it normal for the OC not to send aggreement? Now thinking back he acted like a CA. I would think at least for their additional evidence should they still not get their money AGAIN. I would be out of this mess if he would have mailed the thing!!! So what is your opinion of how I mail this letter - the address the CA used is wrong but living in a small town I still got it. I get calls on cell from the CA but I haven't spoken to them. So they really don't know if they are contacting the correct person. Only leave a msg to call back today to discuss a very important business matter
That is not covered by the FDCPA. You would have to dig down into your states Rules of Civil Procedure. It is a legal standard that the burden of proof is always on the plaintiff.
One more question! Should we file answer with the court even if we agree to pay the lawyer representing capital one. And if it's a "junk debt collector" is he misrepresenting himself on the summons? Thanks!
hiya--please go into the thread titled "Rubin and Yates" in the debt collection section--we have another troll violating the TOS and insulting members that needs to have his post deleted, thankswow, I missed when you were made a mod--good going! I know we had a run-in before but your advice here is simply awesome, goad you joined up! have a good one
4 Hrs?!!! Is it in the same county?!! Doesn't sound like it. Do some research into VA RCP and type up a MTD based on Improper Venue. If they are going to sue, they need to sue in the county in which you reside. Given the situation with a baby on the way, and if its in the wrong venue, you should have no problem either getting a continuance or your MTD being granted. Whaich county do you reside in and which county is the court in? BTW....from Prince William County myself.
You're reading that wrong. 75% of your earnings are exempt. Max garnishment is 25%. You will likely have the option to settle the acct before court. A payment plan may be an option but do not make a commitment you cannot meet. Keep the necessities going: food, clothing, shelter and then detrmine what you can afford.
I posted VA's Exemptions on the Warrant in Debt thread. Were you deployed when all this started? If so, you are entitled to additional protection. I'll pull up the link and send it to you if that was the case.
Please refresh my memory with some more details. MS is a great state to live in because they have a 3 year Statute of Repose which extinguishes the debt when the SOL expires.
LVNV is the JDB that owns the account then. You DV'd JC Christenson and Redline. You would need to DV LVNV as well and inform them that passing it from CA to CA is a violation since they haven't validated. Call the CRA reporting the Sears acct and find out the date of first default and verify the last payment made. Does 03/07 sound correct to you for the last payment?
SOL in NC is 3 years from date of last payment. This sounds like LVNV but generally they use one of their sister companies, Resurgent Capital, to handle the collections for them. Is that listed under LV's tradeline or under Sears?
Sorry I just saw this. Didn't realize I even had a page until just now so I'm not sure how long ago you sent this. FDCPA yes. FCRA No. But, you have to understand that there are no FDCPA cops. It would be up to you to keep detailed records and if it comes down to it, file suit for violations. The FDCPA is a strict liability statute, if they violate then they can be held accountable but its not a quick and easy process. IF they are violating the Cease Comm, file complaints with their state AG and yours, the FTC (toothless really), the BBB and if they are members, The ACA. If you do all this and they are still violating, your chances of winning a lawsuit improve dramatically.
Hi there. Relatively new to Debtconsolidationcare.com Don't even know if you're still active, but if your hobby is playing with CRA's.....
Question, if you're available:
I've read through the FCRA. It does not contain the information I'm looking for.
In regards to putting negative reporting on a credit report, what 'proof' is a CRA required to have/check before adding a negative report?
When disputing a negative, the CRA's surely must have certain data other than 'the creditor told me it was a valid debt'.
Where might these rules be found? Unless I'm missing something, it's NOT in the FCRA.
(Context: I want to dispute with my CRA's. Years back I did that once and they're response was basically "No, it's good." I want to b e able to ask them for specfic things that they must prove they have.. Thus need to find specifics required by law.)
And I have yet to see specifics on that or even reference to it anywhere on the site here....
Thanks.
Joshua