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Things just keep popping up...

Date: Wed, 10/15/2008 - 02:55

Submitted by anonymous
on Wed, 10/15/2008 - 02:55

Posts: 202330 Credits: [Donate]

Total Replies: 5


I have been trying to fix my husbands credit for the last year. It seems evertime I make a step forward, we have new things pop out of the wood work. So I come to all you savvy knowledgable people with a few questions about 3 different debts we have.

1) Asset Acceptance (god I HATE THESE ONES): 3 years ago a credit card was stolen that was issued by HSBC. We cancelled the card and were told the balance was 0 on it so we didnt get a new one because we never used it anyway. Well turns out it wasnt cancelled right away I guess and we ended up owing $219 on it. Well since we had moved overseas the year before and they hadnt changed our address in their file and with no new card to send no new address asked for, we never got a bill for it. 1 year later I pull the credit score and here is a HSBC Charge off for $219 and a collection agency for $530 (no clue where the extra $311 came from btw). We wrote the collections agency, sent the police report and they dropped it... or so we thought! Then comes collection agency 2 who buys the debt again so we redo the same thing send the info and they drop it off. Well then Asset buys it, tacks on $100 AND reages it saying it is a April 08 debt, not May 06. Well I already have the HSBC charge off looking bad that I cant seem to get taken off so a collection agency for the SAME debt is really dropping our score. Can I do anything about them re-aging or should I just wait it out until the SOL is up and then offer a settlement against it being removed from my report? Or any OTHER suggestions by any chance???

2) Last week I get a notice about a change in the report. Well I find a $2600 "bad check" that has apparently been reported since June 06. This is the first mention of it on the report or even to us in general. The only check my husband wrote that year for that amount of money was to Midas for a transmission replacement and we now that didnt bounce because we spent our first month overseas without a dime cause they cashed the check 6 weeks after we had originally wrote it. So any suggestions on the course of action to take here. I already disputed it through Experian and all the wrote back was "account verified". They dont even state who the check was to or where the debt is coming from, it just says PCM Bad Check. Open to all ideas on this one....

3) BAck to my HSBC problem, anyone know how I could convince them to take it off my report? I have no problem paying them the $219 if thats what it takes but I am not going to pay it to them and every other collections agency that comes around to collect it. Can HSBC stop the collections actions if I pay them directly even though it is a charge off?

Thanks a million to ANYONE who has ideas or suggestions!!!!


I don't know all the answers but I would recommend you go to annualcreditreport.com and dispute both of the items on your credit report that are not valid.

It would probably stop HSBC if you paid the 219 but I would first dispute what's on your credit report and let them know one final time that it is NOT your debt since the card was stolen.

Sorry I can't be more helpful but hopefully that's a start for ya. Good luck.


lrhall41

Submitted by on Wed, 10/15/2008 - 05:22

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NO NO NO NO NO!! DO NOT PAY THAT $219!! If you pay it, it will just show a zero balance, but the charge off will remain!

What you need to do, it dispute it with the credit bureaus. Include all info - including the police report! Send CMRRR. List HSBC and the collection agencies relating to this. The CRA should remove it. If they don't, DV the CA and if they don't provide info, dispute it again with the CRA and if it remains still, then you have grounds to sue the CA for reporting for an unverifide debt.


lrhall41

Submitted by desperatelyseekingsanity on Wed, 10/15/2008 - 07:59

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I agree. DO NOT pay this. It will do more harm then good at this point. Do as suggested above, dispute with CRAs and DV the CA. All via mail, CMRR.

Besides, why would you PAY $219 for something that is NOT YOURS? If you have no problems with that, send the $219 my way instead! It can be put to very good use by helping to pay off some of my debts. Thanks!!! :mrgreen:


lrhall41

Submitted by DirtPoor08 on Wed, 10/15/2008 - 11:00

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ABSOLUTELY do NOT pay this--for many reasons...

for one thing, HSBC may not even own the debt anymore--they may have sold it to these collectors! So paying them would simply be a waste of money--it wouldnt even go to the supposed debt anyways in that case. Here is what I would do--

1--if HSBC is still reporting this on the credit bureaus, you need to send THEM a certified letter disputing the debt. In this letter, I would include a copy of the police report and inform them how they already had told you that they cancelled the card, so there would not be any possible way to have a balance on the card. And, if you find that they still do own this debt, then I would inform them that any further collection activity against you will result in complaints being filed with the FTC and the attorney general's office in your state, because you already have proven that this is not a legitimate debt, and if they continue to hound you over an illegitimate debt, then they can expect you to take any further action necessary to halt their harassment, including legal action.

2--send the same certified letter to the collection agency thats hounding you now. Explain the same thing to them. Including the part about filing reports with FTC and AG's offices, and taking any further action as necessary to stop them from continuing to harass you illegally over a fake debt.

3--After you send those letters out, and you get the signature cards back from the post office showing that they have received them, wait a few weeks.....then, dispute the entries again with the credit bureaus. See, it is a violation of the Fair Credit Reporting Act for them to verify a debt as accurate if they cannot validate it as accurately yours to you. And, in the case of a collection agency, the fdcpa prohibits them from taking ANY collection action against you once they get a DV letter from you--until they respond with validation sent back to you. So, if Asset Acceptance verifies the debt as valid with the CB but hasnt provided you with validation yet before they do, they have just broken the law in a way that means they now owe YOU $1000....Now, you can sue them at that point for that money....or you can simply use their screwup as leverage, telling them that they are now in violation of both the FCRA and the FDCPA, and you intend to sue them for the appropriate damages because of it unless they make this disappear forever, as in "dont sell it to another junk debt buyer either". Tell them that you want it in writing at that point that they are ceasing all collection of this supposed debt, that they consider the matter closed, and that they agree to not sell the "debt" to anyone else, OR you will take them to court. To drive the point home, I would tell them something like "It would look rather ridiculous for your company to push about a supposed $530 debt, and have it cost your company $2000 plus legal fees and court costs in the end for your repeated violations of federal law, don't you agree??" and see what their response is.

As for the bad check, Experian should have contact information for whoever it is that put that on your credit report. Use that contact information and send them a certified letter stating that you dispute their claims and that you hereby request validation of the debt. force them to prove their claims--if they cannot, then they by law MUST stop reporting it to the credit bureaus. Also, check all of your other credit reports too---they may have reported to others as well. But here's the thing--2006 isnt that far back, so you should be able to contact that bank that you had that checking account through, and request records for that time period. That way, you will have proof that the only check for that amount that came from that account did in fact clear and did not bounce. This information can be then used several ways--first, send a copy of the bank statements to the creditor that's listing this on your credit report, inform them that they are now in violation of the FCRA/FACTA because they previously verified the debt as "valid" when you disputed it, but they are clearly mistaken since you have bank records proving them wrong. If they STILL dont take it off the report, you can send a copy of the same bank record to the credit bureau and demand that they remove it or face a lawsuit themselves--the law requires that both the credit bureau and any collector be held accountable in a case where information they list on your report is known to be inaccurate--if you can prove to Experian that it is obviously bogus, and they continue to report it anyways, then they are committing their own FCRA violation and can also be threatened with legal action for noncompliance. OR, you can choose to send a copy of all of this stuff to your attorney general's office in your state and file a formal complaint against the creditor thats reporting this "bad check" to Experian. Oh, and you can also contact the Midas where you wrote this check, and ask them to verify their records on the matter for you--ask them for a statement in writing showing that your payment did in fact clear, they should have those records somewhere too since it hasnt been like 10 years or anything.


lrhall41

Submitted by skydivr7673 on Thu, 10/16/2008 - 01:52

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