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Prisoner of Debt, Please help me

Date: Sun, 10/23/2011 - 17:17

Submitted by jofeejoe
on Sun, 10/23/2011 - 17:17

Posts: 3 Credits: [Donate]

Total Replies: 10


Hi,
I just read today on yahoo a section that titled: "Things Debt Collectors won't Say" article and happen to do some research and found this site.
My issue:
Long story short, I was denied a job because of my credit history. I was told I had 30 days to fix it in order to get a job. I had no clue what to do but pay it off and I knew that was impossible. Either way, that has expired. My degree is Accounting and Finance and I'm basically a prisoner of my debt and can't acquire a job in my field because of this and I really need help. After researching here, I see that it is possible to get old Credit Card debt removed if it has passed my States SOL, which is 6 years in Indiana. But everything doesn't seem to be to clear so please excuse me if I'm being repetitive.
I have some accounts that are 7 years old and still are listed on my Credit Report and some appears to have been re-opened by LVNV Funding and ASSET Acceptance.
For example my credit report shows separate reports:
Sear/CBSD Opened: 07/2004 Verif'd 06/2006
LVNV FUNDING Opened: 10/2006 Verif'd 08/2011 Account: Citibank Sears Card (CBSD)
These are both the same account. Is it legal for LVNV Funding to do this? Additionally, what is the most effective way to get these accounts removed from my Credit Report? Can I just send a letter to the Credit Reporting agency asking for the Sears report to be removed and also LVNV Funding to be removed since it is pass my states SOL for CC accounts and since it is the same exact account but appearing to be reoponed?
Thanks in advance for your help.


Hi,

Equifax shows my last payment was paid or paid as agreed April 06. So that would mean SOL would be April 13?
I've got two more questions:
1) If I ask a CA to validate debt and they can't, can I possibly get the negative mark removed by providing non validation to the CR?
2) If I paid an original credit holder in full and the account was closed before I paid and didn't go into collections, will the removal of the closed account go away after seven years of paying the account in full on my CR?

Thanks


lrhall41

Submitted by jofeejoe on Sun, 10/23/2011 - 21:09

( Posts: 3 | Credits: )


Thank you,
Sorry if I'm asking to many questions but I have been researching for hours. But, if I request validation or verification, will this:
1) Reinstate the SOL?
2) Admit that I am the actual debtor since I'm requesting this info?

Also, if my credit report doesn't show a date of last payment to an OC, should I request this information from the original creditor if it hasn't been sent to a collection agency?


lrhall41

Submitted by jofeejoe on Sun, 10/23/2011 - 21:38

( Posts: 3 | Credits: )


No on both.

The only thing that resets the SOL is by making a payment.

You can talk all you want with the CA, the only thing that proves the debt is yours is if the creditor sues you and "proves" the debt is yours in a court of law.

Edit:

See
http://creditboards.com/forums/index.php?showtopic=428895

There is something about a 1 2 punch for verifying with the credit reporting agencies, I dont know if it would help but perhaps worth a read.


lrhall41

Submitted by ioalot on Mon, 10/24/2011 - 10:59

( Posts: 138 | Credits: )


Who are the current owners of the debt? Not the law firms or the original creditors, the current ones.
You have a pretty good chance to settle these really cheaply, since you have a real story of hardship. You can probably settle below 30%, depending on if it has gone to a lawfirm.
Give them your story, pay the bill, then you can show your employer the sheet that says you paid it. You will also need to request the CB take them off your credit. Even if it says "settled in full", it can be a negative reference. You want it to disappear completely.


lrhall41

Submitted by doggzilla on Sat, 10/29/2011 - 08:10

( Posts: 16 | Credits: )


Quote:

You will also need to request the CB take them off your credit. Even if it says "settled in full", it can be a negative reference.


Settled in full IS negative, not "can be".

The credit bureau is not going to take it off if it is reporting correctly and the reporter verifies it. Legally they can report for 7 years if done accurately.


lrhall41

Submitted by SOAPLADY on Sat, 10/29/2011 - 08:17

( Posts: 17315 | Credits: )


If you didnt notice, you are entitled to remove negative items from your credit report.

There is a particular section which gives you the right to have negative items removed. I used to see these letters all the time, it was the only letter I have seen online that actually worked, as most of these dispute letters are garbage and only provoke a debt collector to sue you.
The letter went something like this:

"Per section 60X of the FCRA, I respectfully request that this negative reference to a paid account be removed from my credit report."


lrhall41

Submitted by doggzilla on Sat, 10/29/2011 - 09:33

( Posts: 16 | Credits: )


You got be kidding me...have you ever read the FRCA?? I just panned thru it and there is no 60X. I googled it and nothing showed up.

No you are NOT entitled to have negative information removed. You are entitled to have your credit reporting accurately and factually.

FYI I have well over a decade working as a debt collector.


lrhall41

Submitted by SOAPLADY on Sat, 10/29/2011 - 09:41

( Posts: 17315 | Credits: )


X is an algebraic variable. It means that the correct value has to be placed there.
There are these things called precedents, and amendments. Just because the FCRA does not specifically state that something can be done, or that a person has a right to some form of protection, does not mean they do not.
For instance, compare the EEOA to the EEOC handbook. Note that even though the EEOA does not go into detail about what kind of protections a person has from discrimination, they are guaranteed those protections none the less.
This is because when there are two conflicting laws, the toughest parts of each law prevail. If a judge decides that something should be even tougher, his precedent is then the new law to be enforced, even though it is not in any amendment.
Pretty much, there is an assumption that a person has the right to certain common sense additions to a law. The CBs know this, they have lost suits even when they are technically following the FCRA, because they violated other amendments or precedents which may not even have had to do with credit reporting at all.
For instance, you may be aware that in the last sections of the FDCPA, it states that certain unrelated amendments also apply to the rights of an individual, such as a few relating to some transportation and farming amendments. They have nothing to do with debt collection, but they give a broad right that covered all other laws.
Like I said, the toughest law is always the law which is taken into consideration, even if it is in a case which is unrelated.
I have seen the CBs remove SIFs before, they wouldnt just do that unless there was a precedent to do so. Obviously there is a precedent somewhere.


lrhall41

Submitted by doggzilla on Sat, 10/29/2011 - 11:54

( Posts: 16 | Credits: )