I cant do no more

Discussion in 'Credit Talk' started by raiderpam, Jan 31, 2002.

  1. raiderpam

    raiderpam Well-Known Member

    Thats it I dont know what else to do, I cant dispute with ex , and I just got a letter from trans say the disputes are frivolous, I guess I will just have to quit ,I really wanted to buy a house this year but its not going to happen. I sent validation letters out with no resonse and I know of no other way to get this off, and yes they are mine. I only had two repos reporting that should have been one two different ca are reporting it, and one charge off and one closed paid account with lates left, it dont seem like alot but it really hurts your score and I dont know of anything else I can do.Thanks for everyones help and good luck to all.
     
  2. Christi

    Christi Well-Known Member

    Raider,

    Wait just a minute.... I was gonna leave myself a week ago and after what everyone had to say, I simply got PISSED and motivate to do more. I decided NO collection agency or credit bureau was gonna stop me. I will show them!!! I have since filed a lawsuit on Equifax. I will be filing on TU Monday on my lunch break if I have to. Paperwork is typed, signed and ready to roll.

    Tell us more details, maybe we or surely someone can help you. Don't give them the benefit of the doubt.
     
  3. BruteForce

    BruteForce Well-Known Member

    If you're not getting a response from a validation letter, you need to fight them. Go here:

    http://www.faircreditmovement.org/validate.htm

    This is a great place to start learning exactly what you need to do concerning validation. Nothing about this trip is going to be easy so don't give up.
     
  4. raiderpam

    raiderpam Well-Known Member

    Thanks Christi, but I really feel there is not much I can do when the ca dont respond ,one is out of busniess but the one that bought the account veifies for both and the cra says they can do this, as long as they listed it transfered or sold .I calledthe other creditor on another account to ask them to remove or not verifiy the lates on the account and they said they cant do that, I dont know how to deal with the orgianial creditor on the other charge off, I am ready to give up , but if anyone has suggestions I will give them a try, I am glad you stuck it out, I know how very frustrating it is.
     
  5. raiderpam

    raiderpam Well-Known Member

    Thanks bruteforce, I have sent the two validation letters registered mail, can I now file a complaint with the FTC or shold I send them another letter first?
     
  6. dfwgt

    dfwgt Well-Known Member

    Hey Pam - trust me, I found out today that the result of a dispute on a collection account resulted in it being changed to a charge off, the heck with them getting away with that.

    One thing might be to send a Procedure letter making them tell you how/whom verified it.

    Also, I'm trying to find out if this info forces CRA's to redispute no matter what.

    Here's the link: http://www.cdiaonline.org/acdvnews1.cfm

    If this is indeed true then you may have something on them. I know I'll use this heavily.

    GT
     
  7. uniondiva

    uniondiva Well-Known Member

    If they are not validating, then you should be ready to send estoppel and /or intent to sue letters. if they are reporting the information and cannot validate the cra's must delete it. this is not about sending letters and keeping our finger crossed, it is about exercising your rights.

    if the ca is out of business, who signed for the crrr validation letter? if it was returned, then you need to send a copy to cra and tell them to delete. If ca are not responding to validation, then send estoppel.

    tell us more about what you have done? with the repo;s i had the same problem... one repo, reporting twice... you must be very clear in your letter in indentifying the duplicate accounts and then dispute and attempt to validate both.

    don't give up, we will help you!!!@!
     
  8. BruteForce

    BruteForce Well-Known Member

  9. nursie

    nursie Well-Known Member

    I know just how you feel. I've hit a brick wall too. I'm tired of people pointing the fingers at each other. Like Christy said, don't get discouraged. Get pissed. .
     
  10. raiderpam

    raiderpam Well-Known Member

    Hi it has the same adress has the other ca that is reporting it has, they are the ones that bought the account so even when I send it in the other ca"s name they sign for it, The last letter I send was the one the link leads to, I am still waiting for the green card on it , its been over two weeks now, I waited 90 days after the first validation I sent to send it. In october they sent me a letter saying to contact them or they would refer my account to their legal dept. Thats why I waited this long to send the next letter, I was waiting for the sol to be up and it was this month.Afer that I received another collection notice from a different ca regarding this same account and I sent them the validation letter right away, That was in dec I never heard back from them and they are not reporting .
     
  11. Christi

    Christi Well-Known Member

    This site has some GREAT info. I am in both sites in different windows now. I like some of their A&S methods etc. You might try checking it out, go to home page and then click some of the other links, there are some more options.
     
  12. BruteForce

    BruteForce Well-Known Member

    Yea, that site picks up where I feel creditnet leaves off. The language is kept simple enough that anyone can understand and it's somewhat thorough. I come here for the experienced advice.

    raiderpam:

    If they are continuing colleciton attempts after you sent your validation letters, that is another violdation of the FDCPA. You should start writing down all the violations they're racking up for a potential lawsuit (or at least point these violations out when threatening lawsuit). Additionally, I'm almost positive that they have to mark the credit report lines as being disputed. I doubt they have done that. Here's links to the FDCPA and FCRA. Read them, understand them, live by them.

    FCRA:
    http://www.ftc.gov/os/statutes/fcra.htm

    FDCPA
    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
     
  13. PsychDoc

    PsychDoc Well-Known Member

    Remember this (and I hope this helps):

    When you request validation, there are only four possible outcomes:

    Possibility #1: The creditor actually produces validation, in which case you move toward a negotiation stance. This will cost you money. You'll end up paying something for the money you previously borrowed, although that sum will probably be considerably less through negotiation, and you also have an excellent shot at having the creditor reduce or even remove the negative tradelines from the credit files. At the very least, after the account is settled, you can redispute the tradelines with the CRAs, or even move to a "nutcase" scenario where, in effect, YOU become the pursuer who makes demands on the CA, and they begin to wonder when you will go away. The game just plays out differently if they produce adequate validation.

    Possibility #2: The creditor ignores your request for validation. At this point, you move forward with validation letter #2, and then once ignored again, with the estoppel letter. If everything is ignored, you have grounds for a lawsuit against the CA (as well as a super paper trail which proves they ignored you), because they are obligated under the FDCPA to either validate the debt or forgive it and remove all associated tradelines. If the CA attempts to collect at this point, you have them on another FDCPA violation. At this point you can also attempt to work with the credit reporting agencies, exhibiting the paper trail as evidence, in hopes that they will simply delete. At this point you have, perhaps, a 20% chance (that statistic was pulled right out of my you-know-what, lol, but the point is that you have a chance, although not a great chance) that they will simply remove the tradeline. Finally, you can sue the CRA for ignoring the evidence in small claims court and almost certainly prevail.

    Possibility #3: The creditor provides inadequate validation. At this point you proceed as if you haven't received validation at all, because you technically have not. The CA has not proven the debt. If they attempt to collect, you've got them on a FDCPA violation. Regardless, you follow up with validation letter #2 and then the estoppel letter (or, you could go straight to estoppel, lol, but remember that you want to build a nice paper trail which shows a judge that you gave them multiple attempts to tell you what in the heck they're talking about vis-a-vis the alleged debt). A visit to small claims court is next at this point, and you will probably prevail.

    Possibility #4: The creditor apologizes profusely, removes the tradelines, forgives the debt, and just goes away. This is the possibility you hope for, obviously, because it's the easiest of all. Believe it or not, this actually happens quite a bit -- although perhaps not most of the time. Do not make the mistake of thinking that this is what SHOULD happen and that if it doesn't happen you should simply quit. More likely, you're going to travel along one of the paths associated with one of the three other possibilities.

    Remember that the first three possibilities take time. There is a clear path to travel. Be patient. You are on a journey. If you get lucky and net the fourth possibility, then terrific! If you don't, though, don't make the mistake of believing that you have failed in your efforts and that it's time to give up. The truth is that you're just beginning in that case, and you will probably prevail in the end. Chin up!

    The credit therapy session was brought to you by your friendly PsychDoc. :)

    Doc
     
  14. raiderpam

    raiderpam Well-Known Member

    Thanks so much for all the support you people are the BEST, I WILL KEEP FIGHTING!!!!!!
     

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