The topic in a prior post of mine has taken a turn, so I started a new thread on this subject: The new question is how to get a CO from 1998 removed that is reported as: Transferred to another lender - $0 Balance Butch Replied: It's time to sue My reply to Butch is: Butch, Do I have any downside risk? If I sue will they try to report a disputed debt to all three CRA's while we are in negotiations\court? I'm in Virginia and it takes about 60 days to get a court date(courts are backed up in my county). That is for a preliminary hearing to set for trial. Pleadings are 10 days for a Bill of Particulars and 20 days response time for a Grounds of Defense. So trial dates are at least 45 days from initial hearing date. Figure 120 days total and then either side can appeal to Circuit court by posting a bond equal to the amount of the judgement. (So Do I claim low damages to allow a $100 appeal bond if I lose in amll claims court?) One good thing in Virginia is what we laughingly call the "Lawyers full employment act", it states that a corporation must be represented by an attorney, so the $$$ can rack up for even the simplest issue. I can wear them down with discovery etc. How tough can I expect HFC to be if I cant get my backup documents from a closed bank (the OC), if they(HFC) are the new OC they should be able to provide records back to day one of the account, Is a judge going to require that? I asked from the first contact that they provide documentation and they avoided that question like the plauge, something tells me thay have nothing, but if the OC gave them incorrect records I cant sue a company that no longer exists. Thanks, JohnM
John, I had a real problem with HFC as well. After a CH 13 BK in '00, HFC could not get it right! In truth, we had 1 HFC account. That HFC account originated after they had screwed up the initial account in '99. So, to fix it, they transfered the balance to a new account number, seamless to me. Well, after the BK, it was like the account number just grew and grew and grew. There was the original acct #, the 2nd acct new, the new acct # they established for the BK trustee, acct #'s I had never seen (4 of these), all in all 9 HFC account #'s all with different dates/balances/etc. I wrote a scathing letter, threw a complete fit, once I got a person, and finally got it all worked out. They were absolutely wonderful about it. They completed UDF's for all 8 accounts initially. The battle drug on for over 5 months to get the CRA's to delete (even after HFC said to delete). The guy who helped me wrote letters, called the CRA's, anything he could do to help me. Finally, he threw in the last deletion because he said "you have been through enough with this." All in all, keep after them. Prior to the route I described above, I had disputed all of them at various stages. I had chipped away at it pretty well before the UDF stage. So, keep trying. One question--is this account with HFC or Household Bank? If it was a VISA or MC it would be with Household Bank. That is a completely different animal. I have really struggled getting a $500 MC deleted for my husband. The person I dealt with was in Virginia Beach. Isn't that their headquarters? Due to location, they might actually follow through on the suit. Good luck and keep us posted!
LisaMc, This is an account with HFC they claim to have aquired when Signet bank was merged with Wacovia or First Union. The Signet loan was shown as $0 balance on two CRA's and $0 transferred or sold on another. They all listed one 30 day late. I disputed with all three CRA's, two changed it to "paid never late" and one dropped it because the 30 days had expiered. I must have gotten a hundred calls from HFC, they all ended when I said send me the paperwork. They told me to send them copies of all my cancelled checks,I said no you prove it, It's not up to me to send you anything. I finally was dealing with the VA Beach office and offered them $800 (50%) to make it go away. My credit was worth that, but they refused to delete the TL. They also refused to provide any documentation regarding the account. I said document and I'll pay 100%. I was not as imformed as I am now, because of this board, and all this happened in telephone conversations. I realise that if I had done it by mail, I would have a number of violations against HFC. Failure to note dispute with CRA, etc. The guy in Va Beach was the manager and was OK to deal with but it was No Way are we going to change the reporting to the CRA's. HFC said we will take 25% to settle, but if it's not mine and you wount delete it why should I sent them a dime? He realy didn't have a good answer to that. Since then seven or eight CA's have sent letters trying to collect, I send them copies of the dispute letters sent to the first CA, stating prove this debt or I'll sue you for any damages to my credit. Not a one has replied they just sell it to someone else. I actually like to call the new CA's and tell them, I've got 3 cars paid for, a house, two brokerage accounts, and four CD's. If you think I owe this SUE me, if you win I'll write you a check in court. No takers yet! Thanks, JohnM Holy FICO Scores - Batman! Don't worry Boy Wonder they are just random numbers !
John, I don't suppose the date of last activity is wrong is it? That is what worked for me with an original creditor. They wouldn't provide documentation either, until they got served. I didn't think they had it, but once I sued, they provided me with the original application and all statements of account. Fortunately, the dola had been re-aged by two years (like I had been telling them) and they deleted. Good luck! L
Interesting point. If I did owe them money the DOLA would be the last payment made to Signet Not HFC. I made NO payments to HFC, I disputed it the minute I got the first bill. Signet shows it as "paid as agreed - Zero balance" DOLA in 10/97 HFC shows first - 30day late in 4/98, (six months later than my payoff), then they CO'ed in 03/99. JohnM
If they are reporting the dola incorrectly, dispute it with the CRA's based on that and if that doesn't correct it, then you might have to file suit. I wish I could be more helpful, but unfortunately, that's about the only thing I've found to work once they dig in their heels. At that point, they don't appear to care that they are reporting incorrect information. L
Mind if I ask if you've reported this to the Attorney General in your state and what state is the CO in? The reason I ask is that I went to the Virginia Attorney General's website and see that they have a specific address for collection complaints based on where you live in Virigina. It's worked for me....thought I would ask.
Dear John, Unfortunately I do beleive there is a time when these people get angry and "dig in their heels". Seems like no matter what ya try to do after that point it doesn't work. What you've posted here only serves to reinforce my original thought that I think you're there and the only way to get their attention is to get a case number in front of a decision maker, (both components are important). You can't deal with a poorly paid nitwit any more than you can teach quantum physics to the aborigines. Maybe Lisa can find the name & number of that helpfull person up there so you can try and contact him/her. You can file a small claims case without much difficulty or expense for what must be 50 violations by now. Once they see how serious you are I think they'll acquiesce. You have actionable cause for serious damage on your part because of your good credit. You have already said numerous things that makes me think they'll buckle, like: "when I say send me paperwork they run" or " send us copies of your cancelled checks". Sounds to me like they are hard pressed to come up with the paperwok to substantiate their postion. I wouldn't pay them a penney. They owe you money at this point. And when you have really excellent scores we should fight like hell to protect it. Also, NanaC posted a good procedural analysis on checking the bonding background on these Co's. Have you seen that thread? It's at: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=187897#post187897 Unfortunately in my stae, Ohio, no license, bonding, or even professionalism is required but you should check it out. BTW I did get your email. Keep us posted.
Butch Good link to a helpful thread. The last CA that had this account was from Texas, I searched for corporate information on them and found they were delinquent in "state franchise fees" and were scheduled to be disolved if not paid by a certain date. The Texas code also requires a CA to provide the following: "§ 392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files (a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice." I called and asked for the form to dispute the debt He said "We dont have to provide anything". I said thats strange the state AG thinks that you do, refer to code section 392.202(a) and by the way I need help in filling it out, should I call you personally or someone else at your firm? Dead silence ensues on phone. He then gets nasty and I laid the last one on him. I said "Don't you think your agency should pay their own franchise fee taxes before you harass innoccent people." CLICK goes he....No further calls from them. He..He..That call was a riot.. Well in todays mail is collection agency 9 with another letter. This is getting old...Not a one has dared report it on my credit report...The first one that does gets sued. JohnM
Whyspers, I am having this exact problem. BofA acquired or merged or something with Nationsbank. My acct. was charged off 1/97 (as per old reports) but they are now reporting it as 10/98. I've disputed and it keeps verifying. Sent the intent to sue EX since they're the ones who keep reporting the wrong info. Did you have to actually go to court?
