Well after being elated over my initial success, I'm feeling like I'm hitting walls now. I hadn't checked my mail for a few days, and I did today finally. Wow, what a load of crap was in there! I'm kind of stumped on how to follow up with some of it and would love some advice! I'll apologize in advance for this post being so long. 1. Had a certified mail receipt in my box from Unique Management. This is for a debt to the library I supposedly incurred. I haven't been to the library in YEARS and this supposedly occurred in 2001. I sent them a validation, and got a print-out similar to what other people on the board have gotten (name and list of books only, no ssn, no signature). I sent them a letter saying, thanks but try again. No response. Sent them a second validation letter, and got this certified mail receipt in the mail. I can sign and have it left in my box w/o signing the letter. Should I sign it left-handed, or in some other way to disguise my actual signature? I'm probably being paranoid, but I don't trust CA's for a second! 2. After sending TWO demands for validation I finally got a response from AAA Collectors with a copy of an NSF check (front only) with an interesting letter. It says this is the third time they've sent the check, and that they've sent it on 2/21 (before I sent out my first validation letter or CRA dispute), and on 3/3 (never got anything). It says to call "JBA Services" to set up payment arrangements. I have no idea who JBA services is, nor does the letter explain why I should pay them and not the CA or the business to whom the check was written. Finally it says "if this check does not belong to you please provide this office with proof that you did not write this check." How exactly do you prove a negative? The kicker is that the check is for about 1/3 of the amount listed on my credit report. There are so many problems with this letter that I don't know where to start writing my response! Suggestions? 3. Here's another good one. AAA Credit Service responds to my SECOND validation request with this: "After careful investigation into this account, it has been determined that the above mentioned account is still owing. As such, the balance in full is due and payable immediately." THAT'S IT!!!!! Oh, and the amount listed on the letter is WAY less than what is on my reports. Should I go with the "this is not validation" letter, or go straight to small claims with these clowns? 4. Bally Total Fitness. This wasn't on my reports until my first round of disputes were done. Sent Bally a dispute letter. Got a letter from them saying "in order to review your request for cancellation"... I didn't request to CANCEL my membership! The want me to send a copy of my driver's license and my signature written three times. Correct me if I'm wrong, but under the FCBA, don't THEY have to research and then EXPLAIN why what they're reporting is accurate? What in particular should I point out in my response? Not related to my mail today, I've been trying to figure out what to do with my situation with BofA. First of all, this card was opened when I was 17, which seems like it would be illegal to me (but probably not worth pursuing as a deletion tactic) This cc was charged off back in late 1996, early 1997 and turned over to Arrow. I settled with Arrow (before I knew what I should have done). BofA is showing as a charge-off, but still with a balance. Arrow shows "paid in settlement", but its listed in my positive accounts, and as an R1. I don't understand that at all. When something is charged off shouldn't it show a zero balance? Or at a bare minimum, since I paid it, shouldn't it show as a paid collection? And how is Arrow an R1???? It is helping I guess, but that's confusing. BofA will fall of in December, but its really frustrating me. The only response I've gotten from BofA is that they're referring it to their fraud department. Would it be worth it to actually CALL Arrow and get a letter from them saying its paid and send that to BofA? Again, sorry this is so long, but I've been obsessing on these things all day, and haven't come up with a decent solution yet. Any help would be greatly appreciated!
Yeah - I've got a similar thing on my EX report - Arrow is showing as a positive account, but the OC (Direct Merchant's) is still showing a balance even though it was charged off early 2001. I'm scared to mess with it too much because it's so weird to have a CA as a positive TL... and I need all the positives I can get right now... I dunno...
JBA is on my list too. They are terrible to deal with. I sent them two validations after they showed up on my Transunion, with no response and TU verified. So I contacted them again and they promised to send me a letter with a check copy. I never recieved that. I contacted the retailer because thats how I originally found out it was JBA. My Privacyguard showed the retailers name but when TU came back with the verification, it listed JBA. (A Privacyguard problem?) I believe I did write the check in 1999 on a business account based on the retailers info. My main goal is to get it deleted and it is under $60. So today I get a letter from JBA finally. After they have called me a half dozen times asking for payment which I refused until I got it in writing that paying that amount would fulfill the obligation to the retailer and be completely deleted. So I have amount and detail in writing, except no copy of the check or promise of deletion. I called JBA and she says that they won't offer deletion if I continue to drag it out. (I know the retailer holds the original check, since I have a friend who is a Mgr for them and made some calls on my behalf.) But JBA is the reporting, not the retailer. So the retailer can't make them delete. SO I called JBA back and said I will bring payment in person if they can provide me a letter before I physically release the payment to them. I am driving right past JBA's office in the Bay Area tomorrow in route to somewhere else so its worth the small amount of money to get the deletion. My TU is getting really good! And I am using settlement money from a non-PP so what goes around, comes around.
Also, here's a seperate e-mail on Unique Management. I paid Unique almost 9 months ago before finding this board. I wanted to use my library card and they said that they had fines turned over to Unique. It was only $34 for fines on late returns and so, once again, $34 was worth it to me to check out books, videos, CD's, DVD's, etc that I didn't push it. I didn't know it was showing on my credit reports back then. Now since I am so into cleaning up my credit reports, I started looking into everything. Come to find out, the library had changed my address to some address I had never heard of at the time of the books checked out and sunsequent fines. I sent Unique a letter in mid March. It was a goodwill, not asking for a refund but that since the debt was not mine, can you please delete because I believe there was a mistake and somehow my account was tied to someone else. A couple weeks later, I followed up with the person at my local library who handles these accounts and turns them over to Unique. She stated Unique sent her a fax of my letter and she would look into it. She called back and left me a message that "problem was corrected and wait a couple weeks for updating". I haven't had time to follow up with her or Unique to ask for a confirmation letter. You might try contacting your local library contacts with Unique. (Circulation Manager?) Thats where my success seems to be. Although I happened to create goodwill letters for higher people in the City and Library just incase the corrections aren't made and it doesn't get deleted. Good Luck!
Wow Chick, the fact that you had sucess with Unique is impressive. I've been trying to study as many threads about Unique as I can, and they have not been very positive. I have spoken with the lady at our library who handles fines (some p/t retired accountant I think). She was not very helpful. Basically she said that after fines get to be a certain age, the library doesn't deal with them any more, and that they let Unique take care of everything from there. She wouldn't even listen to me trying to explain that I hadn't been to the library for a very long time. She just kept saying that I needed to talk to Unique about it. Maybe I'll try getting a hold of someone else at the library and see if I have better luck.
Yes, do not give them your real sig, sign with your left or have a friend sign for you. Is the account number on the check one that you have ever had? See what bank the check is drawn on. I will be brainstorming for you. FDCPA violation: attempting to collect w/o providing validation first. Who is reporting-Bally's or a CA?
Thank you Queen! I will do the leftie thing. As far as the check, it does look like I wrote it (the copy is pretty bad). But since they only sent the front of the check, I'm not convinced it WAS NSF. The only indication of that on the front copy is a faint "f" stamped on it. Hell I can get a stamp that says NSF, don't I need a front and back copy? I don't remember bouncing a check for such a puny amount ($25). Plus my credit report shows a balance over $70... how did that happen? As far as Ballys, they are the ones reporting on Experian. There isn't a Bally's within 40 miles of where I live. The only time I've even been in a Ballys was as a guest with a friend.
Re: Re: Bad mail day! Advice please... Did the Bally's facility require you to sign something like a "waiver" before letting you proceed to workout. Or possbily did they have you sign something for a free 2-week trial membership? Did they require identification like a credit card and drivers license? It sounds like they somehow fraudulently enrolled you in what they refer to as a "membership" that is nothing more than a retail installment contract that carries a 21% annual interest rate! Alternativley, someone else may have illegally used your identifcation information to get a membership at Bally's. Either way, if you did not sign up for a club membership, you want to take care of this immediately before Bally's sends your "account" to a bottom feeding collection agency. Here is what you need to do as soon as possible - like today! Sit down and type out on the computer, all the facts related to your visit to Bally's. Next, find the website for the FTC and your states Attorney General and file formal online complaints against Bally's - do this today. Also, either you can do this or optionally you can contact an attorney, but you need to draft/send a letter (CMRRR) to Bally's outlining the fact that you have contacted the FTC, filed formal complaint with your states Attorney General, and that your intent is to file suit for false and deceptive business practices as well as your intent to file a criminal complaint for fraud and forgery within 10-days should this not be resolved immediately! You need to understand that Bally's will not go away if left alone and will systematically reapear to cause you headaches over the course of the next 5-7 years unless you take very stern steps to deal with it now! Michael
Re: Re: Bad mail day! Advice please... Michael - Thanks for the advice on Bally's. I cannot remember what or if I signed anything when I visited with my friend since it was over six years ago. It does seem plausable that they had me sign something thinking it was a liability waiver or something similar. This is the first time I've ever seen this on my report, and I've never been contacted by them. Do you really think its advisable to "go for the thoat" so quickly? If they do try to hound me for 5-7 years, that'll certainly be a BIG no no since according to Exp the DOLA is 1997. Oh, and considering the DOLA, is the fact that it states "charge off as of 3/2003" illegal? Strange this turned up as soon as my first round of disputes/validations came back.
Re: Re: Bad mail day! Advice please... RE: FINES FTC Staff Commentary on the FDCPA 1. General. The definition includes the party that actually extended credit or became the obligee on an account in the normal course of business, and excludes a party that was assigned a delinquent debt only for collection purposes. Section 803(5) defines "debt" as a consumer's "obligation . . . to pay money arising out of a transaction in which the money, arising out of a transportation in which the money, property, insurance, or services (being purchased) are primarily for personal, family, or household purposes. . . ." 1. Examples. The term includes: â?¢ Overdue obligations such as medical bills that were originally payable in full within a certain time period (e.g., 30 days). â?¢ A dishonored check that was tendered in payment for goods or services acquired or used primarily for personal, family, or household purposes. â?¢ A student loan, because the consumer is purchasing "services" (education) for personal use. --------------------------------------------------- 2. Exclusions. The term does not include: â?¢ Unpaid taxes, fines, alimony, or tort claims, because they are not debts incurred from a "transportation (involving purchase of) property *** or services *** for personal, family or household purposes." ------------------------------------------------------
Re: Re: Re: Bad mail day! Advice please... Have you belonged to any other fitness/health club? Bally's has bought a lot of independants and chains over the years. If you owed one of them Bally's might have assumed the debt. 0
Re: Re: Re: Bad mail day! Advice please... 1* 1. Had a certified mail receipt in my box from Unique Management. This is for a debt to the library I supposedly incurred. I haven't been to the library in YEARS and this supposedly occurred in 2001 . 2*. It says this is the third time they've sent the check, and that they've sent it on 2/21 (before I sent out my first validation letter or CRA dispute), and on 3/3 (never got anything). 3*It says to call "JBA Services" to set up payment arrangements. 4*Finally it says "if this check does not belong to you please provide this office with proof that you did not write this check. 5*: "After careful investigation into this account, it has been determined that the above mentioned account is still owing. As such, the balance in full is due and payable immediately." 6*Should I go with the "this is not validation" letter, or go straight to small claims with these clowns? 7* BofA is showing as a charge-off, but still with a balance. 8*And how is Arrow an R1???? It is helping I guess 9*Would it be worth it to actually CALL Arrow and get a letter from them saying its paid and send that to BofA? kismet ================== 1*Unique Management. . Should I sign it left-handed -Why not! 2*. Photo copies are photo copies they aren't checks. Don't settle for anything less than viewing the actual check 3* violation one - collecting without validating. 4* Ignore that. They have to do the proving not you. 5*Here is your second 1000 violation. 6*Neither: Send them the estoppel. 7*No balance can be shown on a charge off. 8*A CA listed never helps.- get it deleted 9*That's admitting the debt - a bad move. Validate with Arrow instead.
Re: Re: Re: Bad mail day! Advice please... Also, don't let the fact that Arrow is reporting as an R1 fool you into thinking that is a positive. It isn't. A collection account, paid or unpaid, R1 or R9, is still a collection account. And future or current creditor will know it is/was a collectin account and it is going to help that it shows as R1. You need to get it removed.
Re: Re: Re: Bad mail day! Advice please... Okay, that information adds even more fuel to the fire! If DOLA is 97, then more than likley this is already beyond SOL in oyur state (Texas - 4 years for written contracts). As long as you are certain that you did not knowingly enter into a contract agreement with Bally's then I believe that you have grounds for action. In addition to the reporting of false/fraudulent information to the CRA, at best this indicates the company continues to exhibit false and deceptive business practices and possibly criminal fraud/forgery. If you dont mind this being reported, then dont mess with it otherwise I would be demanding a notarized copy of the orginal contract that bears your signature! If they cant produce it or prove that you were a member then demand for deletion or you file suit for $18,000 ($1,000 for each CRA * each ensuing year since the purported (fraudulent) DOLA! I am not a litgious person and I am sure that Bally's has many satisfied "members". Unfortunately Bally's made the mistake of ignoring my letter of cancellation, although they sure cashed the check, when I went into the military back in '89. I was not even aware of this until 1997 when first Perimmeter Credit and later Arrow financial started trying to collect! I cant go into any details but all 3 companies eventually found out that not only is it very expensive to fail to abide by contract stipulations, but it is also a really bad idea to mess with a decorated veteran who had the good sense to marry a damn good lawyer! Michael
