Can a same debt. be reported twice

I'm no expert on these matters, but based on my experience and what I've learned here, here's what I would do.

First, do you have a copy of your original contract w/Gold's Gym? If so, read it carefully. I'm sure there must be a clause for canceling and both medical and relocation are *common* reasons for breaking a gym membership. If these are not written into the contract, they are still reasons you can challenge the validity of your debt, i.e., termination with good cause.

If you don't have a copy, start with validation - look around here doing a search on validation. You want the only communication from this CA to be in writing and once you request validation, any other communication ("this is an attempt to collect a debt") will put money in your pocket.

You want the original contract, signed by you. If they can't produce that in 30 days, follow w/an estoppel (again, look around) and you're done.

If they do produce the contract, now you dispute the debt - loudly and clearly, using CRRR, of course.

Check the statute of limitations in your state. If it's four years, you have that going for you too - this can go back & forth for a while before you appear in court.

Others can comment on this strategy, but when collectors have contacted me when the original creditor ignored my evidence, I have URGED them to take me to court so I can present my evidence to an objective third party. If you have documentation of moving, surgery, etc., I would like to see ANY third party find you in breach of a contract that is overly restrictive. (assuming there is no clause for medical or relocation termination/suspension, which I also found unlikely)
In my own case, NOTHING happened afterwards. The trick is to kill it early in the process. At this point, you will have to get them to remove the entry on your CR, so it will take more effort and may involve your suing them.

Be aggressive, deal in writing and only offer what is needed - let them hang themselves, as CAs often do.

 

Re: Can a same debt. be reported tw

Golds Gym contract does have a clause where if you move you can terminate the contract without oweing anything. I had a membership there, and them moved about 35 miles away from where I lived, and since there was no Golds Gym near me, I brought myself in with my changed drivers license as proof. Hmm . . . you probably have a drivers license issued by the state you moved to which would have an issue date on it. A copy of that would probably be proof enough that you moved.

But I would just go with the dispute and demand a copy of the original contract from the CA.

And the CA can NOT contact any of your other creditors to tell them you're refusing to pay. Get one of those $40 devices from Radioshack that will allow you to record phone conversations, just in case the CA calls back, that way you can get them on any more violations that they attempt. But you're better off limiting it to only by mail.

The lowest skumbag CA's like to use scare tactics when calling debitors, and if they feel that they've shaken you, then they go for the kill.

Do you have an answering machine and Caller ID? If you see on the caller ID that it is the CA, let it go to the machine, and then KEEP a copy of everything they say on your machine. They can't say too much legally to a recording device, but will always slip up and bam you have more violations. Keep a record of everything, and every violation, and then even if they have provided proof that it is yours, you can send them an ITS for their FCRA and FDCPA violations.

Just a thought.

ChrisB

Abbreviations:

ITS: Intent to Sue
CRRR: Certified Return Reciept Requested
FCRA: Fair Credit Reporting Act
FDCPA: Fair Debt Collection Practices Act

 

Re: Re: Can a same debt. be reporte

Let me try to answer the question you keep asking - yes, but that's not what's important here.

What I think is important is that you shift your attitude 180 degrees. Read this thread:

http://consumers.creditnet.com/stra...hp?s=&threadid=34965&highlight=litigious+mind

Read the top threads that are "pinned" here. Look around at the sample letters.

Shift your position from being defensive - "can they do this?" - to offensive "the FTC makes it clear you can't do X, Y and Z and you'll pay me $1000 for each violation AND you'll delete entries on my credit report"

Acceptable proof is anything related to your residency - bills, lease, etc. As for your surgery, what some bozo at Gold's Gym wanted is not important today. All you need is something that documents the nature of the surgery and the timing. Then you can get a letter from any physician explaining how harmful exercise could be during the recovery period for that surgery. You only need to worry about getting that note if the CA validates with the contract, which might not happen.

Everything works in your favor, if you have the right mindset.

 

Re: Re: Re: Re: Can a same debt. be

Tradelines don't stay 7 years plus SOL, it's 7 years plus 180 days from the last payment that led to the delinquancy. This means if Aug 1996 was your last payment, +180 days (Feb 1997) + 7 years = fall off your report by no later than Feb 2004

This is when you need to hit CA2. If you requrest validation, and know that they haven't placed anything on your credit report, they LEGALLY can NOT place this on your credit report before providing you with proper validation. Force the CA to provide you with a copy of your signed contract / agreement. Then IF they do provide this to you, provide them with proof that since you moved on XXX date, that the contract became invalid due to the clause; therefore you don't owe anything.

If after you've demanded validation, but before they provide you with it, they post on your credit report it becomes a violation. You can sue them in small claims court for $1,000. And especially since you likely have proof that you legally were no longer under the contract due to both the injury clause and the moving clause, no judge in the country would agree that you owe the debt, therefore they violated and didn't get the proof. Once they've violated the laws, you can draft up an ITS (intent to sue) letter stating their violatioins and agree to not file for perminant deletion of any notation and $500. They may make some kind of counter-offer which would delete the tradeline, and have the debt show paid so it no longer will go to other CA's and that would probably be good.

The thing is, you BY LAW can demand that they proove to you their claim that you owe money. Most CA's don't have proof, and since they don't have proof, they usually will remove their entry and give up and not do anything more to you. They go after the easy targets, those they think they can easily scare into paying. Read the "Understanding the Collection Process" posts by Flyingifr

Lastly, don't agree to pay ANYTHING until they have proven that it is your debt. If they want to sue you, they need proof that it is yours.

ChrisB

 

same debt. be

have couple of questions about the debt I owe.
1*I had a contract with Golds Gym for 1 year and broke it few months before it was expired. This was forwarded to CA and it shows up in my credit report. All this was happened 3 years back.
2*I plan to write another mail with all the details.)
2b*This is already on my CR. Can it be reported again?
3*The person actually told me that he is sending a letter to one of my credit card companies (MBNA) (also threatened with lots of other stuff). Can he do it?
4*(I already called MBNA and explained situation)
5*Since it's already been forwarded to CA, does it matter if I can prove that I couldn't continue till the end of 1 year?
6*I called Golds Gym, they said they don't care as it's already been forwarded to CA.
7*Who should I prove this?
Poragadu
===============
1*These guys are crooks. Every deal I've heard of with them turns out just like this.
2*I hope you haven't shot yourself in the foot like this already by doing this!
2b*Can't report again.
3*What does MBNA have to do with this?
4*Now why did you go and do that?
5*You are trying to get the wrong party to prove the wrong thing! Why?
6*You can't deal with them- you have to deal with the CA since they own the account. Send the CA the Validation letter now.
7*You don't have to prove it to anybody.



THE END ** *** ** LB 59
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Re: Re: Re: Can a same debt. be reporte

My plan is to wait for the response and try to settle it with a clause to remove the entry from CR.
poragadu
=================
Even if they can't validate? Why?
THE END ** *** ** LB 59
PS
New Member Must Reads.---------------------------
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770

http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910

http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826

Sample letters
http://consumers.creditnet.com/straighttalk/board/index.php?s=

WhyChats statute of limitations
http://community-2.webtv.net/Y-chat/WhyChatsCredit/

http://community-2.webtv.net/Y-chat/WhyChatsCredit/

statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp

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Re: Re: same debt. be

Once you receive the green card back from the CA, dispute with any and all CRA's reporting as "not mine".

Some facts about my case.
------------------------------

I digged out my agrrement with gold's gym. I am not in as green patch as I thought i was. There are 2 clauses to break the agreement.

The company is in Texas? Are you in Texas?

Normal

You are putting the cart before the horse. Wait until they send you your contract, a statement of all payments, etc.

Slow down, see No. 3. If, and thats a big IF, they send you validation, then we will help you meet your goal when settling.

They are all rude...the next guy is probably ruder. Send out another letter now telling them to stop contacting you by phone, that you only communicate thru written correspondence.

As you said, they have already broken the law a few times, and probably will continue to do so. You need to get a litigous mindset. You need to get offensive rather than defensive. I think somebody else suggested reading the intro posts at the top of the board. Read thru those, and posts here, and you will understand better what I, and others mean

Good luck!