Experian "results"

Discussion in 'Credit Talk' started by DaveLV, May 19, 2001.

  1. DaveLV

    DaveLV Well-Known Member

    I haven't heard anything officially from Experian about my Lexington disputes, but last week when I pulled my online report there were two charge offs that were duplicates from Bullocks that had been deleted.

    Today I pulled my report and one of them is back showing verified as of 5-01. The good news is that the account is from 1995 and is scheduled to be deleted in 5-2002 anyway.

    At least it's not on there twice anymore.
  2. bbauer

    bbauer Banned

    What you are experiencing is one of the many drawbacks to using one of the credit repair companies. The reason this happens so often is that they do nothing whatsoever to eliminate the source of the problem which is the person or company doing the reporting. The source of the problem is not the credit bureaus, but rather the collection agency or the original creditor whichever the case may be. Yet the credit repair companies do nothing at all about that problem, so it keeps popping up every few months and in so many cases, your money was just wasted.

    When you learn how to do it the right way, your first target is the collection agency or the creditor, not the credit bureaus. Get rid of the reporters and the newspaper ends up with nothing to report. Make sense?

    A properly conducted line of attack goes right to the heart of the problem, gets rid of it first then goes after the credit bureau reports. They get no reply from the source and it goes away and never returns. End of problem.
  3. DaveLV

    DaveLV Well-Known Member

    You could be right Bill. I think while Lexington is doing the credit report side perhaps I will attack things from the other end.
  4. bbauer

    bbauer Banned

    Well, hate to sound like a smart aleck, but I know I am right. I've already proved it too many times. One situation I helped a client of mine with had $84,000 in debt with just one creditor. It was a 3 year old debt and they were just hounding him to death and had just told him they were through playing with him and were going to go to court immediately. I had him file complaints with the FTC for violation of FDCPA and with the BBB as well. Then I had him demand validation to get a bit of a stall going. I then prepared the necessary papers and he filed suit against them for the FDCPA violation. When they saw that he was asking for ultra-varies damages, they got scared real quick once they found out what that meant, which was that the jury would be required to take the amount the company earned in one year and subtract what my client earned in one year and award 60% of the difference as damages. They are a multi-million dollar company and he earned peanuts off of his disability pension which they could not garnish even if they did get a judgement. They were in a losing position right from the git-go so they wanted to settle with him instead of going to court. He agreed that if they forgave him the debt, signed a written statement of guarantee that they would remove any and all negative comments from his credit reports and never again do anything which would defame his credit plus give him $500 for reasonable attorney fees and court costs, he would drop his lawsuit. He also reserved right to resume the suit in the event they failed to perform on all points of the agreement.

    It was a no-brainer for them, of course.

    You just have to learn how to do it right.
  5. Kelly

    Kelly Well-Known Member


    which program are u using at Lex?

    Lex complete does deal with the creditors directly as well as the bureaus.
  6. DaveLV

    DaveLV Well-Known Member

    That's interesting. I'm doing the eclient thing. I'll have to look into that.
  7. aigle

    aigle Well-Known Member

    I'm mystified by your attitude, did the guy have a true $85,000 debt or not?

    You make it seem like the creditor is the bad guy. Why should they have forgiven this debt?
  8. Ender

    Ender Well-Known Member

    As someone has already stated, I believe Lexington also has a department for dealing with creditors. You can also inquire about permanently removing items as well.. I forgot the name the CRA's use.. something like "xxxx tape" which means that it will never appear again.. ask Lexington for more details, I am sure they will know..
  9. DaveLV

    DaveLV Well-Known Member

    Jayson from Lexington -- if you're reading this can you suggest something?
  10. bbauer

    bbauer Banned

    The creditor becomes the "bad guy" when he either knowingly or unknowingly breaks the law. We are a nation of laws, we live and die by the law and all are subservient to the law. No one is above the law. We also are all well aware of the fact that ignorance of the law is no excuse for the breaking of it. By either breaking the law or refusing to obey the law, we become "the bad guy" when otherwise we would be the "good guy" just trying to force a recalcitrant debtor to pay us our just due.

    Does that make sense?
    I'm mystified by your attitude, did the guy have a true $85,000 debt or not?

    There was a large amount of the debt that consisted of interest and carrying charges tacked on by the creditor over time. Of course, reasonable interest charged on the debt is a natural thing because after all, he is in net effect loaning and continuing to loan the money until the time of it's repayment, isn't he? I don't really know, but I never heard the guy complaining about the interest and other penalties involved. In reality then, I cannot truthfully answer your question with a true and correct answer.
    You make it seem like the creditor is the bad guy. Why should they have forgiven this debt?

    One needs to look at these things in the viewpoint of the creditor. He is looking at a situation where, by reason of his easily provable violations of the law, he might end up not only having to hire expensive legal counsel to defend him from the debtors immenent lawsuit but also in the event of loss, stand to be forced to pay a very large sum of money for his infractions of the law. He is already looking at the very real possibility that even if he spends the money to go to court and force judgement and garnishment, he will collect nothing at all because the debtor was bullet proof by reason that his disability pension was all he had to his name and that could not be attached by anyone other than the government. So he was in a totally losing positon no matter what he did. Tossing good money after bad. Few are so dumb that they would do that just for the sake of vengeance or personal satisfaction. So the obvious thing was to see what the debtor now turned probably plaintiff might be willing to accept to prevent his going to court and proceeding with his threatened lawsuit.

    Also quite understandable was the viewpoint of the debtor. He was more than willing to accept a settlement which gained his ends which was to get rid of the debt and get on with what remained of his life. He really didn't want to go to court either. So both came out feeling they had actually come to a good agreement at very little cost.

    Make sense?

    Getting a creditor or collection agency to the point where they make one or more serious blunders giving rise to the potential of their getting sued for a substantial amount of money and sometimes even offering an amicable settlement rather than going to court gets rid of the debt thus allowing one to get it removed once and for all from one's CRA files which is the only real goal anyway.

    One never wants to start a lawsuit in which the eventual outcome is actually unkown until the judicial ruling is made if one can keep from it. Because the risks are so great, it's much better and far easier to just get them in a good bind and then when they are obviously at the point of begging for mercy offer them a reasonable and easily affordable way out is a much better way to go if it can be accomplished.

    Don't you agree?
  11. NanaC

    NanaC Well-Known Member

    It might be interesting to note then, I heard a rumor from a reputable source that Junum might be going to address the CA's (or the source) in the future.
  12. NanaC

    NanaC Well-Known Member

    I took the point of BB's post be that no one has the right to commit violations of FDCPA. If there is a valid debt, they should pursue it using legal methods. Of course, wouldn't be the first time I was wrong. :) (It would be the second..yeah, right!)
  13. NanaC

    NanaC Well-Known Member

    Ok..just read BB's response after I just posted. Guess I wasn't too far off. :)
  14. bbauer

    bbauer Banned


    I think it is highly likely that you cannot even begin to understand how right your assessment of my post was.

    Although I may bore some with this, I personally think it so important that it is well worth the risk.

    It is not only the Collection Agencies, the Credit Reporting Agencies and the Creditors who must obey the law, it is everyone right up to and including our governments at all levels. Even now, IRS is being forced by many to obey the law by many people who have long held a bitter hatred of their dictatorial and totalitarian methods. People are beginning to understand one very simple concept when dealing with IRS and that is that absent a lawful assessment of taxation, no tax is due or owed. That means that the whole process of withholding of taxes except for Social Security and Medicare,Medicaid is totally extra legal. Every bit of the current system of taxation from the W-2 form we fill out at work to the 1040 form we fill out and send in is not in compliance with the law. Even the seemingly sinple act of signing our W-2 and every other form we are "required" to sign is a total and complete violation of our 5th Amendment rights. This is so for the very simple reason that all such forms carry upon their face the words "I am signing this form under penalty of perjury" and the act of signing with the full understanding that we are signing under the penalty of perjury deprives us of our 5th Amendment right to refuse to make or sign any statement or document which might later be used against us in a court of law. Under the rights guaranteed us by our beloved Constitution, we cannot be forced to make any statement which might incriminate us. In short, we cannot be forced to testify against ourselves.

    Yetthe government continually demands that we give up our rights which they have guaranteed us not to violate under any conditions. And the deception and tyranny goes on and on. Do you realize that none of you has ever paid one crying dime of income taxes in all your lives nor has any other person, citizen or not ever paid on crying dime of income taxes in all of the history of this great nation?

    That is quite true and here is why. When you send in your yearly or quarterly tax forms, you send in a check as a deposit to cover any possible tasex that you might be assessed. That money sits in the U.S. Treasury for three years at which time it is taken by the government by default because you made no claim for it's return.

    But just try to sue them to get it back, and you will quickly find out that you have no standing to sue the IRS for the very simple reason that you have no standing to sue the IRS. That is because you are not a taxpayer. And the simple reason you are not a taxpayer is because you have never been assessed a tax by the IRS.

    A lawful assessment of taxation is a legal document that carries 7 different indices upon it's face and has been reviewed and personally signed by a tax assessment officer. Only one of those animals is legally appointed as a legal assessment officer and he is the Secretary of the Treasury.

    Can you imagine the Secretary of the Treasury of the United States of America personally reviewing and personally signing some 250 million or more tax assessments??? Laugh on!!!

    That's about enough for this session.
    But the point remains that the price of freedom is knowledge and eternal vigilance. That applies not only to the credit and credit repair process but to every facet of our daily lives. Know the law and it will set you free.
  15. bbauer

    bbauer Banned

    Another topic I also wanted to speak about in the same vein.

    This evening, I spent about 45 minutes listening to and personally speaking with Johnny Cochran amd John Mitchell, an Oklahoma City based attorney who is a regular associate of Johnny Cochran. My actual conversation time with him and John Mitchell was maybe 10 minutes at most while the rest of the time was spent listening to them talk.

    What was so impressive was that these two very famous and very well known attorneys were constantly talking about how it is the personal duty of each and every American citizen to take part in the political process and become active in it and to know and understand the law to the greatest extent possible.

    They constantly tried to instill in the minds of the audience that it is the duty of every good citizen to stand up and speak out when they know that injustice and political or judicial wrongs are being foisted off upon the public or upon an individual, not only in political forums but in the judicial process as well. They pointed out that there is a crying need for judicial and prosecutorial accountability legislation in this entire United States. I am heavily involved in an organization known as J~accuse which is French for "I accuse" and that we as a group are doing our level best to bring Judicial Accountability & Integrity Legislation to Oklahoma which will hold Judges and prosecutors accountable for their many unjust acts while officiating in their capacities. This movement is now going nation wide and gaining momentum all the time. It will be many years in the future before this important legislation is enacted in every state in our nation, but it is legislation whose time has come.

    I'm very proud to be part of an organization that is leading the way in bringing this to the forefront. With any luck at all, Oklahoma will be the first in the nation and should be fully in effect no later than 2003.
  16. jason

    jason Well-Known Member

    If you're going for maximum results in minimum time, regardless of cost or hassle, you should be disputing with your creditors, too.

    Lexington "Complete" does this for you, at a much greater cost than "eClient." Contacting creditors and disputing with them is remarkably effective and time-consuming. I've done it for many people with 100% success.

    You can challenge your creditors yourself, as well. Visit http://www.creditrepairrights.com for some good information on how to dispute your own creditor accounts. That particular method doesn't work with EVERY kind of negative listing (bks, judgements, liens for example can't be disputed with the creditor) but it works with most kinds - if you're willing to put in the effort.

    Let me know how it goes.
  17. Squawk1200

    Squawk1200 Well-Known Member

    Ok, I call shenanigans. (A) What state's law has this damages mechanism; and (B) How does it get applied to a violation of federal law, exactly?
  18. bbauer

    bbauer Banned

    "Ultra-Varies" damages was originally used in a Missouri court case and it worked there and so others have begun to use it. What the theory is behind it is that leaving juries to determine what damages should be awarded quite often leads to much less than desireable awards while giving them a valid formula to go by in determining what damages should be awarded yields much better results. Another formula that has also been used is to ask for 1% of the company's net worth as damages. That too has been used with some success. The point is to give the jury something to go by rather than just letting them fight it out among themselves. The idea of using some type of formula has been gaining favor with both attorneys and judges in some parts of the country.
  19. bbauer

    bbauer Banned

    It gets applied to violations of the FTC laws by virtue of the fact that FTC does not normally go out and file any kind of charges against collection agencies or Credit Bureaus for violations of the law. They don't act in individual cases very often if at all, so to get anywhere you have to sue in civil court for the violation demanding damages for the violation.

    No, it isn't shenanigans at all. If the FTC isn't going to do anything and you don't file suit or at least give every appearance of being willing to file suit, then it would all be totally pointless. Without the FDCPA to back you up, the validation letter would also be totally pointless, wouldn't it??

    So everything you put in a validation letter must have it's basis in actual FDCPA law. That's why letters such as all of them I have ever seen posted here and other places are pretty muchly a bunch of foolishness that at least have the potential of getting your head handed to you on a platter so to speak.They may work just fine for a long time and over a very large number of usages leading one to believe that their letter is "invincible" when we should all know as a matter of fact that while these large collection agencies may not be all that well educated in FDCPA or FCRA at this time, so they fall victim to "shenanigans" quite easily, that isn't going to last for very long. They aren't totally stupid, so they are only going to stand still for getting burned a very few times before they start to learn and start to fight back. When they finally figure out that debtors are becoming well educated via the internet, they are going to sharpen their claws very quickly and then what do we do?

    What's going to start happening any time now is that collection agencies are going to start demanding copies of the original documents signed by the debtor from their clients prior to accepting claims for collection. When that happens, you won't be waiting while they go get verification as per your demands. You will get it real quickly and they will stop taking chances with their assets. At that time, our pretty validation letters and present tactics are going to be totally worthless. Then what are we going to do? Sit on our thumbs and start crying again? We most certainly will if we do not keep coming up with newer and better tactics to use.

    We had all better be ready for that day because it's not far away.
  20. eddie

    eddie Well-Known Member

    Hey Bill what are "ultra varies" damages. I have never heard of this term before. In the law the term ultr vires refers to acts taken by a corporation or other legal entity outside the scope of their authority. I do not see how that would apply to this situation. Further if you are advising your clients to file suit and preparing the pleadings you are in my opinion dangerously close to committing barratry. Maybe you should go to law school, get some of the fine points right, and then advise people. In some ways you are a real danger otherwise.

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