Here is all my info, Help Please

Discussion in 'Credit Talk' started by nhokt, Oct 3, 2002.

  1. nhokt

    nhokt Active Member

    Hi everyone,

    I am a new user to this forum. I had some trouble with credit when I was younger (18-20) and in college. I pulled my three credit reports and here is what I found for negatives:

    --Experian--

    Public records

    Manchester CT Small Claims Court
    $802
    On record until 8/2005
    Verified 2/2001 remained unchanged

    Credit Items

    Allied Interstate
    OC Norwest/Chase
    Paid in settlement/Collection account
    On record until 7/2003
    Creditors Statement: Account paid in full for less than full balance.

    Fleet Bank
    Paid/Current was past due 30 days
    On record until 4/2003

    --TransUnion--

    Public Records

    Civil Judgement
    Entered 8/1998
    $802

    Adverse Account Info

    <<Chase appears twice and I can't get them to delete this...>>

    Chase NA
    transfer
    verified 3/2002
    closed 12/1996
    Coldata
    status as of 12/1996 Payment after charge off

    Chase NA
    transfer
    verified 3/2002
    closed 12/1996
    Coldata
    status as of 12/1996 Payment after charge off

    JCP - MCCBG
    placed for collection
    verified 9/2000
    closed 10/1996
    balance $53
    status as of 10/1996: collection account

    Fleet NTL BK
    Closed
    Closed 9/1996
    Status as of 9/1996: paid or paying as agreed
    In prior 10 months from date closed
    1 time 30 days late

    score 634

    --Equifax--

    Chase NA
    Revovling
    Last Activity 5/1996
    Charge off - making payments
    $0 Bad debt/collection

    JC Penny / Monogram
    Revolving
    Last activity 10/1996
    account transfered or sold
    $0 Bad debt/collection

    Purchased Paper LLC
    Open account
    Last activity 4/1996
    Settlement accepted on this account
    $0 Bad debit/collection

    Household Bank NA IL
    Revolving
    Last activity 2/1997
    $0 Bad dedit/collection

    Fleet National Bank
    Installment
    Last activity 9/1996
    Paid account/$0 balance
    $0 Pays account as agreed

    My Fico score 678

    This is all the negatives. I want to be able to buy a car and house in the near future (1-1.5 years) so this would be my goal. Where can I start first to make the biggest difference? Is there anything that I should do right away? Can I get my paid collections off, and will that help? Any thing I can do about the judgement? Please, any suggestions would be greatly appreciated.

    Thanks so much,
    nhokt
     
  2. javan

    javan Well-Known Member

    Most of the derogs are from 96 & 97. I would just do the intial "Not Mine" dispute with the CRA's. Then do a second of disputes changing the reason. These are old enough to apply the *low hanging fruit* theory.

    You will have a tough time with Purchased Paper LLC. They are part of Risk Management Alternatives. You can do a search on CN or www.BBB.com to find their address in Duluth, Georgia.

    After a couple of rounds of disputes with TU, send an email to Don Richman(do a search).


    Sorry, my comments are *scattered*. :)
    Good Luck!
     
  3. javan

    javan Well-Known Member

    Also....

    the judgement may or maynot be tough to get off. do a dispute with the CRA's as "Not Mine". this may take a few months. i have a judgement AND a tax lien that i have been successful in removing one or both. it tooks about 4 months of disputes.
     
  4. nhokt

    nhokt Active Member

    Thanks for the suggestions Javan, I have disputed almost all of these at some point over the phone. Is it better to write or use one of the validation requests? Also for the judgement do I need to do anything special, it was already verified once as it says in one of my reports.

    Thanks
    nhokt
     
  5. LKH

    LKH Well-Known Member

    For the judgment, first thing is to dispute the address on your report that is connected to it. Hopefully it isn't where you live now. They need to verify 2 of 3 pieces of info in order to verify your dispute. They are address, name and ss#. Getting rid of the address makes it more difficult.
     
  6. nhokt

    nhokt Active Member

    Do I dispute the judgement through the CRA's, and should I do this by phone or a special form? Any suggestions for the others especially Household and the paid collections?

    Thanks so much,
    nhokt
     
  7. javan

    javan Well-Known Member

    No, do all of your disputing via snail mail(CRRR), fax(w/ confirmation page), or using the CRA's online dispute. The reason being is that you want to begin a paper trail just in case things get *escalated*.


    LKH, great suggestion on disputing old addresses . I forgot about that....
     
  8. javan

    javan Well-Known Member

    For the Fleet account, you can try a Doc's/Marci's Goodwill Adjustment Letter. Not sure of the success rate with Fleet though. Here's the link http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=191627#post191627


    For the paid collection items, you can edit your Goodwill Adjustment letter to ask for deletion of the derog since you been kind enough to pay/settle the debt.

    Or you can try this letter I found on another site(or CN, I cant remember). Edit to suit your needs...

    Sleazebag Collectors
    4321 Dumpster Street
    Cheatum, DN 00000-0000

    Dear Sirs:

    It has come to my attention that you have placed a derogatory remark on my credit bureau files pursuant to my having paid you what you claimed that I owed you and Shady Loan Co.

    When I paid you, I relied upon the belief that you would do the honorable thing and remove your nasty and derogatory comments from my credit bureau files which you not only failed to do but actually changed my listing to paid charge-off which is a far worse rating in the eyes of any potential future creditors.

    In doing so, you obviously failed to realize that the Doctrine of Estoppel directly applies to this type of situation and is cause and more than sufficient grounds for my pending lawsuit against you for punitive damages in whatever amount a jury might deem appropriate for your violation of the estoppel doctrine of law.

    Here is what the Doctrine of Estoppel is and how it applies to your violations of it.
    In order for the doctrine of estoppel to apply, the party of the first part (you, the collector) must make some statement or engage in some conduct upon which I have relied and acted upon which later proved to be to my detriment or prejudice.

    In your communications with me you told me that you would update my credit reports as soon as I had paid the debt to you. Quite naturally, I assumed and relied upon your statement to that effect to mean that you would mark the account as "paid as agreed" or even quite possibly remove it entirely.

    I am quite confident that both you and a court of law will agree that such is a perfectly reasonable assumption for an average debtor to make. And so upon that assumption I agreed to pay the debt and in fact did so on DD/MM/YYYY whereupon you actually worsened my credit bureau scores and that was most definitely to my detriment and prejudice and provided me with grounds to sue you for the full amount paid plus attorney fees, court costs and whatever additional punitive damages a jury might award.

    Unless you move to cure your error and remove your derogatory remarks from my public records within 15 days of your receipt of this letter and provide proof of your cooperation with my demand in the form of mailing me a copy of your UDF which you transmitted to the credit bureaus demanding it's removal I shall immediately move to file against you in a court of law with jury trial demanded.

    I am quite well aware that you have a contractural agreement with the credit bureaus which covers this problem and supposedly prevents you from compliance with my demands but a contract which is in violation of the law is null and void and of no force and effect whatever and therefore cannot be enforced either by you or upon you. Your so-called contract with the credit bureaus will not protect you for your willful violation of my rights which are protected by the Doctrine of Estoppel.

    Your failure to cure and provide me with proof of your having cured the problem within 15 days after your proveable receipt of this letter will be considered sufficient reason to refer this matter to the courts for their resolution.

    While you may think that I have no right of private action due to the way FCRA is worded, let me hasten to assure you that such beliefs are quite ungrounded and false. That point has been vividly pointed out by the ruling of the U.S. 9th Cir. Ct. of Appeals in the case of Nelson v Chase, March 3, 2002. in which the court pointed out that Section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information. But my pending suit against you will not be about FDCPA nor FCRA but about how you have damaged me after I acted in good faith in dealing with you.

    Cure or be sued. It's up to you.

    Sincerely



    This one is not quite as nice as the goodwill letter :)
     
  9. Butch

    Butch Well-Known Member

    Just don't get to thinkin that's the Goodwill Letter.

    :)
     
  10. nhokt

    nhokt Active Member

    Thanks for all your help, if I send a nasty letter do I risk anything? Also I read somewhere that when you pay a collections account the 7 year period starts over again is this true? I ask because the closed account date never changed when I settled with them and since it will be coming off within a year I don't want to risk them changing the account closed date. Also, when I dispute the judgement do I tell them that it's not mine and that XXXX is my address now? If I were to say the judgement was someone else's would it go onto that persons CR? One last thing, about the SOL, does it go by where the judgement occured or where I live now (different state)? You all have been so great, someday I hope to be able to help others here as much as you all have helped me.

    Thanks so much,
    nhokt
     
  11. nhokt

    nhokt Active Member

    <bump>
     
  12. javan

    javan Well-Known Member

    I would say you risk them getting *pissed* at you and not removing the derog. Unfortunately, because you have already paid them, they are in a position of power(or they think they are!). Give it some thought and maybe try the goodwill adjustment. Check out these threads:
    http://consumers.creditnet.com/stra...3754&highlight=goodwill+adjustment#post143754
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=125035#post125035
    Check out Doc's comments about paid collections in the second thread, he provides a sample letter too. Now that I think about it, do a search on Doc's Nutcase Letter, these letters may provide some insight/strategy as well.

    This date should NEVER change. Some CA's & CC Co's try to do this, but it is illegal. That is something to consider too - that it will be falling off soon. IMHO, I would still try to get it removed now.


    Take LKH's advice, first call the CRA's a have all your old address's removed(hopefully your judgement is filed referencing an old address!). They should be able to delete them immediately. Once this is done, dispute the judgement again online or via snail mail(CRRR). As I mentioned before, it may take a couple of rounds of disputes for it to fall off. If you've already disputed as "Not Mine" try these - "Judgement Vacated/Paid", "There is/was no judgement filed on [this date] in my name", "There is/was no judgement filed on [this date] in [this amount]" One of these should work.

    Not to sure about this one, but I *think* it's the state that you live. someone correct me if I'm wrong.
     
  13. nhokt

    nhokt Active Member

    Javan, thanks so much for your help, you have really cleared things up for me. Your information is a true asset to this site.

    nhokt
     
  14. javan

    javan Well-Known Member

    No problem, Good Luck!
     

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