Is this as bad as I think it is?

Discussion in 'Credit Talk' started by tracyb0313, Oct 11, 2002.

  1. tracyb0313

    tracyb0313 Well-Known Member

    My dh has a collection account that was only showing up on EXP. I sent validation, estoppel, and then an intent to sue/demanding deletion. Well, it's only been a week, but they just added it to his EQ report. Not only did they add it, but they didn't note it as being disputed by customer. Now, wouldn't that be continued collection activity, or something equally as bad? Do you suppose that means they are calling my bluff, and I'm really going to have to sue now? I wonder what my chances are of winning? This sucks, because we were going to go for a house in 2 months. I'm gonna cry!
     
  2. picantel

    picantel Well-Known Member

    It can take the CRAs months to update your credit report. Chances are about 100% that it was placed on the CRAs on the same day and it was just now updated. My mortgage guy took proof of my validation and a letter stating why I would not pay and that it was not my bill. I also gave him a copy of the suit I filed against the CA. Ask your agent if he will accept the same.
     
  3. tracyb0313

    tracyb0313 Well-Known Member

    I just called my courthouse. I can sue for the max of $4500, and they must be relatively slow because once I file, I'll get the date in 2-3 weeks. The date will be 2-3 weeks away. So, I could be in court 4 weeks from filing date. I SO don't want to go to court. They said there could be lawyers present too. I can't afford a lawyer. This is all over a $68 unpaid debt that I was just hoping to pay for deletion. This is what's happened so far.

    8/12 Validation letter
    9/11 Estoppel
    10/4 intent to sue

    Each time mailed a printout of a bill. Each time the bill said on it "this is an attempt to collect a debt, etc"
    Each time verified w/ CRA
    Never marked it in dispute

    This is a debt w/ the city however, a city water bill. IF that matters. It's a local CA, right down the street.

    Do I have grounds? Should I settle? What do I do?

    Should I send a settlement letter first, or the paperwork for the lawsuit? God, I don't want to go to court!!
     
  4. tracyb0313

    tracyb0313 Well-Known Member

    It hasn't been on his report since we first got it in May. I don't think it really took that long. I think it was added because of the UDF they sent last month. I got a copy of it. I can just pay it, and the mortgage guy said that would work, but it's killing his scores, these last 2 collections. I was hoping to get them off before december, plus I'm working on Sallie mae too. I know I can't expect miracles, but you know how it is. I've rented for too long, and this is the closest I've EVER come to being able to buy a house. I don't want to blow it now!!

    Now that I think rationally about it, I'm fairly certain it was added in reply to the UDF the CA sent the CRA's, dated 9/13. It was supposed to be for marking the item in dispute, which it didn't do. I could be wrong, and they could've just added it to be jerks about it. I'll wait another 2 weeks, and send them the 48 hour intent to sue fax, w/ a copy of the paperwork from the courthouse, maybe? Someone tell me what to do. Blah, this is a rotten start to my day!
     
  5. tracyb0313

    tracyb0313 Well-Known Member

    bump please
     
  6. quasar27

    quasar27 Well-Known Member

    1) How old is the debt? You may be past the SOL.

    2) Did the city sell or assign the debt to the CA?
    If assigned, have you attempted to fix the situtation with the city? Your chances of finding someone that is helpful there is far greater.

    3) You might try and accord an satisfaction letter depending upon the state that you are in.
     
  7. mitchra

    mitchra Well-Known Member

    The chances of finding a "helpful" city worker/bureaucrat are about the same as hell freezing over this winter. I think in this particular instance I would rather work with the CA...lol.
     
  8. mark

    mark Well-Known Member

    If dealing with the CA and the city hasnt placed anything on your report, my personal feeling after reading this is that you have at least two violations already.
    1 they updated his EQ report during the validation process, regardless of when they sent it in, it got updated during the validation period you set into motion.
    2 they have not placed either CRA listing 'in dispute' (2 violations for 2 reports? dunno, this is debatable)

    it appears you may have to file suit with them..if the intent to sue doesnt work.

    Are you planning on sending the intent to sue to the registered agent? This helped me on the one CA that removed a TL, the registered agent saw the intent to sue and freaked out.

    Hopefully Butch or one of the experts will give you some assistance. (im no expert as you know ;p)
     
  9. MartysGirl

    MartysGirl Well-Known Member

    I have to agree with this. I would say to dispute it as not yours. I BET it will fall off! This happens a lot. Also, when I got my mortgage, I too got to use the information I had sent to a CA. The only thing is, MOST will not accept it if you didn't send it CRRR.
     
  10. tracyb0313

    tracyb0313 Well-Known Member

    I've already disputed it twice on EXP. It was verified during the validation process, twice. Also, I have a copy of the UDF that they sent to EQ, which is probably how it got added. My copy of the UDF is dated 3 days AFTER they signed for the Estoppel. It's been a couple months for validation so far. I KNOW it was added to his report AFTER validation started. I think I'll wait until the CA gets a copy of the intent to sue, and see if they fold. If not, maybe I'll try for payment for deletion.
    I called the courthouse and he told me to come in and get the paperwork. Send it CRRR to the CA. When I get the green card back, go in and file. Does that sound right? I don't know what a registered agent is (sorry, that's probably something I should know! )

    **edit** BTW, I also mailed my letter to the AG office, and the BBB! we'll see if that works!
     

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