Mindcrime & Martysgirl

Discussion in 'Credit Talk' started by BiJu, May 10, 2002.

  1. BiJu

    BiJu Member

    Thanks for all the info half of it I understand lol they other half well intime i guess I will. So i should i contact Sears and tell them I am Putiing a Stop Payment on the rest of the checks if they do not delete the info from my cr or turn it to a r1 Dang and i thought I did awesome getting them down to 50%. Well at least i know now fro all the medical bills to tell them i will pay them in full for deletion after We pay Sears and and Benificial we will owe about 5k which we could pay in like 45 days. I dont understand this challenging thing off stuff on our cr sorry to be so lost in this area this is all new to us. wish this was easier or there was a decent company or person i could walk into with our cr and say ummm hey help me with this what can i do but all i have read on the web was stay away from these credit repair companys.. anyways thanks for your time and patience
     
  2. mindcrime2

    mindcrime2 Well-Known Member

    It just takes time. I would suggest you begin by reading the Fair Debt Collection Practices Act (FDCPA)and the Fair Credit Reporting Act (FCRA). They both will give you a better grip on your rights and what you can do to enforce them.

    No, I would not suggest you doing that (at least not in the fashion you're suggesting). You need to create a paper trail of violations against them (and any other collection agencies,etc.)

    Here is an excerpt from the FDCPA, which might be helpful in this situation:

    § 808. Unfair practices [15 USC 1692f]

    A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.


    Now, my question is, has the collection department of Sears sent you anything in writing confirming what they intent to do (with your post dated checks) within 3 to 10 business days of you making this deal with them? If not, this is a violation on their part. Violations can be worth up to $1000. This would give you leverage in re-negotiating this account. Something to the effect of, I will agree not to sue you (Sears) for violating the FDCPA, if you agree to mark this account as R1, paid in full, closed by consumer, never late (of course you need to get this in writing)

    As far as you not understanding challenging derog. items on your report, take some time and read up on the board, you'll find alot of great ideas from folks who have been there, done that, and have come out with much better credit. Also, like I said, start reading up on the FCRA and the FDCPA, the FDCPA is shorter and easier to digest, so I suggest you start with that one. Here are the links to both:

    FDCPA:
    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

    FCRA:
    http://members.aol.com/victcrdrpt/
    (click on Fair Credit Reporting Act)
     

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