Re: Re: Newbie Thanks for the replies. Actually, I have pulled my CR and have cateogorized all my debt as it appears. From those that I am currently paying on (and in good standing) to those that are correct...but I have not paid, to those that I don't recognize in the least, and those that are errors. If they supplied me with documentation, I would agree to a payment arrangement within my budget. The requested $400 a mos is not in my budget. More along the lines of $100 or $125. They initially refused that amount...and then refused to send us ANY documentation. Said if they did, it would negate an 8K settlement offer. But since I don't have 8K on hand anyways, the offer is no good to me anyway. On another note, I talked to another CA today that I have been paying $30 a mos to for some time for an older Credit Card debt. The amount is less than $1500. I called because on my CR they are showing they can't find me when I'm paying every mos...as agreed to by them. They said they would only update once the account was paid in full. I asked for an offer and she offered my 50% reduction. Then I countered by asking how she would report it: paid less than balance/settlement; or paid in full? She stuttered and then said I did my homework and she would report as paid in full. Then I said I want it in writing. So she's sending me a letter stating the terms of the offer. I might take it (depending on how it will hit my current budget). I'm going to get my credit going. But I have another question. I have two debts (one big and one small) showing as charged off...when in fact they were discharged in a BR in '97. Both show a balance, but no past due amount. Should I change this, or let it stand? Would it affect my score for the better or worse? Other debts are listed as BR discharged. It hits 7 years in Aug...will most of those fall off (save the public record of the BR which stays for 10 years). Okay, another question...most of my CR problems are my fault...but there are some that just errors. There was a Phone bill that was in the BR back in '97. The CA that had it during the BR lists the account as discharged in BR. But the account is listed as Apr 2002 (instead of '97). Does that mean it was reaged? Thanks for all your help. It's not going unappreciated. DH
Re: Newabie Harrisd I would dispute it as "not mine" because technically it's not yours. Yours is covered in the bk, and since this one isn't 100% accurate, you can dispute it. Shanyl
Re: Newabie Harrisd Okay, I talked to a couple of OC/CA on the phone today that showed up on my report. 1) OC was listed as closed w/ 0 balance (good payment history) on two reports...but EXP was showing as open w/ balance. OC said they were reporting as 0, so dispute w/ bureau. 2) One was included in BK in '97...but showed up as open 2002. I asked if it was reaged...she asked for a copy of BK. Funny thing is, they are listing as discharged from BKR...but w/ a 2002 date. Also said SWB is reporting it as Oct 98...after BK. So I asked why CR shows it as being discharged? No response. So I'm sending them the BKR record and told her I'd take action if it was reaged and they don't delete it. 3) Another one shows that a vehicle was Repo in '97 and still has a 10K balance...in fact it was also in BKR. Question: When a debt hits the 7 yr point, does it automatically come off, or do you have to write about it and dispute it? Some should fall off in Aug 97 (that's when I filed BKR). But wanted to be sure they SHOULD fall off on their own. The Public Record (privacyguard report) shows the BKR for 10 years...right? Thanks for your help. With all my debts on CR mapped out, I should have everthing paid off or disputed (for legit errors) by Sept.
Re: Newabie Harrisd 1*So I'm sending them the BKR record and told her I'd take action if it was reaged and they don't delete it. 2*or do you have to write about it and dispute it? 3*I should have everthing paid off by Sept. =========== 1* O NO: Don't ever send your BK papers to anybody. 2* Only if it don't fall off on it's own. 3* How will that help your credit? NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************
Re: Newbie Harrisd 1) So how do I prove that it was reaged? 2) thanks 3) ??? If my bills are paid...is that not a good thing? I'm disputing things that have errors...or if I can't locate 2 of the CAs...the rest, I'm willing to pay by the fall. Will that not help my credit. Remember, I'm a newb!!! I'm learning as we go.
Re: Newbie Harrisd I'll finish reading all of your posts and maybe chip in more later. For now, I want to tell you two things. First, NEVER TALK to a CA. Send them a validation letter, and also tell them that you will only accept communications in writing. Make sure it's not a total cease and desist, or they can only file suit. But don't talk to them. Second, go to the JAG office and talk to them about this. Ask how the Soldier's and Sailor's Civil Relief Act applies. It's not totally true that civil debts aren't covered. It's been a while, so I don't remember all the details, but there is some protection for military here. That might be why he backed off when you told him that you were an NCO--he thought you knew about this act. I agree that if the person actually said they were a US Marshall, you should report it to the marshalls. They don't take kindly to that sort of thing. Welcome to the board, and I hope you get some things straightened out soon. But just remember, don't talk to CAs, and don't admit anything. Don't think you have to pay everything. In fact, it sounds to me like they may be committing violations and will end up paying you. Just because you incurred the debt doesn't mean that they can violate your rights.
Re: Newbie Harrisd Reaging usually occurs by a CA. That is part of what the validation is about. They have to go back and prove when the debt was incurred, and when it went delinquent. Many times, when you request validation they will just delete it. When they don't, you may have to file a small claims lawsuit against them. Then they'll have to have the paperwork to prove it, which they won't have. Hopefully, when you file (for violations of the FCRA and/or the FDCPA), they will offer to settle. Usually you can get them to delete the tradeline, and you may get $1000 from them as well. While paying your bills seems to be good, it may not be. Why do we say that? Because if it's reported as a paid charge off or a settlement, it's as bad on your credit as an unpaid one. If it doesn't help, you may not want to spend the money. If they can't validate it, they should remove it. You need to check about the SOL, some of these may go by where you are now. Perhaps they're past the SOL. And lastly, if CAs are violating the law, as you indicated one may be, not only should you not have to pay them, they should pay you. Keep doing some reading, especially about people who have filed lawsuits or sent ITS (Intent to Sue) letters.
Re: Re: Newbie Harrisd NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 *********************************************************** Have you read this? A lot of the things you need to know are in there?
Re: Newbie Harrisd 1*.the rest, I'm willing to pay by the fall. Will that not help my credit. 2*Remember, I'm a newb!!! harrisd ================ 1*No because it will not remove the Negative item from your reports. 2*That's why this link is here.NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************
Re: Re: Newbie Harrisd Thanks for the help. I have read the newb thread and many others. Guess I'm stuck in the middle of the road. I have debt and feel an obligation to pay it. I only have 1 CA calling me; but, that prompted me to look at my CR. That's when I noticed the one that looks reaged. The 1 harrassing me, I def feel that they are not playing by the rules and I'm drafting a validation letter to them now. I am also disputing the CB on a couple of them. Thanks for the input on the NEG from payment and NEG from balance. Maybe I'll rethink paying some of them. The Soldier's Act doesn't help me in this instance. I'm not deployed or otherwise eligible for immediate protection from the Act. Thanks again. All inputs are appreciated. DH
Re: Re: Re: Newbie Harrisd That's all well and good however there is a right way and a wrong way to go about it.
Re: Re: Re: Newbie Harrisd While I realize that what I am about to post won't help harrisd at all right now, I thought I would give you all a little attention grabber which might help those trying to catch attorneys in violations that you might be able to use to help your cases. Go read section 524 and 528 of the act. I don't remember exactly which of the two sections it is so I am giving both of them to be on the safe side but I think it is 528. What you need to check for is the part that tells about how the Soldier's & Sailor's notification must be in evidence in every motion for summary judgment. If you get a summons check the complaint to see if the required S&S act notice is there or not. If it isn't that might be something to complain about.
Re: Re: Re: Newbie Harrisd I don't think you necessarily have to be deployed for the Soldier's and Sailor's Civil Relief Act to apply. Have you talked to JAG? Don't just go by what someone in your unit tells you. A lot of times they don't know. I know it applied to things like car registration whether you're deployed or not. That's the law that lets you keep your tags from your state of record when you move around. And there is state of domicile and something else, they're not necessarily the same. It's been ten years since my husband retired, so I forget some of this stuff.
Re: Re: Re: Newbie Harrisd Thanks. I must confess to not reading the entire Act. I've read diff. parts of it as circumstances dictated. Upon your advice, I'll pull it down tonight and actually read through it. Thanks again, DH UPDATE: The CA that has been walking the line gave me the weekend to see what I wanted to do...which is nothing. I'm no closer to 8K than I was on Thursday...and if I had it, he wouldn't get it. So he keeps calling while I'm out. Tried to talk one OC to drop the tradeline if I paid in full, but said it was against the law to not truthfully report credit. It's only $60, and I'm paying it this week, but I was hoping they would delete the info off my CR.
Re: Re: Re: Newbie Harrisd I still think you should talk to the JAG office (or whatever they call legal in the Air Force) and see what they think you should do. They may even be able to write a letter or something. That's one of your benefits--take advantage of it!
Re: Re: Re: Newbie Harrisd A while back on this thread I asked a question about what should be done if a collector actually did provide a perfected validation that was timely. All I got back was some honkey answer about squirrels and nuts. Is there anybody here who can give me a decent answer to my question?
