This is a continuation of my saga for those who have read my previous posts. I sent 2 validation letters to 2 CA's. The 30 day time frame was up this week. No response. I am unclear how to proceed now as I have mentioned before. Neither of the CA's have reported yet to the CRA's. The only negative tradelines are with the OC's. What to do now?
To be honsest with you I don't think I can find them. My search function rarely works so I really don't know which ones they are. Sorry. The basic info is that I had 2 CO's that went to collections, I got the letters from the CA's with the mini mirandas and 30 days to dispute notice. I sent validation letters within the 30 days and gave them 30 days to respond. No response. 30 days up as of this week. Again the CA's are not reporting any neg TL's yet and from what I understand, since they haven't validated if they do report it would be a violation. The only TL's to worry about therefore are the OC's tradelines showing CO's. Is there any logical way to go about taking steps to get rid of these?
Does anyone have any idea's? I have asked this question before and I know there are no pat answers that are going to work exactly the same for everyone. I just need to feel a little more comfortable about the next step to take. Since the CA's are not reporting should I leave those alone for now? My main question is about getting the neg TL's from the OC's removed. I'm leaning towards disputing with the CRA's, but how should I word the dispute? Should I dispute as Not Mine or try to dispute as unable to validate?? Is there such a thing?
Toothfairy, are these the original threads you are talking about? http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=42143 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=41649 To view all of your posts, go to your profile page and click on "Search for all posts by this user."
Yes, these are the threads. Thanks for finding them for me. Noew can anyone tell me what they would do in this situation?
Sorry no help from me as I am in the same situation with one of husband's TL. I wrangled with what to do for several days, and I'm still not sure of my course of action, but I've got to try something -- its one of the last things left for us. I am going to dispute the OC's c/o with the CRA as not mine and see what happens next. Letter goes out on Friday. peace, delilah
Thats exactly what I was going to do only I was going to do it online. Maybe I should send a letter? BTW is yours a recent CO? Mine just occured in 12/02.
His charged off in 3/02, so about a year old. Still recent enough for me to think this is not going to work! But you never know. Also, I am not disputing with all three -- for some reason EQ has this TL as an r-1, "paid account/zero balance" but a bunch of lates. I'm leaving that TL alone becuase I'm afraid if I dispute those lates, they might actually come back and report the c/o. HA! peace, delilah
I say absolutely not. Don't give them a crying chance. Keep them on a tight time schedule and keep pushing until you get a win. A lot of hard experience has proven to me that this is the way to win.
They cannot call to collect on it. They cannot pull a hard or place on your report. They cannot send a dunning letter. Basically their hands are tired until they validate. There really is no need to call or do anything. Let them make the first screwup move.
If they get tired hands its gotta be because their fingers were too busy making illegal phone calls. (LOL) Sorry about that, Picantel. Wasn't trying to pick on you over a little typo, just couldn't resist the humor of it. Old enough to know better and too young to resist. (LOL)
So if I am to keep them on a tight time schedule what do I do next? Also, what do I do with the OC tradeline that is reporting. Dispute with the CRA?
Well, I would recommend you send them a copy of the estoppel letter you can find on this board. Mine is modified a tiny bit from that one but that makes little difference in reality. If that don't work which it may or may not then you are in for a whole lot of homework trying to figure out what to do next and what to do after that and what to do after that until you do get a solution. Then about the time you get those steps figured out you just might have to learn how to prepare a Federal District Court case against them and make that stick. When you can do all that then you will know what I know how to do. And then you can rightfully claim that you have a very high success rate. Can if you want to. I don't. I force them to take it off for me. Just stop and think about it a moment. What would you do if you had a full blown lawsuit all ready to go to US Federal District Court in some far away place like Oklahoma City right in front of your eyes and you can see for yourself that it calls for you to tell a jury that the company you hired to collect that debt for you had broken a whole list of federal laws and the lawsuit said you were responsible for what those you hired had done to somebody and quoted the law that said you were responsible, even gave court case cites proving the court had ruled against creditors in the past and You are in NY or Cal or somewhere half way across the country. what would you do. go hire an expensive lawyer over there to defend you and then maybe have to take time off your business and go fly out there and be present to help your lawyer defend? And the letter said all you had to do was take it off the credit report and forget the whole thing and no lawsuit would be filed against you, what would you do? Fight or take it off? Yes, I know my way sounds to most like its some kind of monstrous long drawn affair that ends up fighting endless court battles with every bill collector and creditor in the country but thats simply not true. I just make it sound that way and make them believe that too. But doing that is counter productive when all you have to do is be halfway decent about it and give them an easy way out. And just like most folks do, look for the easy way out which seems to them to be telling a few little white lies to the credit bureaus, or sending maybe only a few letters to the credit bureaus, they are going to look for the easy way out too, especially if its laid right out in front of their eyes to latch on to. Problem is that the easy way out don't actually end up being so easy after all in the end. Getting into endless spitting matches with the credit bureaus doesn't look to me like the easy way out so I took the time and the trouble to invent a better mouse trap. Then I called it "creditwrench" simply because I couldn't think of a better name since everybody else had already grabbed all the really good names.
bbauer, I disputed a collection account with Trans Union as not mine. It came back verified but they reported that I settled less than balance full. The fact is that I paid in full. I read in one of your replies above that you try to make them believe you are really taking them to court. Scare them basically. My question is this... my account became a collection account because I never received the statements they were sending me. They were sending them to an address in Florida while I was living in GA. Can I tell them I will be suing them for that reason? Or should I validate first? I'm sorry if you feel like this is not part of the thread. I just wanted to comment/reply to what bbauer wrote about "scaring" the OC's or CA's. Thank you for your patience.
I'm afraid that when you paid them you pretty well put yourself in a position where the most you might be able to do to them is to stomp your foot real hard and go BOOOO. Of course, if you want to get real nasty with them you could get yourself a couple of tubes of super glue and go over there some night later on in the year when its nice and warm and super glue all the door locks shut so they can't get back in their building. That would teach them not to mess with you now wouldn't it? Of course you best wear plastic gloves and a ski mask so they don't know who you are. (LOL). Lots of things you can do I suppose but I'm afraid that once you paid them there isn't a whole lot you can do. I do have a letter on my message board you can use called a paid chargeoff estoppel letter and then Psychdoc and several more have what they call Nutcase letters and then there is the idea of trying to spam it off which often works. But neither the idea of filing lawsuit or super glueing them are any good. Best to forget the both of them in your case. Either one just might get you more problems than you have now. In this case that is just about in the same category with super glue. Oh, it is, Very much so but once you pay them off I am afraid that you basically just about shot the both of us in the foot. There isn't all that much I can teach you and absolutely nothing I can do for you. Scaring them is what we hope to do so that we don't have to sue them. But if you are going to threaten somebody you had best be ready willing and able to put the big hammer on them. If you won't do that then you basically have nothing left if they don't scare so easy as you had hoped. You are not out of things you can try. But validation just isn't one of them. Super glue isn't a good idea either no matter how funny it might seem. Sorry I can't be of much help to you in this case but don't let that discourage you. There are lots of people here who have better ideas than I do that might help in this type of situation. If you pay them it's a whole lot better to do the paying in full before it gets to collections, chargeoff and all of that, not after.
