Hello, haven't been here much because our baddies all disappeared..... Forgive me if my question has been recently addressed. We were entitled to our annual free CR now so I pulled Caveman's report. After successfully disputing (no response to a VOD letter) a collection acct with Meridian Financial Svcs more than a year ago (and it had dropped off all reports at that point. I know I checked Caveman's report 10/26/06 because we were applying for an apartment in the state where we now live), it's now being listed as in collections as of 11/07. I still have all the CMRRR cards (There was an exchange X3 and I believe I do have a letter somewhere from them that they were ceasing collection activity.). The bill is for "maintenance fees" on a timeshare we signed a quit claim deed on 8/20/06. What is the next step since they are again reporting it? I don't have any copies of the last CR. :::sigh, there were NO derogs on that report::: If in exchange for a little agitation I can get $1,000, I'll do it. Perhaps it's just wishful thinking.
Did you dispute this off of your credit reports through a request for re-investigation sent to the credit reporting agencies or did it fall off?
Wow, it's from 2005, not 2006. This is the letter they never responded to. Honestly, they got us for the $500 or so we paid up front when we got the timeshare and that was all they were entitled to. We did this on our honeymoon in January, 2004 when we went to Vegas. June 2, 2005 VIA CERTIFIED MAIL # xxxxxxxxxxxxxxxxxxxxxxx RE: Your letter of May 6, 2005 and attached Tahiti Soleil, LV, LLC contract. Mr. XXXXX, In reviewing the contract, I found the following points that render your claim for the maintenance fees AND for the timeshare itself invalid. 3.7 Default and seller's remedies: Until payment in full of the purchase price (including interest), this sales transaction results in the creation and retention by seller of a lien in the Vacation Plan(s). The obligation to pay the unpaid balance of total payments will be secured on the recordation date (as that term is hereunder defined) by the Note and Deed of Trust. In the event of a default by Purchaser AFTER the recordation date, the entire principle amount outstanding and accrued interest thereon, shall at once become due and payable at the option of the Note holder and the note holder shall be entitled to collect all reasonable costs and expenses, including attorney's fees actually incurred, with or without suit. In the event of a default by purchaser prior to the recordation date, this agreement may be terminated at the option of the seller, in accordance with the Provisions of section 4.8 and all payments made by purchaser and any interest earned thereon, shall belong and be payable to seller. 4.8 Default: If prior to the recordation date purchaser shall default in making any payment when due or shall to perform any other obligation required of Purchaser hereunder or under any note, then this agreement may, at sellers option, be terminated and all sums paid by purchaser hereunder will belong to seller and all documents shall be distributed in accordance with the Escrow agreement. Mr. XXX, when was the timeshare recorded? According to the attached Clark County records, it was recorded February 12, 2004. When were any monies received from either Mr. XXXX or myself after February 12, 2004? On which day did Mr. XXXX or myself become a Designated Owner? Please provide a statement to substantiate your claim(s). Under point 3.11 of said contract, your client has already received all monies to which they are entitled. Please explain to me, a least sophisticated consumer, which points on the contract you sent me show that I have any obligation to you. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
The reason that I asked was that if the account tradeline was deleted per a dispute through the credit reporting agencies and then re-inserted, you are entitled to a five day notice beforehand. Absent that, you typically can just alert the credit reporting agencies to that fact and they will remove it without much issue.
Agreed, and this step must be taken. The FCRA covers for items exactly like this, and outlines required steps. You must give these "parties" a chance to rectify (remove tradeline) before you could sue for any damages. The legal system is "reasonable" enough to acknowledge that mistakes are made sometimes, but they must be given fair chance to rectify that mistake. So, alerting the CRAs that this is in error is a step you must take.
