Ok here's my story. In Late Nov 03 I got a call from a collection agency about an account that was 5 1/2 yrs old, I was contacted for the first time and told that I allegedly owe money to the orig creditor and that they are collecting on their behalf. I have not had any dealings with the original creditor since past 5 1/2 yrs. The original creditor is a university that I attended back in 1998. My last semester there ended June 1998 and all tuition was fully paid for all the courses that i took there. I transferred to a new school for Fall 1998. All my credits were transferred too as they sent all my transcripts to the new school. So at this stage I have absolutely no clue what the charges are for that they are claiming. The amt listed in the collection letter is very high, little over 5K. After the receipt of the letter from CA, I immediately sent a Validation and Cease communication letter to the CA, I also tried to contact the Orig creditor, but they don't seem eager to sort this out and keep giving me BS excuses and tell me to deal with the CA. Until recently (Jan 5th/04) there were no negative entries on my any of my Credit reports, but recently as I was trying to get preapproved for a loan and when the lender pulled my CR - this collection account showed up in one of the bureau's report in "Account Disputed" status. This is strange because as I said there was nothing there when I pulled the same report 2 weeks ago, the "date reported" on the lenders report is listed as 11/03 - but that is not possible since it was not there just a few weeks ago, so it looks to me that they reported this account to the CRA after I send my validation letter and without providing me with validation and I guess to cover their back they listed it in "disputed" status. Is this a violation of the FCRA? So now I went ahead and disputed this item that was already listed as "account disputed" with equifax and got the standard investigation has begun - wait for 30 days message. I had to select the option - "This does not belong to me" since all other standard options were not applicable, does this mean that the equifax will ask for debt validation with the collection agency, or will they only verify identification info? Because I am 100 % sure that they cannot validate this debt cause I know originals for any contract with my signature on it from 1998 don't exist. The CA also tried to "Re-Age" the account by listing the DLA as 02/03 - which is complete nonsense as I mentioned that the last time I ever had anything to do with this univ was in June 1998. What all this means is that now I can't qualify for a mortgage and the lender says to come back only after this is resolved, credit is ruined, attorney costs, stress, lost opportunity cost and much more. sorry for the long post but I wanted to post as much info as possible to paint a clear picture of my situation. It looks to me as if my only option is to enlist an attorney's help in sorting this out.
Get thee to an attorney real fast - you have a lot more in damages than the statutory $1000 for FDCPA or FCRA.
Want to add that the Statute of Limitation has already expired in the state where I currently live (4 yr limit) but it is abt 4 months away in the state where the original creditor is based. I am calculating this time based on my last day at this univ in June 1998.
Re: Re: Serious Problem - Need advice What kind of attorney would you hire for this? I glanced thru the yellow page headings and didn't see one that seemed to fit.
Re: Re: Serious Problem - Need advice I tried to contact the Orig creditor, but they don't seem eager to sort this out 1*They keep giving me BS excuses and tell me to deal with the CA. ><- <>- ><- <> 1* I Get so tired of this BS line form the OCs. Just because an OC sells or assigns a debt to a CA don't get the OCs arse off the barroom floor.
Re: Re: Re: Serious Problem - Need advice That is my point too. How does one go abt finding an attorney for something like this? I would prefer one that will take the case on a contingency basis since I don't have the dough to pay them the big bucks that they would normally demand. Any referrals for lawyers in DC metro area??
Re: Re: Re: Serious Problem - Need advice Bump for more comments. C'mon guys help me out here, what should I be doing??
Save those credit reports! If it was not there, they don't get to put it there with "account disputed". Lots of FDCPA opinion letters right on point to this. Nope CRA's don't validate at all. Violation #2 Here's your "damages" for court. sorry for the long post but I wanted to post as much info as possible to paint a clear picture of my situation. It looks to me as if my only option is to enlist an attorney's help in sorting this out. [/QUOTE] Who is the CA? What are your goals? Do you want $$ or do you want this off your report and for them to go away? Depending on your goals, you may or may not need an attorney to help you.
Quote: Nope CRA's don't validate at all. ---------------------------------------------- Does this mean that if the CA simply gives the CRA my mailing address, name and account number it will be considered verified by them??? That is outrageous, because I know they cannot produce any validation docs at all cause none exist. Quote: Who is the CA? What are your goals? Do you want $$ or do you want this off your report and for them to go away? Depending on your goals, you may or may not need an attorney to help you. ------------------------------------------------------------ The CA is based in MA, some company called CCA. I want it off the reports so I can proceed with my loan, but it looks like it is not going to be in time as my lease is expiring and now I will have to sign a new lease. I want some payback now, but I can't afford the lawyer fees, will a lawyer take this sort of case on a contingency basis??
Since you and the CA are in different states, and since you could sue them for the amount of the mortage you would have gotten, the circumstances appear to fall under the FCRA, including the statute of limitations (somebody let me know if there's an exception in the FCRA for SOL regarding different states). But DO keep your reports, since it shows that they inserted this account and tried to re-age it only after you requested validation.
Quote: ------------------------------------------------------- So the phone call was your first contact? How long after that did it take them to send you your dispute rights? ------------------------------------------------------- Yes. The phone call was the first contact and the first time that I found about this so called debt. I received a letter from the CA in about 4 days after the call but it had no details, just lists the dollar amount and the name of the university and my student ID at that univ. I don't even know what they are claiming the money for. I send out a Validation and cease communication letter 2 days after I received this letter from them. Quote: ----------------------------------------------------------- Do you still have your PW? Receipts, bank statements? etc. ----------------------------------------------------------- Unfortunately no. Just last year I threw out all the stuff I had from this school, thinking what is the use of these receipts now? And ya wife pressured me to do some "organizing" and had Pre sorted all the "Unimportant" papers for me, stupid me said get rid of the junk. I know i will not get this request again from her for the next decade. Quote: ------------------------------------------------------------ Which school is trying to collect #1 or #2? And if you fully pay school #1, and transfer out, isn't #1 required to transfer the appropriate money to #2? Is it possible the failure is here? ------------------------------------------------------------ School #1 is trying to collect. I attended a total of 10 courses there in 2 semesters and 1 summer session (4+4+2). I had an assistantship that paid tuition for 5 of those courses. Although thinking back the total amt of debt is eerily close to the tuition for those 5 courses. I worked 20 hrs/week for the GA in Spring 98 and summer 1, 98. May be those bastards never transferred the fees to the bursar??? There was no money transfer involved between schools 1 and 2. I was travelling outside US after my summer session (June 98), then I found out I had gotten admission in school # 2, so after coming back I went straight to school # 1 told them I was transferring - packed my bags and went to school # 2, paid my tuition there for Fall 98 and stayed there until I graduated. No tuition money was paid to school # 1 for Fall 98 as their policy is that it has to be paid within the 1st week when classes begin to keep your registration current or your courses are automatically dropped, I had left them before that and I had officially informed the Int Student Director and the Business school abt my transfer as I was an Int student and so they needed to know abt where I was going. Quote: ------------------------------------------------------------ Manipulate this date? It would be a matter for discovery. I'm with you. It would [appear] that it was reported AFTER your dispute. During a reporting a DF is required to report the "in dispute" notation. But they are NOT required to drop everything they're doing and report "disputed" to an already reported TL. Therefore I find it hard to believe they would do so. Apparently then, it was reported AFTER your dipsute. ------------------------------------------------------------ Before starting my loan process I wanted to check that everything was okay on all 3 of my CR's, so I pulled all 3 reports in 1st week of Jan/04. Not a single negative item on any of them - scores above 750 on all 3. Then I go to the lender and he pulls the reports, EX and TU are clean but this account appears on EFX as I mentioned in "Account Disputed" status. "Date reported" is listed as 11/03, "Last Active" is reported as 01/03. When I went to dispute it online with EFX - it was already listed there as "Account disputed", but it still gave me the option to dispute it and I checked the "This does not belong to me" box. Now it shows as investigation started and lists the date when the 30 day period will be over. Quote: ------------------------------------------------------------ Sorry but what is a PW? I am addressing it thinking it is a contract of some sort. They would have my signatures on the registration forms from the 2 semsters + summer but the tuition was fully paid for them so I don't see how they can use that for anything. Now I don't remember but I just called up some of my friends from that school and they told me that these sneaky bastards had us sign a so called "Pre-registration form" a semester in advance (so in spring 98 last week they would have us decide on courses for Fall 98)and I may have signed that, although we were told that this is just for planning purpose as to what courses I would like to take in the Fall semester and so that they know how many seats would be availble. This would not be valid if the fees were not received before 1st week of when the courses begin. So if you didn't pay it would be assumed that you dropped out or left or whatever. Is this incriminating in any way? I mean can they say i owe money because they didn't update the system and the stupid Int director never informed them. My school #2 also sent them official notification as I was an Int student informing them that now I am with them, this happened within 10 days of the semester's start. Quote: ------------------------------------------------------------ Whatcha mean "they tried". Did they or not? ------------------------------------------------------------ I was confused about the term listed in the lender's report "Last Active" if this means "Date of Last Activity" then ya it is listed as 01/03 and so they have "Re-aged" the account as I have not had any transactions with this school after June 1998. Quote: ------------------------------------------------------------ Have you tried "rapid rescore"? ------------------------------------------------------------ I am not sure what Rapid rescore is? I am researching it right now. I hope this info will give you a precise idea of what is going on. Thanks a lot Butch.
I did have that site in mind, thanks. Do you know if the lawyers listed there charge regular fees or they work with conusmers on a reduced rate or on a contingency basis?
I had left them before that and I had officially informed the Int Student Director and the Business school abt my transfer as I was an Int student and so they needed to know abt where I was going. Quote: ------------------------------------------------------------ Manipulate this date? It would be a matter for discovery. I'm with you. It would [appear] that it was reported AFTER your dispute. During a reporting a DF is required to report the "in dispute" notation. But they are NOT required to drop everything they're doing and report "disputed" to an already reported TL. Therefore I find it hard to believe they would do so. Apparently then, it was reported AFTER your dipsute. ------------------------------------------------------------ Before starting my loan process I wanted to check that everything was okay on all 3 of my CR's, so I pulled all 3 reports in 1st week of Jan/04. Not a single negative item on any of them - scores above 750 on all 3. So - great reports before all this. Then I go to the lender and he pulls the reports, EX and TU are clean but this account appears on EFX as I mentioned in "Account Disputed" status. "Date reported" is listed as 11/03, "Last Active" is reported as 01/03. How much time expired between the time you pulled in early Jan. to the date the lender pulled? When I went to dispute it online with EFX - it was already listed there as "Account disputed", but it still gave me the option to dispute it and I checked the "This does not belong to me" box. Now it shows as investigation started and lists the date when the 30 day period will be over. We'll probably want to wait until it's over. Quote: ------------------------------------------------------------ Sorry but what is a PW? I am addressing it thinking it is a contract of some sort. They would have my signatures on the registration forms from the 2 semsters + summer but the tuition was fully paid for them so I don't see how they can use that for anything. Now I don't remember but I just called up some of my friends from that school and they told me that these sneaky bastards had us sign a so called "Pre-registration form" a semester in advance (so in spring 98 last week they would have us decide on courses for Fall 98)and I may have signed that, although we were told that this is just for planning purpose as to what courses I would like to take in the Fall semester and so that they know how many seats would be availble. This would not be valid if the fees were not received before 1st week of when the courses begin. So if you didn't pay it would be assumed that you dropped out or left or whatever. Is this incriminating in any way? I mean can they say i owe money because they didn't update the system and the stupid Int director never informed them. My school #2 also sent them official notification as I was an Int student informing them that now I am with them, this happened within 10 days of the semester's start. See where I'm goin with this? You need to track down exactly what happened. It will be isolated to ONE screw up, probably on the part of one person. You gotta figure out what happened. Quote: ------------------------------------------------------------ Whatcha mean "they tried". Did they or not? ------------------------------------------------------------ I was confused about the term listed in the lender's report "Last Active" if this means "Date of Last Activity" then ya it is listed as 01/03 and so they have "Re-aged" the account as I have not had any transactions with this school after June 1998. Yep - Reaging is illegal as hell. I hope this info will give you a precise idea of what is going on. Finally, 5k is a lot. Re-acquire all the info. you can get. You'll need to put on your detective hat, and track this stuff down. there's no other way. And don't throw PW away anymore. Thanks a lot Butch. [/B][/QUOTE]
If you can't get this figured out OP, you're [probably] gonna have too file suit. And it won't be small claims either. .
Re: Re: Serious Problem - Need advice I am leaning towards that option too. This is no small claims court matter that I can deal with on my own. And I don't think the letters will do it either. Damn, I got no money for the lawyers, hope someone will agree to take this on a contingency basis. The timing is what pisses me off, it couldn't be worse for me. For the past 1 yr i was thinking abt a house, finally I decided it is time and got my self mentally prepared and then this happens. If this was a legit debt they would have come after me in 6 months not 6 years, given the $ amt involved. Do you think I have a strong case??
