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Discussion in 'Credit Talk' started by Ender, Mar 14, 2001.
Thanks in advance..
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be careful about giving your email address on this bb. I am a victim of Bobby's harrassment because of it and had to switch email addresses. He loves to spam.
Just a warning,
Okay, let's discuss it here then.. I'll start off with some simple questions.
1) What was the SOL status when you begain disputing? Was it already past the SOL? (In CA where I am at, it is 4 years.. for me, the SOL is going to be past in 4-7 months from now)
2) Were your CHARGEOFFS paid or not paid? Also, were the chargeoffs on creditors and collection agencies multiple times as well?
3) How many rounds of disputes did you do w/ the creditors/collection agencies? 2? 3? Then with this proof, did you send copies to the CRA? Then how many rounds did you go with the CRA to prove to them the debt was "NOT MINE"? Then at what point did you go about sueing?
4) How difficult is the process in filing in small claims court? Is it possible you can post the letter/statements you used when you did file? (BTW, what state are you in?)
I am asking these questions to try and relate it to my situation.. thanks in advance for your help lizardking and congratulations on the success you experienced so far..
One other question.. have you heard of sueing for the "open amount"? This is where you sue for the amount they are trying to collect from you. Do you have any idea on how this is done? I remember seeing this post on the yhoo msg group.
The yahoo group definitely turns the tables and countersues for the open amount of the account, plus damages, plus FCRA and FDCPA violations. The "due process" guy sells info on it. www.dueprocess.org
I THINK suing for the open account means countersuing for the "Open" amount on the account. EG: the amount they say you owe.
If you won, I don't believe it would "Offset" because to offset would mean both sides won=0 to each side. I think the idea is to counter for the exact amount as actual damages and then go for punitive et al and violations of the ACTs. But this is just my layperson opinion. If I still owed a dime to anyone I'd buy this guy's info in a heartbeat.
Some of his views seem extreme. but I believe on these affirmative defenses he's on the mark.
Yes, I do agree Marie.. his views are a bit extreme.. where you completely stop using SS#. I am curious as to the process in suing for the "open amount" however.
Lizardking: the only difference between you and I at this point is that the collection agencies are listed on my CR.. multiple times AND reaged.. the ones that are listed include: NCO, Cavalry, Coldata. The only question I have now is which should I dispute first? I know I am limited to only disputing a few items at a time.. is it better to dispute the original creditors, where the last activity is listed as 5/97-8/97 OR to dispute the collection agencies (as stated above) that are listed 1/2001, 12/2000?? Which would you do first? I feel a dawning dread that it is going to be a huge pain in the ass trying to get rid of these collections based on the posts from others in this forum and their experiences with them.. what do you think I should dispute first? If I dispute the original creditors, get those off.. will they be put back on by the collection agencies??
Marie: Any idea on approx. cost offhand in "hiring" Due Process? I checked out his site and I know his material runs a few hundred and am wondering if this would be worth it as well..