Urgent Request for Help

Discussion in 'Credit Talk' started by NanaC, May 25, 2001.

  1. NanaC

    NanaC Well-Known Member

    As everyone knows, I'm applying for a house loan. I had a bill on my acct. that was not mine for $49 for a medical. That bill was in my husband's name. However, it was for a time period in Texas when we lived in Illinois. It could not possibly have been ours (we have leases, paystubs to show we were in IL)..anyway, probably my ex-husband up to his games as he had no insurance.

    Anyway, I got the bill stating I was responsible and disputed via certified mail as not mine. I received no response but the acct. was taken off my credit report. It was then put on my husband's. So, I disputed that. Now, they have removed it off his and put it back on mine...this while i'm in the process of getting a mortgage!

    Help, please.

    I want to send certified mail to the hospital, the CA (NCO, of course), and CA's. I intend to threaten a lawsuit due to the fact that this could seriously hurt my house purchase and they have little if no time to correct it..maybe a couple of days.

    Are there any other ideas I'm missing on this?

    Thank you so much..I'm not panicking....yeah, right!
  2. bbauer

    bbauer Banned

    Why not ask Nave for help. I'm sure he has some good ideas for you.

    Then there is always Erica too if Nave is too busy going to the movies trying to determine what color the sky is in Oklahoma
  3. DaveLV

    DaveLV Well-Known Member

    $49 vs a house? I'd run this by your mortgage broker first but I think I'd send them a check.
  4. Erica

    Erica Well-Known Member


    That was totally uncalled for, and you know it. I thought you were an adult. I guess I was wrong.


    I have read somewhere that if you write a letter of explanation to the underwriter, it may be ok. I don't know alot about mortgages, mostly because I've never had one, but I'm sure if you bring your evidence with you to the underwriter's office, they will be understanding.

    Oh, BTW, don't listen to Bill. You can e-mail me privately if you want, but I don't know if that is going to help much.

    Good Luck!
  5. Momof3

    Momof3 Well-Known Member

    Hey Nana,

    Please don't shoot the messenger here. But if you are in the middle of your loan process which we are and let's face it disputes, validations, verfications etc take time and time is really not on your side with this one. And even though the item is/will be disputed, it will either have to be removed or paid off before your loan will go through, (I know Don's co requires this), so even though I don't and would never advise anyone to pay something that is NOT theirs, you just might have to consider paying this and fighting it later, if that will be the difference between getting the loan or not??

    Sorry I know it's NOT fair one bit, and if someone advised me to do this I would probably tell them to take a flying leap. Not sure of your time table with mortgage, you may want to talk with Don, some underwriting systems do approve with a caution which I believe means they listed certain things that must be done before loan/closing, so depending on your timestable you may still have time to fight this but if it's cutting it close you may have to pay and fight later.

    Do you have a direct telephone number to speak with them, you could trying advising them of a potential law suit/ ask to speak their legal department.
  6. bbauer

    bbauer Banned

    Well, I thought you might have some good advice for her.
    I thought I would recommend you to her as possibly being able to give her some good solid advice.

    Was I wrong?
  7. Karen

    Karen Well-Known Member

    If the mortgage company insists, have them withhold $49 from the proceeds to pay the bill, if necessary. This will be held by the closing agent, probably the title company. Then fight the bill any way you want. If you can prove it is not yours, the $49 is paid to you by the title company. If you cannot prove its not yours, the money is used to pay off the bill. This way you can close. The lender knows the bill will be paid if verified. You know you can get the money back if not verified.

    I have done this before and it works on a disputed issue.
  8. bbauer

    bbauer Banned

    Now THAT'S outstanding advice most would not have known about or thought about.

    Truly impressive and the kind of helpful hints we all hope to come across in time of need.

    Even though it doesn't apply to me at this time because I'm not in the position of needing it, it's one of those kinds of ideas one should save for some possible future need.

    A real gem.
  9. NanaC

    NanaC Well-Known Member

    I can prove it is not mine because they sent me a bill in which they show me as a guarantor for my husband who is obviously over age and they have no signature of anything.

    It is not my husbands...but I don't think he's going to be on the house loan so I have time to fight it (which I was doing) when they bounced it back to me.

    I sent my dispute for my husband on 5/14 and they switched it yesterday so they are doing this quickly at NCO.

    I've got a call into Don...I need to talk to him..anyway, I have proof that I'm not the person...the argument is really whether my huband is..

    To everyone thank you...I haven't been told about how this will affect the house but I'm assuming that the proof I have that it is not my bill should be sufficient...I'm using the online certified mail to get this there tomorrow...we shall see what they do..I'm also mailing the hospital, the attorney general, the BBB.

    And, no one has to tell me to ignore that dipchip that is writing here for attention or whatever, trust me...apparently has serious issues to strike out at those that won't purchase his items, maybe he's in dire financial situation and that is what has caused him to seek negative attention. I try to look for a reason to excuse someone's poor behavior since something is usually behind it. It's a shame because I would normally recommend therapy but I'm sure with the financial situation he might be experiencing, that would be impossible.
  10. river

    river Well-Known Member

    If time isn't on your side and you need some explaination for this,burn a copy of a 4-way report(your report w/,yours again,w/o,his w/,your again,w/)with letter explaining the ping-pong game with the CB's and give to underwriter.But,then again,you have to do ,what you have to do,to get what you want. Not good English,I know.Good Luck!!!!!!!!!!!!
  11. NanaC

    NanaC Well-Known Member

    Thank you, River.

    I'm going to first see what the broker said. I know they have already pulled the first reports and I do have all the documentation you request.

    I am assuming no one would recommend me callinng them directly, is this right?
  12. NanaC

    NanaC Well-Known Member

    In my letter to NCO that is following a dispute letter already sent, should I not ask for validation (that's already been done) and just state that they have broken the law and that they need to remove the entries immediately.

    I have written a notice referring to the previous dispute and citing certified mail receipt numbers and stating that I have maintained careful records to easily prove that they have entered this information with the full knowledge that the items were inaccurate as per my letter and their lack of response earlier.

    Thanks..my point is.I didn't ask for validation..they had their opportunity and didn't do that..I just said remove or I will file a lawsuit. These are not empty words..I intend to file if this is not removed immediately.

  13. Momof3

    Momof3 Well-Known Member

    No at this point I wouldn't call them directly. These agencies have a knack for getting you to say something you shouldn't.

    But if you get nowhere through the mail and this isn't resolved you may want to request the legal department, you have a very good case.

    The other poster mentioned some good advice, about holding the funds etc. I do think that depends on the company and the underwriters and from what I remember about "Don" they are pretty strict with collections being paid, atleast in my case I was trying to explain why I was delaying payment until lates were corrected, they basically said it "has" to be paid yada yada.

    You still have sometime, good luck:)
  14. tom65432

    tom65432 Well-Known Member

    You are assuming that everyone will work fast to help you. In realtiy, they won't. Karen's suggestion will work when the lender states you "must" pay everyone off before closing. It is a real life solution in an imperfect world. The lender is protected if the debt is really yours (I know it isn't, but they don't) and you are assured of getting your money back when you prove the bill is not yours. And, best of all, you close on time. Her solution buys you time.
  15. NanaC

    NanaC Well-Known Member

    Great solutions and lots of help! You all are so great!

    I talked to my broker and I'll update everyone!

    They are waiting for verifications of everything, my landlord, etc. So, that is why we haven't heard anything as of yet. He was very calm..and not worried at all.

    Said that I have plenty of proof to show this as not
    accurate but I should dispute today with everyone and that should take care of it.

    The reason I am sort of optimistic it will be removed quicky is becaus that has been the game NCO is playing. They get my disputes and bounce it to my husband within days of receipt. This has happened twice. I don't think it will be removed from us as coupule, but I do think they will bounce it to my husband within days of receipt as they had done.

    I know that this quick an action is unusual but that is what they have done the last two times...

    Thanks everyone!!! Don (broker) was so calming!!!

    Hubby won't be on loan so not an issue if they bounce it to him..so I'll close if I get approved and they fight his entry and I'll win..:)

    Now, like I said, he said if they don't correct it, I have tons of proof and then there is the idea here about getting money back later if I have to pay it and then I can disprove it.

    Thanks a million..I'm rambling..

    I still need to know though if I should send a standard dispute or an "I've already disputed, you didn't prove it, you reinserted with notification, take if off now letter, what the heck is wrong with you" letter.
  16. Erica

    Erica Well-Known Member


    Did they reinsert without notifying you? They have to notify you within 5 days (mailed letter within 5 days) of reinsertion. You can have the CRA delete on that fact.

    Then, you can tell the CA to get lost. You have definate proof that the debt is not yours. It is the CA's responsibility to prove the debt, and since they can't, they have to remove. I would send one final prove it or remove it letter, be sure to threaten to sue, and then follow-up with that letter. You obviously have a case against this CA, and you should win. The key is to follow up.

    Just my 2 cents. Not sure if it's what you should do, but it may help.
  17. NanaC

    NanaC Well-Known Member

    Hey, DaveLV..
    Broker said not to pay..at least not yet...:) I asked cuz I would pay if it would take care of it..

    It was wierd how calm he was..he said "This is nothing" and it made me feel much better!

    Mom...Thank you..your advice is sound and I will pay before losing the house of course..and especially for encouraging me ('fraidy cat) to call him...it was the best thing I've done! I'm so silly sometimes.

    Karen..thank you for the info..I didn't know that could be done!!
  18. NanaC

    NanaC Well-Known Member

    Thank you, Erica..so you think a combination...validation/already past dates letter.

    And,yes, they reinserted it without notification.


    I have the post office certified letter in front of me now waiting to know what I should say in it..gonna send it within minutes..anyone have any thoughts on what I should say in it? Do you agree with the combination or just take it off your time has passed letter?
  19. Erica

    Erica Well-Known Member

    You can get the Credit Reporting Agency to remove the collection based on the fact that they reinserted it without notifying you. So, send that letter to then.

    As far as the collection agency goes, send a different letter to them saying something like, "If you can't prove that this debt is mine, which I know that you can't, I'm going to sue you for violating my rights." Keep it simple and don't quote the FCRA. You want them to look at your letter and take it seriously.

    So, yes, a combination should work, however to BOTH parties. The CA and CRA.

    Good luck!
  20. Erica

    Erica Well-Known Member

    I just sent you an e-mail with a sample letter as an attachment. Maybe you can modify that letter to suit what your goal is.


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