Disputing Credit Inquiries

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Replied by Meya on topic Re: Disputing Credit Inquiries

:scared: :scared: :scared: :relieved:
10 years 7 months ago #1

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Replied by Brian23 on topic Re: Disputing Credit Inquiries

The link was created from a guy who lives in Texas (but the information is for everyone nationwide). Yea, I know what you mean. Sometimes people think they're doing good by paying the bill when it goes to collection agency. But, they're not. If you even admit to oweing the debt, they can re-enter it on your credit report for another 7 years.

You are absolutely correct. If the account is not with the original creditor anymore (and its been sold to a collection agency) just let it go till it gets sold back to the original creditor. That's what I did with my CapOne. It went to 2 collection agencies for a little, than got sold back to CapOne. And as soon as is it I paid them right off. A little while later, I finally got another card from CapOne.
10 years 7 months ago #2

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Replied by Meya on topic Re: Disputing Credit Inquiries

That link has some good information in it. I see that it was for Texas, I will have to look up for some in Cali. Hey another thing I read, when I used to tell members not to pay on a debt that is old, it was true about they can refile on you for another 7 years after you make the last payment to them. It may sound harsh, but no one is getting my money if I know that they are or can refile on me when I paid them off. The purpose was to clean my credit report, not pay them and re-polish it with negative activities. My walk away status paid off, I will just fight to the fullest to never get that way again.

You made some good points Buddie, I love to see info like that coming in. IF you got anymore bring it on, we treasure it here.:cool:
10 years 7 months ago #3

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Replied by Brian23 on topic Re: Disputing Credit Inquiries

Thanks Meya! I hope this will assist FG members to hold the collection agencies accountable for what is rightfully owed to us.

And I wanted to make mention of something very very very important. If you ever are sued by a collection agency on a debt, DO NOT IGNORE IT. Just visit the website of http://www.budhibbs.com/index.html and ask him for a consumer attorney in your area. If you hire the consumer attorney you stand a better chance of winning the case (and if you win the case your court fees and attorney's fees are covered by the other party automatically). The worst thing that any person can do is ignore the notices sent from these agencies, because they will get a default judgement against you, and than you are done. They can freeze your Bank Account, Garnish you wages, seize your property (whatever you state laws allow them to do). And the worst part is a judgement will sit on your CR for 10 years, no questions asked. Always fight back! Half the time these agencies dont have the proper documentation to validate there claim and you can seek restitution against them.

I am sure I have mentioned number of times that I live in South Florida. Well, over the last 6 months I have been on top of the county public records search (which is all public information online) and the number of default judgements against creditors is in the thousands (scary how many people are losing everything they own from not showing up for a court case). And these figures are only for Miami-Dade and Broward County (Fort Lauderdale). Imagine nationwide what these agencies are doing to people.

I just can't stress enough to seek help when you get court documents and are being sued, I would hate to see anyone that I know of lose the battle by just ignoring the documents.
10 years 7 months ago #4

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Replied by Meya on topic Re: Disputing Credit Inquiries

Right on buddie, this is cool!
10 years 7 months ago #5

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Replied by Brian23 on topic Re: Disputing Credit Inquiries

Ok, let me try here again.. I used this recently (as you can tell by the collection agency), but the template a lawyer friend helped me write. U just need to tailor it for your use.

January 10, 2009

YOUR NAME
STREET ADDRESS
CITY, STATE ZIP


Affiliated Acceptance Corp
PO Box 790001
Sunrise Beach, MO 65079-9001
Via Certified Mail Return Receipt]

Re: AAC Account #XXXXXXXXXXXX

To Whom It May Concern:

Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that:
(a) the account is valid,
(b) the amount allegedly owed is accurate,
(c) I have a contractual obligation to pay Affiliated Acceptance Corp for this alleged debt.


All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Affiliated Acceptance Corp for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA)
or
• A copy of the contract Affiliated Acceptance Corp purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Affiliated Acceptance Corp and myself, signed by me, stating that I have a contractual responsibility to Affiliated Acceptance Corp for the alleged debt
• Provide proof that Affiliated Acceptance Corp is bonded/Licensed for debt collecting in the State of Florida


Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Affiliated Acceptance Corp is asserting regarding this alleged debt. If Affiliated Acceptance Corp can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Affiliated Acceptance Corp system. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me.

PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.


If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.


Regards,



YOUR NAME
10 years 7 months ago #6

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Replied by Brian23 on topic Re: Disputing Credit Inquiries

Yea, I tried to paste it and its not copying right.
10 years 7 months ago #7

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Replied by Brian23 on topic Re: Disputing Credit Inquiries

Sorry Meya. You have to school me how to save them in the network, or I can just email them if you give me your email address.
10 years 7 months ago #8

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Replied by Meya on topic Re: Disputing Credit Inquiries

I have some great DV letters if you are interested in seeing them interjack.

Can you please share them with us, it will really be beneficial!:white-flag:
10 years 7 months ago #9

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Replied by interjack on topic Re: Disputing Credit Inquiries

Interjack, I just thought about this. I would call your doctors office again and confirm that you paid it down to $0 balance and they havent had to write any debts off. A lot of times doctors, if they can't collect on the $, will sell it to the collection agency for low cost, or will just write the balance off as non-collectable (anything they write off is a tax break for them, so it shouldn't really matter there).

So I would make absolutely sure that the balance was paid off and its a write-off. I just don't want to see you end up with the collection agency winning here.


I thought about that to, but this particular dr office is an office that I visit every other month. They have my up to date info so there is no reason to not contact me if there is an error or a bill issue. Plus I am covered 100% for doctor visits w/ insurance.
10 years 7 months ago #10

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Replied by Brian23 on topic Re: Disputing Credit Inquiries

Interjack, I just thought about this. I would call your doctors office again and confirm that you paid it down to $0 balance and they havent had to write any debts off. A lot of times doctors, if they can't collect on the $, will sell it to the collection agency for low cost, or will just write the balance off as non-collectable (anything they write off is a tax break for them, so it shouldn't really matter there).

So I would make absolutely sure that the balance was paid off and its a write-off. I just don't want to see you end up with the collection agency winning here.
10 years 7 months ago #11

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Replied by Brian23 on topic Re: Disputing Credit Inquiries

WOW! I can't wait to hear the results of this either.

Actually, reporting a debt to the CB that cannot be properly validated is in violation of the FCRA and holds a 2500 fine made payable to the creditee.

I have some great DV letters if you are interested in seeing them interjack.
10 years 7 months ago #12

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Replied by Meya on topic Re: Disputing Credit Inquiries

I can't wait to hear about this outcome. I know it is going to be juicy. U-go-interjack! I got my fingers crossed for you.
10 years 7 months ago #13

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Replied by interjack on topic Re: Disputing Credit Inquiries

I talked with a lawyer today. Fortunately for me its illegal to pull a credit report without permission or without a permissible use. I sent a certified letter to AMSHER today asking to prove that I owe. Then I sent another letter asking them to prove that they had permission to pull my credit report.

After I get their response, which will be that I don't owe and they didn't have permission, I am going to bill them $1,500 for wrongful damage to my credit, lost wages, phone minutes used, cost of sending mail, cost of pulling credit report...etc..etc...

These companies should learn that not everyone is stupid. I may not collect from them, but if I don't my lawyer will. :cheesing: :cheesing:
10 years 7 months ago #14

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Replied by Meya on topic Re: Disputing Credit Inquiries

First, dispute it with the cb it is showing on so you can get it off of there. Then scare the company with..............help someone, I never did this before...lol. Kiejon9 have some sample letters to make them prove you owe. Here is the link:

1. Make creditors prove you owe http://www.financeglobe.com/SocialNet/forum/showthread.php?t=906

2. Security freeze on your file http://www.financeglobe.com/SocialNet/forum/showthread.php?t=830

3. Credit freeze http://www.financeglobe.com/SocialNet/forum/showthread.php?t=831
10 years 7 months ago #15

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