The Beginning, Just got the credit reports....OUCH! Options

[honeyo]

Hi everyone,

OK so I received DH's credit reports from all three agencies and it is NOT looking good at all. There are tons of baddies on there....I'm a little overwhelmed by everything but I think he finally now is understanding that we need to do something about it. We are planning how to attack this and I am planning on being on these boards A LOT!!!

First of all, his personal info is so wrong. All three agencies have wrong current and previous employers (I should say old info rather than wrong). Also, he has lived at this address over five years so I could request a deletion of the old addresses, right? For that I would just send letters to all the agencies, right? Or can DH call them to change that?

We received a letter from Laurence A Hecker, Attorney at Law in Princeton, NJ for Citibank card. The creditor is VC GLOBAL INC and original creditor is Citibank. Debt is for $5,680.05. I received the letter on Jan. 29. So this I would ask to validate the debt, send it by registered mail with rrr. Or do I ask for a deletion after I pay???? HELP!

This is what the letter says:
"This office represents the above named client VC GLOBAL INC, who has placed the above styled matter for collection. This is a demand for full payment because you have had ample time to pay your creditor. Sometimes we can arrange installment payments but you must contact this office for arrangements."

Any suggestions on tackling this first of many issues would be GREATLY APPRECIATED! Thank you everyone. Oh and btw, DH's credit score is 574....

[Googie]

[imtrying]

DV the attorney.

Old addresses: Send the old address letter to the the CRAs and get them updated.

[honeyo]

Can I use this letter to send to the attorney or is there some different language to use when dealing with an attorney as opposed to dealing with a collection agency directly??

Thanks!

One more thing -- what if I have a letter that was sent to me last year? Can I still ask them to validate the debt even though my 30 day period has expired??


Your Name

123 Your Street Address

Your City, ST 01234


ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CRRR#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter.

(If you have nothing in writing use the phrase "recent communication)

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Your legal staff will agree that compliance with this request is required under the laws of (State name) and Federal Statutes.

In addition to the questionnaire below, please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)
.................................................................

[Frisbee]

Here's some info:


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LAURENCE A. HECKER 167 N.J. 5 (2001) of Toms River (Ocean County) Suspension 3 Months Decided: March 7, 2001 Effective: April 2, 2001 Admitted: 1965 APPEARANCES BEFORE REVIEW BOARD John McGill, III, Deputy Ethics Counsel, argued the cause on behalf of the Office of Attorney Ethics. Laurence A. Hecker, respondent, argued the cause pro se. The Supreme Court of New Jersey held that a suspension from the practice of law for a period of three months was the appropriate discipline for an attorney who engaged in gross neglect, lack of diligence, negligent misappropriation of trust funds, failure to safeguard client funds, record keeping violations and failure to supervise a non-lawyer assistant. The non-lawyer assistant had stolen monies from respondent previously. After his incarceration, the respondent rehired the assistant, who also had a history of addiction to drugs and alcohol. By his actions, respondent placed clients' funds at extreme risk and, in fact, the assistant, again, stole from an estate account for which the respondent was responsible.

[honeyo]

WOW, thanks frisbee! Good to know, very good to know!

Do you think the letter as in my previous post is appropriate????

Thank you again!

[Frisbee]

I am not the letter expert, wouldn't want to throw you off. However, I live in Princeton and I don't find your friend listed in the phone book under Princeton. Did find a woman, I think Jennifer in Hamilton...which darlin just ain't Princeton!!!!

Also found case from Dec. 2004. Seems your friend has turned into a CA lawyer. Tried to get a default against someone who had settled with him. Your friend lost because judge found people were trying to live up to the spirit of the settlement. IF I read it right, judge made lawyer friend pay for legal fees for defendants. Searched on Yahoo.

Just like to know the enemy....this guy seems slick...be careful.

[pryan67]

how old is the debt?


there IS no 30 day period for you...you can ALWAYS request validation



you say you got a letter before...was it from him? Doesn't sound like it from the tone of his letter...

either way...you NEVER received a letter from him...keep repeating that...*grin*


I also found two other addresses for this "person"

Laurence A. Hecker P. A.
>> 109 Division Street, Toms River, N.J.
>> Toms River, NJ 08753

> Mr. Laurence A. Hecker
> 1 AAA Drive, Suite 103
> Robbinsville, NJ 08691
>

[honeyo]

Damn, what a scumbag!!!! He sure as hell is NOT getting anything from me!

We have never received any letter regarding this CITIBANK debt. This is the first letter regarding Citibank and it is from this Hecker dude. He has the Original Account Number on the letter also. Here is how it reads:

RE: Creditor: VC GLOBAL INC
Your Account Number: XXXXX
Original Creditor: Citibank Universal Card Svcs
Original Account Number: XXXXXXXXXXXXXX
Amount Due: $5,680.05

And then the rest of the letter as I quoted before plus: NOTICE OF IMPORTANT RIGHTS. UNLESS YOU THE CONSUMER WITHIN THIRTY DAYS AFTER RECEIPT OF THIS NOTICE DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THERE OF THE DEBT WILL BE ASSUMED VALID. Blah blah notify us in writing blah blah we will obtain verification or a copy of a judgement against you blah blah we will provide you with the address of the original creditor if different from the current creditor.

And a toll free number to contact him ASAP. 1800-884-0860



I'm just starting with everything and just checked DH's credit report to see how old the debt is...now explain this: The only thing from CITI is on TRANSUNION (nothing on EX nothing on EQ):

Terms: not reported
Account status: open
Monthly payment: 0
Date Open: OCT 1990
Balance: 0
Balance Date: July 1, 1998
High Balance: 0
Credit limit: not reported
Past due: 0
NO REMARKS
Payment Status: PAID OR PAYING AS AGREED

So where is this SOB getting his info from?????????????????

[pryan67]

Fire off the DV to him...let him violate...

assuming you DON'T owe the debt of course...as you're well aware, the CRAs aren't known for their accuracy...


If you don't owe the money (And I'd think you'd remember a debt like that), then fire off the DV letter and wait for him to screw up...

[Frisbee]

First of all, his personal info is so wrong. All three agencies have wrong current and previous employers (I should say old info rather than wrong

This is scaring me if I'm reading correctly...Could there be an identy problem with your husband? Did you "opt out"?

Fix the above pronto.

Agree completely with Pryan....send out d/v.

[honeyo]

We are going to opt out. I'm sending off the DV tomorrow afternoon to get the ball rolling on this one. Thanks for all your help.

On a different note...I received my credit report from EX yesterday and the amount of inquiries on there is amazing. I have THIRTEEN inquiries made by CAP ONE between 2/03 and 9/04. This is listed under the "requests viewed only by you" part of the report. Is this just because they are trying to get me "pre-approved" to send me an offer? Should I opt out also or because I have such a very short credit history, should I wait for people to send me offers??

Thank you!!!

[honeyo]

And one more question (sorry this is all very very confusing to me...!): Should I get the old addresses deleted before I DV that jack a$$ attorney and should I opt out before I do anything? ARGH! I am kind of freaking out here since I don't even know really where to start with all this! Thank you so much for your help (again!).

[pryan67]

the PRM inqs from CapOne are because you're not opted out...after you do that, those INQs will stop...

the "pre approved" offers you'll likely get from them will be sucky...you'd be better off without them in my opinion...

Get old addresses off first, but while that's going on, DV the so-called attorney...and before all, opt out...use the website...I don't remember what it is off hand, but it's on this board somewhere

[honeyo]

Thank you so much pryan! I opted out online, here is the address for anyone who needs it, it takes two minutes!

http://www.optoutprescreen.com

Funny thing happened yesterday. DH and I was just talking about all those CAPONE inquiries and when I got the mail: Dear you, You have been selected to apply for a 21.9% CC blah blah blah...." Yeah right!

Thanks again. I am shooting off letters to this lawyer today, as well as to the CRA's. Do I send the letter to the CRA's certified mail also with rrr??

thank you!!!!!!!!!!

[pryan67]

yep...EVERYTHING should be CMRRR...

[Frisbee]

Do not lose your initial 30 day window to d/v. Be careful with that. Also, did this guy include your mini miranda, etc. in the letter? You know..."you have 30 days, etc and this is from a debt collector, etc.

[honeyo]

Yes, frisbee, he had that whole line.

Unless you the consumer within thirty days after receipt of this notice dispute the validity of the debt or any portion thereof the debt will be assumed valid. If you the consumer notify us in writing within the thirty day period that the debt or any portion thereof is disputed we will obtain verification of the debt or a copy of a judgement against you and a copy of such verification or judgement will be mailed to you by our office. Upon your written request within the thirty day period we will provide you with the name and address of the original creditor if different from the current creditor.

This is an attempt to collect a debt. Any information will be used for that purpose. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

Please contact our office at 1-800-884-0860.


Should I just send a shorter DV with a copy of this letter??? Or the long one as posted in one of my previous posts?? What is your opinion?

[pryan67]

I would send a basic DV letter...a lot of people like the short and sweet...I like the more detailed one...it's a matter of which YOU like...

Which letter were you considering copying to the lawyer? I wouldn't put a thing in the envelope other than the DV letter

[honeyo]

I believe that this in courtesy of you, pryan! Thanks if it is.

So you're saying to just tell him thanks for the recent communication, not including the letter that he sent me? If you have any suggestions on asking for anything else please let me know.





Name and Address

Laurence A. Hecker, Attorney at Law
650 College Road East, Suite 1800
Princeton, NJ 08540

DATE CRRR#____________

Re: Acct # XXXX
To Whom It May Concern:

This letter is being sent to you in response to your attached letter. (OR DO I SAY RECENT COMMUNICATION)

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Your legal staff will agree that compliance with this request is required under the laws of Ohio and Federal Statutes.

In addition to the questionnaire below, please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

I require compliance with the terms and conditions of this letter within 30 days, or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion.

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,
NAME

Debt Validation Form

Questionnaire to be returned :

Account #: ____________________

Original Creditor's Name:

_________________________________

Name of Debtor:

______________________________________
Address of Debtor:

___________________________________

Balance of Account:

__________________________________

Date you acquired this debt:

_________________________

This Debt was: assigned ___purchased___

Please indicated any credit bureaus to which
you have reported on this account:

Experian ______

Equifax ______

TransUnion _____

[pryan67]

I just re-read the thread...


looks like you're likely out of SOL (but check to make sure) for him suing you...so no worries there...

since this is the first communication from him, send off a DV letter like you have above (I didn't write that one btw...) Just say "recent communication"

also...change all references to "debt" to "alleged debt" and "pay this debt" to "pay this alleged debt to you"

[MyblackZ]

Do not lose your initial 30 day window to d/v. Be careful with that.

Sorry to hijack...but....

Other than demonstrating that at worst you ignored that letter and at best you didn't get it, I don't understand why this is so important if for no other reason than they haven't reported it to the credit bureaus yet.

Am I wrong in my understanding that they can ASS-ume all they want, but if at any time you ask for validation, they still have to prove it.

[honeyo]

Another thing I just noticed: the address this lawyer have is not right....letter still made it to us though. Instead of apt. # 5C it says 50!

myblackz, I believe you are right. You always have the right to ask for validation.

pryan, I am sending off that DV today, changed all references to debt to "alleged debt".
I have the "3 in one" deal to get DH's credit reports and just ordered all individually by mail this morning. Once I get the hard copies from each CRA, I will dispute all other addresses on DH's CR. Will it matter that I'm sending the DV off today and waiting (most probably two weeks) to start the address disputing????

[pryan67]

nah...shouldn't matter that you're DVing him now...he won't (legally CAN'T) pull your reports until he provides validation....so that shouldn't be an issue...

but get rid of the addresses as soon as you can, so you can dispute with the CRAs....

where did you get the 3 in 1 report from? If it's MyFico, you MIGHT be able to dispute from that...directly with the CRAs...is there a link to dipsute information on that webpage?

[honeyo]

myfreecreditreport.com
DH had an account there and since I have been FREAKING OUT for weeks because of our credit situation I ordered it from there, but after getting this lawyer letter and seeing the contradicting info on the CR we have now I would rather have the hard copies directly from the CRA's. I think it'll make me feel more prepared .

If you don't mind, can I start asking now about my next step....it is a CAPONE issue. In DEC DH received a letter directly from CAPONE to settle for half of what he owes. In OCT though, he received a letter from NCO to pay them. And they keep adding interest to the balance. Should I DV both CAPONE and NCO now or do you suggest I wait untill I have the CR and start then?

Thank you ever so much for all your help!!!

[pryan67]

Id NCO reporting?

In general, I'd DV NCO today...force them to validate..which they won't be able to do most likely....

also, in general, fire off a letter to CapOne thanking them for their recent communication, but you've been contacted by several people about this alleged debt, and you don't know what you owe or to who...or even if you owe anyone anything, and therefore must request any and all account information, including balance due, copies of statements, etc.

now...how old is the debt and how much is it for? We need to know that before you fire off those letters