tcjarrett

So I have an old credit card I'm paying off thru a small collection agency called Ascension Services. This one was out of SOL but I agreed to make small payments before I found these boards and knew my rights, so I unknowingly restarted the clock. Well the balance is getting pretty low so I want to try a PFD with them. I had sent them one before asking for a deletion when I had paid it off thru payments. They didn't reply by mail but over the phone they said they don't do that and kind of seemed like they didn't even know what it was! So now that I'm in a position to offer a settlement I want to try a PFD again. I just pulled my reports and they were only reporting to TU but now are reporting to EQ also. However they are reporting incorrectly. The balance is wrong, they don't have the monthly payments listed and the 24 month history shows nothing paid. I have a copy of the portion of the FCRA that explains their obligation to report correctly which I was going to send with my PFD letter. I'm looking for some type of proof tho that shows they don't HAVE to report anything if they don't want to. So maybe I can say "hey, you don't have to report this at all so why don't you just delete it" Now that I see they are reporting incorrectly I'm wondering if I should turn the tables and try to "scare" the CA by mentioning they are not reporting accurate info. Since I'm still paying on it though I'm thinking they will just update it to be correct. Should I try the PFD and then if they don't do it I could turn around and attack the TL to try for a deletion? If anyone has any links or articles etc showing that furnishers don't HAVE to report that would be good. Or any advice on what route to take. Thanks CB!

I have subscribed on MCA's site to join the forums so I can do some browsing but have not gotten the email to sign up so I thought maybe someone has some answers here. I have an open business account at US Bank. It's a very long story but I am very unhappy with them. Disputed a charge after they did some really wierd stuff, they denied it and reopened a closed account and charged it. So it was overdrawn and now they closed it and reported me to chex. I want to just be done with them but I have to have a business checking account so I can deposit checks from my customers. (self employed) I also have a overdrawn account from BOA in 2009 that is reporting on chex. Credit report is pretty bad. Not sure what I have on telecheck or EWS. If nothing else I need a business account and I can use it to fund a pre-paid debit card for personal use although I would like to open a biz and a personal checking. I just need a list of banks that are easy approvals in Kansas.

Oh thank you for the suggestion! At this point I KNOW I will get declined for an unsecured card. Most of my negatives are from credit cards a few years ago when I lost my job and couldn't keep up. I haven't been in a position financially to afford a secured card so I have only done minimal reading on the topic on CB. Been focusing on cleaning up what's already on my reports. But I will be financially secure in the next couple months so i will certainly start reading up on here and get started with a secured card. If anyone has any good links they could post that would be great.

Can someone please define or explain "gardening". I'm not finding the term in the glossaries. Judging from seeing the term in context, I'm assuming it has to do with obtaining and maintaining revolving credit ?? I'm in the process of removing baddies still, so I'm not to the point of applying for credit cards yet, but I hope in the next 6 to 12 months I'll be able to start trying to raise my debt to credit ratio. I'll certainly do a lot of reading here to learn how to do that

Bumping....I too have Pinnacle reporting to all 3 CRA's but on a debt that is out of SOL and never received a dunning letter. I'm curious if they are good about marking as disputed to the CRA's. I'm thinking 1-2 punch? DV them and dispute with CRA at the same time? What methods have others gotten good results for deletion?

That's what I thought. It's my understanding that installment loans look better if paid on time for a longer period of time rather than paid off. But wanted to check with the CB "experts" Thank you!

So..I have been on the credit boards for a few months and loving all this wonderful information. I have started my journey in repairing all my baddies. I have a 1995 Chrysler Lebaron that is on its last legs! I really need a newer more reliable car. I have not had the cash to buy one. My credit scores are still around 500, so financing is difficult with such a low value trade and not much for a down payment. Now for the good news...I will be receiving an inheritance in the next few weeks. My first priorities are to pay off some bills and buy a car. I hope I'm posting this in the right forum, as it falls under auto financing but also credit repair ??? My question is this... How much does an auto loan affect your credit score? I do not have any repos, all my baddies are mostly credit cards. I have one auto loan listed in the last 4 yrs that was paid and reporting positively. With this money I could easily pay cash to an individual or dealer. OR I could finance a car and turn around and pay it off in a couple of months, just so it is reported to the bureaus a few times. However, I will be financed at a high interest rate. I will pay more to a dealer for the price of the car. Advice?

I have not disputed with the CRA's yet. The Tmobile bill is with Midland for about $900. The electric bill is with Central States Recovery for about $600. I'm not in a position to pay off either one right now, so I don't want to stir up the dunning letters. And if the SOL is over 4yrs that gives them maybe even a couple more years time to send letters (I would DV them of course) but also more time to proceed legally. ICAN, thank you for the link. I was wanting something just like that but posted in case anyone had a similar situation and already had some good research done. And so I can post my findings in case someone else has the same question.

I need some clarification or direction on how to categorize a couple of CA accounts for SOL purposes. I have scoured the boards and other sources and getting conflicting info. First, I live in Kansas. I have read and re-read my state statutes but still not sure what these accounts would be considered. I need to know so that I don't start disputing accounts that are still within the SOL for collecting. Both accounts are with CA's that have other accounts of mine as well but that are outside of SOL. So I don't want to kick a sleeping giant and risk a lawsuit and need to plan my timing for disputing all accounts. If someone could provide a certain answer or direct me to a place where I could find good case law for my state it would be greatly appreciated. What is a utility bill considered? I have an electric bill with a DOFD of 5/2009 My state statute says "All actions upon contracts, obligations or liabilities expressed or implied but not in writing." has a 3 yr SOL. I never signed anything with the electric company, so I would understand it to be construed as an implied contract. I have also read some people say utilities are considered written contracts which would be a 6 yr SOL in Kansas. Others say it falls under the UCC which is a 4yr SOL. The other is a cell phone bill. It was a 2yr contract so it was a signed written contract. I am assuming this falls under the 6yr SOL...unless there is a loophole there that would make it fall under UCC.

They have not called back. I have not contacted them either. The last time I spoke with them I started asking questions, like who the OC was exactly, why nothing was mailed. The guy just started yelling over me and saying he wouldn't be treated like this. ??? So they never gave me an address. I never got a chance to ask for their address. In my course of trying to ask for something in writing and tell them I didn't receive the email "settlement offer" he never once asked for my current address. The first lady said they had mailed correspondence to my last address. I told her I hadn't lived there for 3 years. A legit agency would have immediately asked for my current address...especially if they wanted to serve a summons. I even offered to give them a different email so I could receive their offer and he refused. Before the first email was sent I requested they send copies of all correspondence they ever sent to the last address. She would avoid the question until I repeated myself about 3 times then she said ok...still never asked for my new address. They didn't care because they don't have anything legit to mail. I'm assuming they sent some bogus email with info on how to give my banking info to make payment and then they could drain my account and never be heard from again. I'm so glad I found this forum or I most certainly would have caved. I have a lot of old debts and my credit report is pretty ugly. I've had some hard financial times, I'm not a bum...I work hard and support a family. I'm frugal actually...don't spend on stupid things and I do pay my bills. Of course I would like to delete and get rid of as much debt as possible but I don't have a problem paying things off..when I'm able to. but things like this I refuse to make a priority when I'm trying to put food on the table...especially if they are a scam. The scammers are getting better, but if you educate yourself a little and keep some things in mind (keep your personal and banking info private, you should never have to wire money or pay to get money, anything legit can always be proved IN WRITING) and always remain calm on the phone if you have to talk to them. Don't say too much, ask a lot of questions, and remember no matter what they say you have rights and this forum is a great place to find out more info about your rights.

I had a credit card with Commerce bank. I started getting letters from Douglas Chancellor and Meyers about a year ago before I found this forum or knew ANY of my rights. So I did not DV them. I set up payment arrangements. The rep I speak to never lets me skip a payment. He always says if I miss a payment they will file suit. And always wants higher payments, saying that I'm not even covering the interest each month. DC & M is not reporting this on any of my credit reports. Commerce has their TL listed and has not reported since 2010. It is listed as charged off and the last payment was July 2009. The amount past due and amount charged off does not match DC&M' s amounts. Recently I contacted Commerce directly and tried to do some nosing around. Played dumb and asked when the last payment was, if this is closed or still being charged interest. Both a regular rep and someone in the recovery dept told me it has been closed, charged off, not accruing interest and sold to a 3rd party. Today I had my DV letter to DC&M in hand ready to send off and stop payments. ( I was positive they were a JDB) when I got a call from the Commerce recovery dept returning a message I had left last week. Now Commerce is saying the account has not been sold, only outsourced to a 3rd party collection agency. It is still accruing 21% interest and the payments made to DC&M are showing in their system as being forwarded to Commerce. So, I obviously have restarted the clock. This is still owned by the OC and it is still racking up ungodly amounts of interest. I am not in a position to offer a settlement.(the balance is upwards of $4000) And I can barely manage the $56/ month payments. At this point I can only afford to make minimal payments, maybe around $25/month until I can either pay more or be financially able to offer a settlement. My question is this...how do I negotiate with them to lower those payments and prevent them from filing suit? I am self employed and so my business fluctuates. Had some personal and business problems the last few months and have financial obligations that are way more important than an old credit card (for example, my month to month lease is ending in 8 days and I'm trying to find a new place to live for me and 3 kids and cover the expenses of doing so) on top of multiple other debts I'm trying to clear up from a few years ago when I lost my job. Do I tell them I just financially can't afford what they want? Let them file suit and plead my case to a judge? Should I seek the assistance of a credit counseling program who may have more leverage? I have searched the boards for others who have dealt with this collection agency and haven't found much. So anyone who is familiar with them or a similar situation I would appreciate your guidance. I'm drowning in bills and trying to repair my credit so I don't need another judgement, but if they are unwilling to negotiate with me then I may just be stuck with a lawsuit...? Since I'm self employed they can't garnish my wages, Could levy my bank accounts if they wanted to get aggressive. But I have told them before I work odd jobs and only part time, if you want to sue me go ahead cause you won't get anything. If you want any money you will take what I can give you thru payment arrangements. Not sure if that attitude will work again ?

So I called them this morning. Was very calm and polite. Told the man I did not receive the email and I have a couple of questions. He verified my email address correctly. Me: Can you tell me why nothing was mailed to me? Him: This is in litigation. We are trying to reach a settlement with you before advising our client to move forward with legal action. Me: Ok. So if it's in litigation why was nothing mailed to me? I knew nothing about this until 2 days ago. Him: Well we have been calling you for 2 months Me: No you havent. I got the first message from you on Tuesday Him: Well my notes say we have called you for 2 months. Listen maam, there is no need for you to get upset. Me: I'm not getting upset, but what number were you calling? Him: The number you are calling me from right now. There is no reason for you to talk over me and try to belittle me or get rude and upset. Me: I'm not talking over you. It sounds like you are the one getting upset. I just have a few questions. What number have you been calling, why haven't I received anything in writing and what is your license number to practice in my state? etc etc so then he starts getting mad and talking over me. Saying he will not lose his professionalism because I'm being rude. I asked could I give him a different email. He said he will not email me anything else this call is being recorded, I'm the one who will have to see the judge, not him. It actually became humorous to me. It was like he was having a conversation with someone else cause I was totally calm, collected and not arguing. He even said he wouldn't answer any of my questions until i stopped talking over him and listened. I said "ok, i'm listening" *pause* He said "what are your questions?" LMBO!!! I still have not received any email from them. Not once in the course of asking why nothing was mailed did he ask for my address or confirm my address. (I have not given them my current address anyway) This particular guy has a voice mail message when you call him back. The first lady does not...it just says the person you are calling is not available. So I feel like this is really a scam. They sounded very professional and proper at first but there are just too many odd things that don't make sense. So...to anyone out there who receives a call from Patrick Connor and Associates, i think it's a scam and they will try to passively intimidate you. They don't make the threats like "you're going to jail, we know where you work" etc etc. They leave messages saying "you or your attorney needs to call us back and if you choose not to we will proceed with filing suit in your jurisdiction. Good luck to you" They even had a case number...which is very strange considering nothing has been filed in court yet, isn't it? Thanks everyone for your research and input. If I find out anything else I will update.

Ok Thanks for the info. I also saw the Patrick Connor in Texas but it was Patrick O'Connor. The number they are calling me from is in New york. 716-514-4883 or 716-514-4580. All the reverse listings I do don't list the name, just that the number is out of New York. I saw a lot of stuff online about the scam but these people do not have accents so I don't know if they have just gotten better at impersonating attorneys or if it's legit. They do end every conversation or message with "Good luck to you" lol. I'm going to call them and check their credentials.

Here is a rundown.. i am in Kansas. Payday loan in June 2009 Bank account has been closed for 3 years Moved to another town in Kansas 3 years ago Different phone number now than I had when I took out the loan Original amount of loan $500 Taken out at a store front, so it was legit. (I believe it is Check N Go) Got a voice mail from an attorney today. I called them back.They say they are from Patrick Connor and Assoc. Did not say the "this is an attempt to collect a debt" etc so I think they are a real attorney. Googled the name and phone number and searched the boards and found nothing. They gave the correct address that I lived at 3 yrs ago and had the name of one of my references and the person who verified my employment (all info that I doubt a CA would have) I did not give them any info or admit to the loan being mine over the phone. Told them this is the first I'm hearing about this litigation. They said they sent correspondence to my old address on june 22, 2012 and since it was not returned by the postal service they assume I received it. I have not lived there for 3 yrs and mail is only forwarded for 6 months when you move. Unless the new resident marks return to sender then no it would not be returned. ( I lived there for 4 years and the mailman always delivered the mail for the tenant before me, duh) They said they are retained for 30 days to offer me a settlement and then they send it back to the loan company to go to the courts and file suit. The 30 days are up on July 22. Today is July 18. Nice. They said they would email me the settlement offers (either pay the whole $500 or pay $650 in three installments and either way they have to receive a payment this month) I gave them my email address and requested they send the settlement offer and copies of any other correspondence they had previously sent as I have not received anything. They left another message saying it had been emailed. I have checked my email and my junk mail and have received nothing. I am not in a position financially to pay anything on this debt this month. And I'm really in no position to have the debt doubled and a judgement on my credit. SOL for written contracts in KS is 5yrs and promissory notes is 6yrs so they are within SOL no matter how you categorize payday loans. My questions are this...Are they required to send correspondence CM? How did they get my new phone number to call me at the end of the 30 days but didn't have the correct address at the beginning of the 30 days to mail me the notice? Are either of those points viable in court? I did not give them my current address (they didn't ask) so if they do send a summons will it go to the old address? And if so is it not valid if I am not served personally? What should I do? Should I ignore them and wait to see if they sue? I will most likely lose because I did take out this loan and it sounds as if they have every intention of filing suit. Unless there is a loop hole in their procedure (which I doubt. They sounded very rehearsed like they do this a lot) Should I contact the payday loan place and set up arrangements with them? I'm thinking this may be a better move for me financially as maybe they will lengthen and lower the payments if I am taking the initiative to pay them ?? I've searched all over the boards and found some good info on payday loans, but most of it refers to the online ones which are often illegal. This one is a store front loan. I know they are not going to sit on this another 2 or 3 yrs til SOL expires so I will have to re-pay it before then. I'm self employed so they can't garnish my wages but they can take other measures and I'm trying to fix my credit report so a judgement would be a huge step backwards. I can set up payment arrangements but they will be very low and it seems this attorney is not going to accept that. I'm thinking to call check n go and see where i can get with them to hold off a lawsuit. Suggestions or info please!! I only have a couple of days to figure this out.

I have not started the medical disputes.