TroyM
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About TroyM
- Birthday 04/14/1970
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Texas
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Yep, they can be beaten. By that, I mean that they can be forced to see the wisdom of compliance with the relevant laws that apply to them. In most cases, they will fold rather than actually comply. If you are in Texas, be sure to check out the Texas Mother Thread. In my battle, I used Texas Law (TFC 392), BBB, ACA, and MI AG. The teeth is in Texas Law, but, I've read others having luck with just the BBB, ACA, and MI AG. My advice is to use all the assets (pun intended) at your disposal. Be professional but be tenacious. You must show that you understand more than just sending letters you found on the internet. You must show that you understand the laws which you allege they have broken and the remedies available to you. You may have to sue them. If you threaten it, make sure you mean it.
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I had that happen with a BOA Visa last year. I had the card for over 10 years and was never late or over limit.
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Please be sure to take the advice that Centex has offered and start over. We all make mistakes but we learn and move forward. I can attest to the effectiveness of the TFC when followed as Walter and Centex have outlined. Be sure that you invoke the TFC and not also the FCRA or FDCPA. You want to focus your dispute on only Texas laws in order to afford yourself the protections of Texas law. Secondly, you need to dispute something. Asking for validation is not a dispute. I'm certain there is something about their reporting that you believe is inaccurate. The TFC gives you the right to challenge those specific things that you believe to be inaccurate. This is what triggers the 30 day response mechanism for the data furnisher. I hope that helps you some. However, you really want to refer back to the mother thread and spend some quality time with the Texas Finance Code and the Texas Deceptive Trade Practices Act. It's the former that puts them on the hook and the latter that reals them in for the kill.
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Congrats! They generally stick pretty hard. Persistence really pays off with them.
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Congrats! That's a major victory.
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This is very similar to an experience I had with EX. We did a 3-way with the OC and had the DOFD updated to 3/2003 which should have dropped in March 2010. The EX rep said something very direct to me and I made a point to focus on it. She said that TL's can report for "UP TO" 7 years. I know that the laws are clear in that it can be 7.5 years. However, the important thing is that there is nothing that states the maximum reporting time has to be used. In my case, the TL was deleted that day rather than next month as it could have been.
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whoa, that's quite the saga. congrats on the deletion! newbs, take heed to how this went down. if Troy had been just a little more patient it would've fallen off normally. What number did you use to call experian and get a live person for disputes? I'm not sure. I got it from CCT which I have since cancelled. I think it was just the normal consumer number. There was a point during the automated system that it gave me the option to speak to a representative.
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whoa, that's quite the saga. congrats on the deletion! newbs, take heed to how this went down. if Troy had been just a little more patient it would've fallen off normally. Indeed, I did inadvertantly make matters worse by disputing the trade line. This is a very good lesson to point out. However, I was on a mortgage quest and took my chances. It worked out fine for me in that I was able to get the mortgage. However, it really could have gone the other way too.
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Congrats on the victory! You do have to be careful with your tactics (as you pointed out), but, all's fair in love and credit repair.
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Congrats! It really does feel good when you finally get someone to listen to reason.
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Asset Acceptance sent me 1099 for UN-validated debt
TroyM replied to scorebuilder's topic in Credit Forum
They sent me a 1099-C last week as well. Then, immediately followed it up with the "You received a 1099-C in error..." letter. I didn't have to send them anything. It looks like they are correcting the issue. Good luck to everyone that is receiving them. Hopefully, everyone gets the correction letter and avoids any IRS involvement. -
Congrats on the delete! +1 for calling the CRA and getting action. I had a very similar experience with Experian where they called the OC with me on the line. Same result...DELETE!
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As some seasoned CB Vet's once told me, credit repair is never finished. Just when you think you are done, you aren't. Short story, in Nov/09 I disputed an old account as obsolete with all 3 CRAs. As is typical, TU and EQ deleted right away. With EX, they updated the account. They changed the balance to $0 and appeared to close the account with notations that it was sold to another lender. So far, so good. However, they sabotoged the TL by adding a comment: Charge Off. This, of course, altered the drop by date from 2/2010 to 2/2013. Since it was at-least showing significant age, it wasn't hurting my FICO and my FHA underwriter didn't batt an eyelash at it. We sailed right through underwriting. So, I lost my desire to fight it. Until recently. I thought I'd flex my new 700+ FICOs and request a CLI from a LONG time Visa account. MISTAKE! Not only did they deny the CLI, they cancelled my account. When I called to inquire why I was cancelled (and not notified by the way), they cited the charge off that EX reported. I tried to dispute the account with EX but they denied stating previous investigation. In breaking with conventional (CB) wisdom, I decided to call EX and attempt to reason with them. Afterall, the TL stated I was 180 days past due in AUG/2003. Logic would dictate a DOFD of FEB/2003. Right? Wrong! I call EX and plead my case. I get the normal "the creditor already verified this information" spiel. I asked for the DOFD and she said it wasn't being provided by the creditor. I played my logic card regarding the 180 past due in AUG/2003 notation. To her, that meant the DOFD was AUG/2003. I went all Bill Cosby on her asking how my DOFD could also be 180 days past due. She continued to state the data was previously verified and I needed to contact the creditor directly. I restated my argument in a few different ways all trying to get her to understand that that I can't be First Delinquent on the same day that I'm 180 days past due. To my complete surprise, she say's "Hold, I'll call them". She gets the creditor on the line (an OC by the way). The rep states the DOFD exactly as I said it should be. Then, she goes on to ramble about the account never having been paid and that a charge off can stay on a report for 7 - 9 years from the date of charge off. I was all set to chime in but the (now sweet) lady from EX cut her off and said "Ma'am, it's 7 years from the 1st missed payment". I was smiling so wide! So, we get off of the phone with creditor. EX lady asks if there is anything else she can help me with. I start to tell her that the OC verified inaccurate information and demonstrated no comprehension of the reporting laws. She cut me off and asked me again if there was anything else she could help me with. I asked about the new drop off date since the DOFD would now be corrected. I started to state that it had to come off in 7 years. She stopped me and said (and clarified) "up to" 7 years. I took the cue from her and shut my mouth. I thanked her for her help and said goodbye. The account was deleted the next day by EX. YEAH!
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Congrats! That's a beautiful home. This site has been invaluable. I closed on my new home in January thanks to CB.
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OC - Walmart sold to Appld income sold to MCM , MCM is making me insane.
TroyM replied to ajujot's topic in Credit Forum
What MCM sent you is certainly nothing that I would accept as validation of debt. You can beat MCM if you are persistent. If you are in Texas, you have the TFC that gives you tie-in to the Texas Deceptive Trade Practices Act which will bend their will in your favor. If you are not in Texas, you may want to leverage the laws of CA (where MCM resides). Do a search on MCM and you'll find all the info. Be sure that you were specific in your validation request to MCM (tell them exactly what you dispute), file complaint with San Diego BBB, and file a complaint with ACA International. Good luck!