Opus_64

Hi All- I have a collection from 10/2016 showing up on my EXP and TRANS CR's from Eos CCa as of "Date Assigned: 02/2018. This is the 2nd CA to own the collection. The 1st CA (Nat. Recovery Agency) never reported to the CRA's, but I have docs showing the 1st attempt at collection from 10/2016. A couple of things: Is this considered re-aging? Also, the reporting is missing information: (Here is everything being reported) <BEGIN> Collection agency: Eos Cca Original Balance: $250.00 Current Balance: $250.00 Date Assigned: Feb 5, 2018 Original Lender: Light & Power <- Not actual OC Account number: xxxxxxxxxx <- This is the actual number being reported Account holder: Individual Account Description: Placed for collection <END> This collection does not include any account number, a DOFD, a 1st Reported Date, Date Opened, etc... How should I dispute this account? Should I Dispute via CRA's as "Can't ID the account based on info reported"? Not mine?, etc.... Thanks! Opus_64

BK-13 lien stripping - in some states is automatic - what state did you file in http://www.nolo.com/legal-encyclopedia/lien-stripping-chapter-13-bankruptcy.html Interesting that you assume I filed a BK, why? State is RI You said it was discharged in 2010. To be discharged your filed BK. If you didn't file BK you may want to update the term you use. Correct, I "mis-wrote", should have wrote "charged-off" instead of "discharged", there is a significant difference in terms. Thanks for pointing this out. Yeah - HUGE difference. Well, not really that HUGE, in the sense there's no action here, just an incorrect term that changes the strategy or suggestions being offered. It's not like I used the term "discharged" on this forum and found myself committed to a BK, right?

BK-13 lien stripping - in some states is automatic - what state did you file in http://www.nolo.com/legal-encyclopedia/lien-stripping-chapter-13-bankruptcy.html Interesting that you assume I filed a BK, why? State is RI You said it was discharged in 2010. To be discharged your filed BK. If you didn't file BK you may want to update the term you use. Correct, I "mis-wrote", should have wrote "charged-off" instead of "discharged", there is a significant difference in terms. Thanks for pointing this out.

My thread has been hijacked by the documentary "Queen of Versailles"

BK-13 lien stripping - in some states is automatic - what state did you file in http://www.nolo.com/legal-encyclopedia/lien-stripping-chapter-13-bankruptcy.html Interesting that you assume I filed a BK, why? State is RI

Oh boy, here we go...... So this is a 2nd mortgage lien that was discharged in 2010 and sold twice since then. So, I call said debt collector and asked for settlement dept. I know I ended up at the collections dept. because they're asking me for all my financial information. I advised them that giving them my financial info. would be akin to prejudgment discovery and I would never do that. I then asked them to prove that they owned the debt and they gave me a fax # to send over a request for this info. I sent the request and 2 weeks later I received a letter in the mail basically stating that I owe X amount and it is long past due. The letter had 1 other bit of info in it that said "see the attached Promissory Note & Mortgage [Lien]". There was no other document attached to the letter. Did they just forget to attach it, I don't think so. I have made several calls to them asking for a settlement negotiation and they are unwilling to negotiate. I don't understand why? I was offering over $10k in lieu of a Lien Release on the property. I want to sell the property, but a lien is showing up on my title. Even worse, the lien on the title does not reflect this debt collector. Lien shows MERS/HSBC. The loan was sold to HSBC, where I kept up payments for 7 years. Then after default, HSBC sold it, and over the years it was sold again, without any contact or payments from me.

Can't link to that pdf from the above. The below link will open the pdf document. Thanks for posting. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwir29rig__SAhWBfCYKHfq5Bl4QFggcMAA&url=https%3A%2F%2Fwww.ftc.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2Freports%2Fstructure-and-practices-debt-buying-industry%2Fdebtbuyingreport.pdf&usg=AFQjCNF6GF7pTz2iP_MZAUHNigk6nR8r0Q&sig2=OtMN-fmkbOy0qMdet_2VSg

Hi All- In negotiating with a debt buyer who purchased the debt 3rd hand, do we as consumers have a right to know what said debt collector paid for this, most likely, bundled debt? Maybe the question is, do bundled debt collector know what they paid for an individual debt? The goal of these questions is to use that information in the negotiation of a settlement. Thanks, Opus

Hi Folks, I am in a very similar situation with the original 7 year old 2nd mortgage that was charged off in 2009, and was sold 3 times after original default. I have not made a single payment in 6 years to the original creditor so I assume that the company who purchased the discharged bad debt paid pennies on the dollar for this debt. Why else would they buy this discharged debt other than knowing they have negotiating power with the lien on the property. So, I called the company about the debt, they are willing to settle this debt, but they want all the usual personal data that would be required if I were applying for a mortgage. ie... Tax returns, payslips, bank accounts, monthly budget, hardship letter, where the pay-off money is coming from, etc. 1st off, I would never give any debt collector my personal information, good or bad. This could never work in your favor. They claim they can't make a decision until after I submit all this personal financial data. That's bunk too. They are in the business of collecting money for a debt, not mining my personal financial information. : I will request the original signed loan documents. I will request that they show proof they they actually purchased the debt. Questions I have are: What did they pay for this bad debt, and do they, by law, have to provide this info on request? Is that called discovery, like all the information they're requesting? Are they required to show proof that they purchased the debt? More to follow on the next phase Settlement reached/not reached], If a settlement is reached, what does the Settlement contract look like? I will put the settlement contract through my attorney when that day comes. If a settlement can't be reached, what are my options? And no, settlement in full payment of the old debt is not an option! Thanks for listening! Opus_64

Were you or your tenant served? If so did you reply or show up at small claims? Most utility related cases are heard in small claims with no judges involved. You could get it vacated but you will likely owe the original balance plus interest. If they're threatening liens or levies they just might do it. I was the owner of the property and oil was included in the rentals. Yes, I was served and did not respond. I have a 50/50 partner on the purchase of the property but he was not included in the law suit because I setup the oil deliveries. This case went before a judicial court with a judge as a civil matter. I'm just wondering if the insolvency is of any benefit to me with respect to getting this judgment vacated. If so, how do I go about proving that without responding to a 1099-C on 2010 - 20?? tax returns? I assume I can call the attorney and work out a settlement payment so that they don't proceed to liens or levies. Thanks!

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Hi All, I am/was insolvent at the time a local heating oil company got a default judgment against me for an oil delivery at a rental property that is now in foreclosure. The original debt was $1,136.00 and has now ballooned to $3,300.00, with their legal fees, and they are threatening to get a lien on my primary residence and possibly attach my financial accounts. I've posted here on CreditBoards in the past about filing BK, and so far I have avoided it! Whew!!! I've discovered that claiming insolvency is going to be my saving grace. I have a lot of CC debt to work out, but most of the OC's are accepting pennies on the $$$. So again, is there an avenue to get a judgment vacated if I'm insolvent at the time of the judgment? How can I prove this going forward?

Thanks for the info, here is the link to that thread, which is posted under Foreclosure/Loan Modifications http://creditboards.com/forums/index.php?s...ficial++tax+2nd

The links above, in Doug's post, have nothing to do with what I'm asking about. I'm going to consult with an attorney before contacting them. The mailing I received should be legal binding offer of settlement in full. I'm just concerned about the phrase "...qualifying accounts" in the 1st paragraph of the letter. I'm sure HSBC would be able to tell me what it means, as soon as I call them, but I want to make them commit to this offer in my one and only phone correspondence with them.

http://householdwatch.com/news/interactive/821 http://www.consumeraffairs.com/finance/hsbc_mortgage.html Doug Yes, I do know that "old saying..." and that's why it's in the very 1st line of this thread. Thanks for the links.