nekoashide
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I have only had to send out 3 like these and each time i got a signed letter from their attorney stating that they will cease collection activity, they wont sell the account and any information on my credit reports will be removed. Attn: General Counsel I'm attempting to settle a matter that has been ongoing since 00/00/0000 on that day “*****” began to report an account to Trans Union, Equifax and Experian. (Acct# 00000000) in the amount of $000.00 It wasn't until several months later that I noticed the account. As per Texas Financial Code section 392.202 I requested validation of this account via mail on a letter dated 00/00/0000 this letter was signed for 00/00/0000 by a *******. I have included copies of all letters and signed and dated green cards for your records. Please note that Texas unlike Federal Law has no time bar on requesting validation which must be provided within 30 days of a written request. On 00/00/0000 I received what ***** claim was “Verification” I had asked for much more. In fact what they had provided me was nothing more than what could be found on my own credit report. It did not include things such as the date of last activity, date that the account was charged off, a bill showing charges amounting to the 309.67 that is claimed I owe from the original creditor. On 00/00/0000 I sent another letter that was signed for and received on 00/00/0000 requesting proper validation on this account. Since the original letter I received from Portfolio Recovery Associates was improper validation I demanded that within 30 days they either delete the account as required under Texas law or prove that I owed the debt which could have easily been done by sending me a final bill from the original creditor ****. As of 00/00/0000 I have neither received validation of this account or any response what so ever from *****, In fact I have contacted the BBB on 00/00/0000 in an attempt to get this matter settled and as of 00/00/0000 the BBB is still waiting for a response from them. As of today your client has made several violation of Texas Law, Specifically they failed to properly validate this account they claim I owe in a timely fashion, they have failed to delete this account from the credit bureaus they subscribe to when they could not properly validate this account. They have continued collection activities by continuing to report this account. I am asking for this this account be deleted from all credit bureaus that this account is reporting to, that ******** not contact me again and they do not sell or otherwise transfer this account to anyone else. All I require is a signed letter from an authorized agent of the company stating the above and I will not pursue this case in a court of law. However if I do not hear from you or otherwise we cannot come to an agreement this notice as required by statute for violation of Chapter 17 of the Texas Deceptive Trade Practices Act of my intent to seek damages for mental anguish and distress in the amount of $1500.00, subject to a trebling as permitted by statute. This will be included in my pleading. Thank you for your time
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50% drop off the radar with the first letter. 50% more drop off with a letter like this. Re: *** Account # On your letter dated 00/00/0000 you sent me what you claim was validation to my account. At no time did you place the account as disputed on any 3 of my credit reports during the time of your “Investigation” as required by law. In fact you provided me with almost no information pertaining to validation of the debt. I asked for any documents bearing my signature, the date the account was allegedly opened and the date of first delinquency. None of which were included in the letter you sent me. I had also asked that you delete the account if you could not provide the information I asked for, and again you failed to properly read my first letter and respond to my request. Unless you can provide me with a signed contract or some other form bearing my signature, past bills as well as the date the account was first opened and the date of first delinquency from “***” within 30 days then I'll have no choice but to consider your claims frivolous. Also, Please understand that is is not up to me as the damaged 3rd party to build your records for you. Please do not request any “Additional” Information from me, You should have had everything you to substantiate your claims before contacting me and placing the account on my credit report. This is your last chance to properly validate the debt, Either you can place the account in dispute status with the 3 Credit Reporting Agencies like you should have done when you first received my letter and provide me with all the information I asked for within 30 days of receipt of this letter as seen from the signed return receipt, Or you can delete the account from all 3 credit reporting agencies, stop all contact with me and agree to destroy all information relating to the debt. Please understand I will not hesitate to hold you liable in court for damages incurred from this under State and Federal law.
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Upon looking over the letters i have used over the years they are pretty generic, each one diffrent in some way/form or fashion depending on the situation i was in at the time. Here is the first letter i use in one case. They tend to be quiet after that and i have the original letter that they send, green card and my letter to use in case i get contacted by another comapny. I'm leaving this one out there as a template for anyone to use but remember to modify it in your own way. Dear Sir/Madam: I have received your letter dated 00/00/0000 requesting payment for “Blank”. I am writing to inform you that as a resident of Texas, pursuant to the Texas Finance Code § 392.202 this letter is to serve as notification that I am demanding validation of this account. There are 2 accounts listed on the letter. Client Account Number: ERS Account Number: In your return correspondence please include all documents associated with this account. Specifically, but not limited to, any documents or other legal instruments bearing my signature, date the account was allegedly opened, and the date of first delinquency for said account. Please take note that this is not a request for you to validate my mailing address, personal information or account number. This is a demand for validation of the alleged debt you say I owe you, please include a billing statement showing all charges that you claim I owe from the original creditor. You are not to sell, transfer, assign, or share any information about me, or this alleged debt with anyone else. If you are unwilling or unable to follow the letter and spirit of the law I am advising you that I will seek damages under § 17.41 Deceptive Trade Practices-Consumer Protection Act. Nothing in this letter authorizes a “hard pull” or a “soft pull” of my credit information. There should be no basis for you to request additional information from me in the validation process. It is not incumbent upon me, as the injured party, to build your files for you, nor should I pay a penalty in the form of a reduced score for your attempts to reconstruct records, which you should already have possessed prior to making any claim. If such retrieval is discovered to have occurred, it will be evaluated for action as a non-permissible access of the report as well as retaliatory actions for the exercise of rights provided to the consumer under both state and federal law. This document is also to serve as notice that the only form of correspondence I am willing to receive from your business is through the United States Postal Service. Telephone calls to my home or place of employment are inconvenient. Please be cognizant of the fact that venue for any action will be in accordance with the provisions of the prevailing statutes of the State of Texas. There are no federal questions being raised in this matter and any attempt to remove an action to the United States Western District Court will be challenged. Damages will also be sought under the controlling provisions of the Business and Commerce Code, and I would remind you that those damages are subject under Texas law to a trebling upon a showing of gross negligence. I retain the right to use this correspondence and all following communications in any court proceedings arising in regards to this account. Thank you for your time.
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They have never said anything about the chargeoff below, The fact is i got approved about 4 years later and never paid anything on the old account. Infact i get Auto Loan pre approval letters all the time from them and i am in their automatic CLI program for paying on time. Some weird double standard? Capital One Bank Usa Na Status as of [?] Apr, 2009 Date opened [?] Feb, 2002 Date of last activity [?] Jun, 2005 Date paid out [?] Not Reported Date closed [?] Jan, 2006 Account number [?] XXXXXXXXXXXX Loan type [?] Credit Card Credit limit [?] $200 Largest past balance [?] $418 Terms [?] Not Reported Account Type [?] Revolving Account Account holder [?] Individual Account Scheduled payment amount [?] Not Reported Payment after charge off/collection Capital One Bank Usa Na Status as of [?] Aug, 2010 Date opened [?] Apr, 2010 Date of last activity [?] Aug, 2010 Date paid out [?] Not Reported Date closed [?] Not Reported Account number [?] XXXXXXXXXXXX Loan type [?] Credit Card Credit limit [?] $500 Largest past balance [?] $478 Terms [?] MIN Account Type [?] Revolving Account Account holder [?] Individual Account Scheduled payment amount [?] $15 Paid as agreed
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Capital One was the one i have been trying to get off for years. I finally gave up and re-applied with them again and got approved for a 500 cli and get pre-approval letters for auto loans all the time. The tradeline still reports as chargeoff/purchased by another lender with a 0 balance. When i got my last car approved through a credit union i told them i went through hard times and it was charged off and i payed the balance and they approved me for a new account. Which was not the case since i honestly never gave them a dime after the charge-off. Fyi it was charged off in 2005
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Santander is buying up all kinds of sub prime auto loan notes from anyone they can. I have gotten one call from them since my account was charged off and it was an offer to settle with no specified amount. I really don't think any amount of contacting them will have any effect since they are the oc. My thinking is that if it's charged off wait out the time since they don't seem to be selling debt but keeping it, when they contact you about it offer to settle for way less and ask for delete.
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Paid Off All Debit 10k worth Starting Score 574
nekoashide replied to Lindsay's topic in Credit Forum
Ok so Today4/26 My Home Depot reported 0 balance and score went to 577 It only had about 50% util though. Today 5/03 My Hooters shows paid off and it was at 85% util Score went to 583. Thought it would go more. I did the same thing and paid everything off about a year ago and saw very little change. However i opened 3 new accounts and after they all reported i gained around 30 points. Moral of the story is that you have a lot of open accounts, different types of accounts, low balances and good long history. Even with a recent charge off 6 months ago (Long Story) my scores only went down a little bit but every month it seems like i gain 10-15 points just off the history alone. However, the opposite was true 2 years ago when i just had a car loan and no credit cards and a bunch of charge off's and collections, but as they started to disappear i saw very little score change and was barely into the 550's when i got the last charge off gone. Wasn't until i opened a secured orchard card and started applying for other cards that i actually saw real movement over the last 2 years. And as unbelievable as it sounds the 4k charge off i had 6 months ago didn't bother Capital One (500) who i STILL show as being a charge off from 4 years ago on my credit report and Wal-Mart (500) that i got approved for last week. -
I'm trying my best to get it removed. The loan was for 19% intrest and i have calculated it out that they still made a profit on the loan even charged off but it's getting someone on the phone who actually know what they are doing is the problem. I keep getting passed around to people who cant seem to think for themself's other then "I'm going to transfer you to so and so who handles this type of problem" Which in turns get's me to someone else who does this thing.
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About 4 months ago i wrecked my car (2003 Ford Focus) The loan was through Roadloans, Who became Triad then Santander. Over the course of this i originally had GAP offered by Roadloans added onto the loan originally. Had being the opperable word, i lost all documentation pertaining with the GAP insurance and dealing with Santander they had all the documents neatly scanned with the exception of the information on the GAP insurance. They show I was paying an additional charge of $503 but could not say what it was for. Fast forward to today the loan was charged off to the tune of 4k. I have been banging the door down to get them to admit fault for loosing documentation and charging me for GAP insurance that i cannot file a claim for and i seem to have gotten a concession from them that they will not place the file for collection but they will keep it charged off. I bought a new car through a good dealership, with gap insurance and financed through a credit union at 6.75% before the chargeoff so i can wait out the years of having this bad mark on my credit report. But.. What effect will this chargeoff have in the future when i try to get a house or a car? Will it hurt less in 3 years if i have a perfect history of payments on the car and several credit cards? Or is it always gonna be a black mark that i will have to explain away for 7 years? If the auto forum was the right place for this please move it mods. I didnt think this question belonged there though.
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I canceled and have not been charged in 2 months and i can still pull daily TU but not the 3 monthly pulls...
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My car is a 2003 Ford Focus with 161k miles. It runs great and no complaints except that i still owe 6700 and i am paying 18% intrest. I have had perfect payment history for 42 months and $210 a month payments. I do not want to trade in this car since i drive for a living and it just keeps going and giving me 28mpg without fail. I am however looking at a 2009 or 2010 Ford Ranger for around 18k. My questions are as follows. Can i pay $2500 down on the loan for the focus, then use the $2500 Cash incentive to drop the Focus down to 1700 or less and have it rolled into the new loan that i would get for the Ford Ranger? I know that i was told i could trade it in and carry the negative equity over to a new Vehicle/Loan but i really wanna keep the Focus and only have one car payment with alot less interest since my credit is alot better then what it was when i got the focus. Has anyone been in a similar situation or could offer advice?
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I was just talking with a realator today and they suggested i should try apply with atleast one other mortgage broker just to get a better idea on fees and such and see if i can negotiate them down. She noted that they are charging me 1 extra point and a 812 "Bond reservation fee of $350" to use Texas down payment assistance program. otherwise she said it was a good deal. Is it common to shop lenders like that and how will it affect my approval in the future? Also, How long is a GFE good for? I emailed my loan officer but i'm not expecting an answer till Monday.
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I just got approved for 90k (That's all i asked for since i was looking for a first home, they said they could do up to 120k) and from reading the GFE it looks really good. My questions are. 1. How do i find a realtor? I'm in Dallas and i see alot of diffrent houses listed by diffrent realtors on realtor.com but i want someone who will work for me with my interest in mind. 2. The GFE was sent to me assuming seller paiys all closing cost.. How hard is it to get them to cover closing cost? This is though FHA and and i have the down payment but closing cost are a real killer. Is it common? I see alot of houses that have been on the market for over 100 days and i was hoping it could be used as motivation. You can prolly tell I'm new to this and i dont want to mess it up.
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Whats the general concensus on 2 daily pullers to beat EQ choppage? I have searched and read all kindsa opinions and I'm currently using CCT which is working on TU but not EQ yet.