motoguy

I haven entry on my CR from Convergent Outsourcing. I believe this is a collection attempt for a charged-off "early termination fee" from Sprint, circa '08. The report entry reads as follows: Experian: Acct Type-collection department / agency / attorney. Balance $334, date opened 1/1/2012, account status- closed Equifax: Acct Type- collection account. Balance $334, date opened 1/1/2012, Account status - closed TU: Acct Type- collection account. Balance $334. Date opened 1/7/2012, account status - open. I'm curious how an early termination fee is handled in MO. This would be a "contract", with a statute of limitations of 10 years, correct? Should this be handled like a CC debt, starting off with a DV, send a dispute to the CRA's, etc? Are there any particular "nuances" fo dealing with Convergent Outsourcing, that would be helpful to know?

I've got a Midland Funding account that I want to clear from my credit report. The report is as follows: Experian: Account type- Debt purchase, no balance listed, opened 4/1/2009, acct status - closed, "account in dispute, reported by subscriber" Equifax: Account type -Open account, $10,462, opened 4/1/2009, acct status - closed, collection account TU: Account type - collection account, $10,462, opened 4/28/2009, acct status - open, "account information disputed by consumer" I know I DV'd some accounts a couple of years ago (I know), and didn't press further. Based on the "disputed" comments, I'm guessing I've already DV'd this account. I still have my DV letters filed at home, so I can check after work. This is an HSBC credit card writeoff. I'll have to get my records at home, but this card would have been closed / last payments made in '05, or possibly '06. There will have been no activity past that time. I suspect this card was opened while I lived in MO. It's my understanding MO has a 5-year statute of limitation. It's possible it was opened while I lived in CA. It's my understanding that CA has a 4 year SOL. I have recieved no attorney letters that I'm aware of, just the "here's your offer to settle and save 70% off" letters from Midland. I need to confirm DV information, and make sure it's been sent. After that, though, this should be past the SOL on the accounts, correct? Again, no activity of any sort on the cards since (most likely) '05, and for sure '06. Wouldn't this be eligible for FOAD letters at this time? Point of note: Back in 08/09, I hired a credit attorney to fight Midland on another account. I forget the details, but it was in the $6-$10k range. They "settled" by dropping the case, judgement in my favor, dispute removed from my credit record. Not sure how that information may come into play with this situation.

I've got 2 Asset Acceptance accounts that I want to clear from my credit report. The first reports as follows: Experian: Account type- Debt purchase, $1,369, opened 6/1/2009, acct status - "closed, account disputed by subscriber" Equifax: Account type -Open account, $1,369, opened 6/1/2009, acct status - status, collection account TU: Account type - collection account, $1,369, opened 6/23/2009, acct status - open, "accoutn information disputed by consumer" I know I DV'd some accounts a couple of years ago (I know), and didn't press further. Based on the "disputed" comments, I'm guessing I've already DV'd this account. I still have my DV letters filed at home, so I can check after work. 2nd account: Experian: Acct type- debt purchase, $5310, date opeend 2/1/2009, Acct Status - closed Equifax: Acct type- open account, $5310, Date opened 2/1/2009, Acct Status - closed TU: Acct type- Collection account, $5310, Date opened 2/27/2009, Acct Status - Open These are both credit card writeoffs. I'll have to get my records at home, but both of these cards would have been closed / last payments made in '05, or possibly '06. There will have been no activity past that time. I suspect these cards were opened while I lived in MO. It's my understanding MO has a 5-year statute of limitations. It's possible they were opened while I lived in CA. It's my understanding that CA has a 4 year SOL. I have recieved no attorney letters that I'm aware of, just the "here's your offer to settle and save 70% off" letters from AA. I need to confirm DV information for the first account. I may need to send a DV on the 2nd. After that, though, both of these should be past the SOL on the accounts, correct? Again, no activity of any sort on the cards since (most likely) '05, and for sure '06. Wouldn't both of these be eligible for FOAD letters at this time?

Follow HIPPAA procedure on this one?

We had a baby last year. We thought we had kept on top of all the medical billing, but apparently we missed something. Approximately $400 has been sent to NCO for collection from our hospital. My wife called the hospital last week (after she received a call from NCO, first we realized it hadn't been paid), trying to pay the bill. The hospital said they couldn't take the payment, it would have to go through NCO at this time. The hospital also said that as long as it was paid within 45 days, it would not show up on her credit report. We're just wanting to get this paid in the most timely manner possible, without it showing up on her (otherwise immaculate) credit report. We have not yet pulled her credit report to confirm it has (or has not) been reported. Hospital says it has not. Is this something that should be handled through he HIPPAA process as well? Even if it has not actually made it to the credit report?

So, MyFico will give you credit reports from the big 3, but only show scores for two of them. Is that correct? I'm looking for access to my credit information at this time, more than actual FICO numbers. The FICO numbers may gain significance to me, once I get the reports cleaned up.

Well, I didn't realize I'd set this aside so long ago. I've got a collection letter from the above agency, referencing the above account. The letter is dated 4-11-10, the envelope is dated 4-13-10, so I need to get this DV letter out -fast- to keep within the 1-2 punch window. I'm curious...would something simple like "I dispute this claim, and request validation of said claim" be enough to suffice for now? I want to get a letter in the mail ASAP, and I don't really think their 1st response is going to care what is stated in my letter. Quick 1-liner as above, or "kitchen sink" version...I think I'll get the same thing in the DV letter.

Well, I won't be paying the debt, and I'll still be "taking care" of the issue for a fraction of the old debt amount. I'll be paying the attorney to fight it, and based on previous experience (myself and others) this debt will go away. Truth be told, I'd rather get it dismissed with prejudice and a settlement (like the last one) than deal with all the letter writing anyway. That one fell swoop means I don't have to deal with the CA any more, it's removed from my credit record, and I don't have to worry about it popping back up. The irony of all of this, though, is that the house refi (which caused my initial foray into credit repair) went through several weeks ago. By the time I need to worry about credit items again, the SOL on all of these debts will have passed (late 2011).

Interesting note...upon checking court information online, I discovered that Asset Acceptance filed suit against me on 2-8-10. I have yet to be served, and I don't know if the suit is regarding this case (old Capital One debt of $700 or so), or another file they have (Chase charge-off for around $3700). I have received the above DV response to the Capitol One file, but have received no reply to my DV request for the Chase file. Both DV letters were received by their office on 1-8-10. I find it interesting that I have received nothing but letters from these folks for a year or more, however shortly after receiving my DV requests both Atlantic and Asset Acceptance file suit.

Agreed. Should my next letter request a complete statement of the account? Copy of signed agreement with the CA? Copy of assignment / sale paper from the OC guaranteeing the accuracy and completeness of the account information? Just kind of curious where to go from here.

I received a reply today from Asset Acceptance regarding 1 of the accounts they hold (I sent each DV letter in a separate envelope). This is their reply: I'm curious what I should request from them next. A full statement of account, from the time the account was opened? A copy of the signed contract? Letter from OC verifying the accuracy and completeness of the information (which I'm sure doesn't exist)? Thoughts?

Per the below thread: http://creditboards.com/forums/index.php?s...=0#entry4028911 I'm wondering if anyone here would know of / have a direction to point me to regarding a consumer rights advocate attorney, legal aid, or something similar. I'm being sued by a collection agency for an old debt. I know they cannot provide adequate documentation to support the validity of the debt. I successfully fought one of these last year (with an Attorney), but since then I've learned what a slam-dunk these things are to defend / settle / have dismissed. That doesn't, however, mean I'm completely comfortable standing in court to represent myself. Rather than pay another $750 for the Atty to file docs I already have in my possession (Request for Production of Documents, Interrogatories to Plaintiff, Request for Admissions, Affirmative Defenses, Counterclaim, etc), I was hoping to find some sort of Consumer Advocate Atty or legal aid that may assist in fighting this one myself. Any info you could pass along would be most appreciated.

Update here: http://creditboards.com/forums/index.php?showtopic=423830 Atlantic Credit and Finance filed suit on 1-11-2010, 6 days after receiving my DV letter. To this date, I have received no communication from them.

Asset Acceptance received their 2 DV letters on Jan 7. I have heard nothing from them in a long while. Today, I receive a letter in the mail from them. Instead of the typical "pay, or we'll ruin your life!" letter, this is a touchy feely "We understand people sometimes miss their obligations. Let us help to assuage your conscious, by giving you the opportunity to take care of your responsibilities. We understand. We care. Really." type of letter. Complete with brightly colored logo, picture of some guy staring into space contemplating the meaning of life, etc. I'm kind of flattered they spent the money to send the color document (obviously printed on their consumer photo-printer). Ignore? As my letters were not sent in a "timely" (within 30 days of original notice) manner, this does not constitute a violation, correct?

As mentioned above, I fought Midland Credit Management last year. They sued, I retained an attorney, we filed counter-suit, Midland stalled for a bit, then requested withdrawal of both suits, and settlement (we demanded, and received, prejudice in my favor on the case). I consider that a win, as my goal was to kill the debt / remove the TL, not necessarily cash out on violations. That being said, I have a file with the correspondence between my attorney and the CA. I have all KINDS of stuff listed in the Affirmative Defenses, Interrogatories, Request for Disclosure, etc. I am sure I would defeat the CA in court, with this information (it's exactly what was used by my attorney, and even he admitted they were cut and dry form documents he used in these cases). However, I would like to make this go away before court, for obvious reasons. What I don't know, is how much of this detailed legal info is pertinent, and applicable, pre-trial? Is there a way to disclose that "I do have the information to fight and win, you don't, so just go away"? I'd hate to send in a bunch of the demands (as demanded by my attorney), and realize that stuff is worthless pre-trial. Agreed. I risk very little, possibly get lucky and have them go away, or at the very least, start the process while buying myself time to learn more detailed methods, requirements and aspects. I didn't want to make demands that I am unsure of, or which may not be applicable. By simply holding them accountable to the FDCPA, it puts everything their shoulders, which I feel may also create violations that otherwise may not have occurred. Again, I'm certainly open to suggestions on the "path to success" that others may take, given my circumstances.