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BinaryMan

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  1. TU online dispute I found at: https://onlinedispute.transunion.com/disputewizard/Personal/DisputeOnlineWizard.jsp Looks like all personal fields were available to dispute in the personal info section. Then you come to the trade lines dispute (step 8 of 10). The dispute page online for TU had these data entry fields for trade line disputes: Company Name [text box] Account Number [text box] Reason for Dispute [radio button list] * This is not my account * I have never paid late * This account is in bankruptcy * This account is closed * I have paid this account in full * I paid this before it went to collection or before it was charged off *Other: [text box] (100 characters remain) Based on reading the Jack Attack thread for a couple hours, it would seem that one would want to use "Other" and a specific complaint with a numeric value is the way to go as it is difficult to automatically verify. Attacking a specific missing field can work too. One easy reason for the dispute that is specific enough followed by the desired action: please correct or delete this item. Some examples I saw: - The Balance of $4204.25 is not correct. Please correct or remove this. - The Account Type is incorrect. This Account is not a Factoring account; Please remove this. - The fall off date should be 9/2008, not 9/2010. Please correct or remove this. - It is impossible to be 30 days late on 3/2006 and 2/2006, while 60 days late in 4/2006. Please correct or remove. - There was no recent payment of $500 made in 01/2008. Please correct or remove. - Status shows $5043 written off, but 180 days late and balance of $5085 on 10/2006. Please correct or remove. Basically, with the online format you can quickly pick apart a trade line using something specific enough to require actual effort to verify (which seems to get more results based on the accounts that I read in the thread). Making a list of all such "field errors" and then disputing them one at a time may increase the chances of one of them causing a delete of the trade line or at least a field update. Due to the character limit in the "Other" text box, one would have to keep it short and sweet - but this is exactly what several people had stated worked best for them. If each attack on a field's validity is performed, like a roll of the dice, eventually one should be able to remove trade lines this way. Has anyone had luck with the online method?
  2. Nevada. It does in fact say "promissory note", but from what I have read the courts may still interpret it as a written contract in many cases. In any case the 6 years is up and is the higher value - both for NV SOL for written and also for the state which the contract says is the governing jurisdiction (Utah I believe) even though it was most likely to be an NV court which would be involved and thus the NV SOL was most relevant. What I did was just screen and block all collector numbers over the years and I have never spoken to them; this keeps me in the automated call loop and so they never moved me into the "can't resolve will sue" pile - they simply had no information available. That is the beauty of lazy automated collection policies. I did a lot of research and found a BK was pointless against this loan type. I wish I knew their internal write-off policies so I could guesstimate when or if they would send me the 1099-C, but I guess if they wait another 5-10 years I could make a good case that it's untimely to the IRS. I'm still going to have the federal loans for at least 10 years before PSLF kicks in and I get THAT 1099-C. I found a local lawyer who used to work in special trials for the IRS so he can probably advise me on the tax situation which is really what matters when it comes to randomly getting a large 1099-C. Ironically, the IRS will work with people more than Navient/Sallie Mae will.
  3. Sallie Mae tuition answer loans (not related to a federal program - just regular unsecured debt) - DOFD in Oct/Nov 2010 (depending on which credit agency I'm looking at) and SOL has passed - finally merry x-mas to me! Despite the fact that it's uncollectable now, I still want to resolve the issue by getting a 1099-C from them. They keep reporting higher amounts each year and it's up to 150k now, and I have enough federal loans in good standing to cancel this out by filing a form 982 (insolvency), but not if they keep compounding it ad infinitum - there has to be a reasonable limit to this. https://www.irs.gov/pub/irs-pdf/i1099ac.pdf-- "When Is a Debt Canceled" section describes an "event" that shall legally trigger a 1099-C. (#3) describes being sued and raising the affirmative defense of the SOL, so one option is to bait them into suing me, but if they haven't done so far I'm not sure they ever will. (#7) is based on their internal policies on when to stop collection (never?), although if I inform their currently contractor collector that the debt is unenforceable, they will probably just switch to a different collector rather than stopping. https://getoutofdebt.org/43711/how-to-deal-with-a-new-1099-c-issued-on-old-debt-using-little-known-irs-form-4598#comment-108506-- I found one posting online that states: "The law is clear that Jan 31 following the FIRST identifiable event occurs the creditor MUST file a 1099C. NOTE THAT THE WORD IS IMPERATIVE. Failing to file at the first identifiable event includes the packaging for sale of an unpaid debt, or Jan 31 following 3 years of nonpayment or charge off by the creditor, or ceasing to attempt collection (this includes failure to send billing on a regular basis and failure to file suit, it by definition must be no later than the statutory date to file a suit for recovery in a given state). If any of these have taken place then the creditor MUST send the 1099C the following Jan 31 by law. Sending it any other time is fraud by definition." However, http://www.creditcards.com/credit-card-news/1099-c-tax-form-questions-answers-1282.phpstates: Code H, for "expiration of nonpayment testing period." That's the one creditors use if you haven't made a payment on a debt in the last three years, and they haven't made a significant effort to collect in the past year. Q: Why am I getting a 1099-C for old debt? Unfortunately, creditors have a lot of wiggle room about when to report canceled income to the IRS. Statutes of limitations vary by state and by type of debt, but creditors are not required to file a 1099-C at that time since they can continue to try to collect on a debt indefinitely. Consumer advocates argue that under IRS guidelines, creditors should send a 1099-C three years after there has been no activity on the debt, but they acknowledge the rules are unclear. And plenty of taxpayers have been getting 1099-Cs for debt that's many years -- or even decades -- old. If that's not the case, you will need to include the 1099-C on your tax return. A tax professional can then help you evaluate your options. You can either try to explain to the IRS why it should have been filed a long time ago and make that case as part of your tax return. Or it may be easier to simply use one of the exemptions to avoid paying on the amount. So should I just tell the collector not to contact me in any form so they have no choice but to sue (they will fail) or give up ? Can they really sit on it forever ?
  4. During strategic default in 2010, credit card shows OCT 2010, late 30 and to another agency NOV 2010, late 30 for same trade line. Private loan shows: OCT 2010, late 60 (previous month showed OK and not 30 as expected for some reason). All payments were stopped at the same time so the exact month DOFD is unclear. Credit card was sold to collectors who have given up after failing to serve me at my apartment because they didn't put an apartment number - even though the dunning letter was sent to my apartment number so they had it on file (salamanders). The one I am now dealing with is the private loan; I worry because with double digit interest it has bloated to six figures. It was entered into in California, the promissory note states that it wants Utah to be the venue (most judges would not), and I now live in Nevada. It's not clear if Nevada courts would "borrow" the shorter 4 year SOL from CA, but to be safe I have assumed a 6 yr SOL (it happens to also be Utah's SOL for written contracts). Now, obviously and clearly the SOL should be up by the end of the year. I haven't figured out why some people say to add half a year - in what cases and why? Anyway, the entire time I've only gotten calls to my cell (ignore all, block, easy) and letters (harmless) to my current address on file in credit report (a post box out of state so I can keep tabs on their activity towards me). This current collector, however, is annoying me. A "location services company", they've called people that don't even have my last name from my wife's side that are not on ANY of my loans or records. Now, it's embarrassing (that's the point), but calling once to "attempt to locate", fine I guess under the FDCPA. Unfortunately, my sister made the mistake of saying she had my email so they keep calling her over and over - which is NOT OK since she has said that she can't get in touch with me and doesn't wish to be called anymore. I would like to go on the offensive with a lawyer, but I also don't want to reveal my position or trigger them to move me from "auto-dialer" to "can we sue?" status before the SOL is up. I am 99% that since the OC keeps reporting the trade line it was not sold, so there is a risk of them having access to original records (even though most collectors are incompetent when suing). This particular collector is on the other side of the country and it's hard to take them seriously when they can find a bunch of relatives to harass but can't find ME, considering I am a public employee. I don't think they will locate me, but I am concerned they might try to file for a default judgement in California serving me "by newspaper announcement" which of course who would even realize they are being sued in another state? It's most certainly past SOL in that state, but then I am afraid they will either domesticate a judgement to Nevada, or realize they have the wrong venue, and then somehow attack me beyond the SOL. If I could be sure I was past SOL, then I could have them "contact my attorney" and then there could be no sneak attacks (and indeed, I probably sue them for harassing other people once I am safe). What is the strategy here and what is the date on which I am absolutely safe from them winning a direct suit in Nevada on the basis of the SOL defense ?
  5. DOFD on a few personal loans 3.5 years ago. Lender did not even report it on credit until a year later when I did a quick mortgage check to see where I was at (cause the score is a bit different for those) and also to see if 'they come out of the woodwork' and after that the lender started to report/update monthly. It's long since been charged off and they stopped making collection calls. I moved to a state with a 6 year SOL (and also the lender's state is 6, so I will assume 6 for safety even if I moved back to CA where it's 4). Due to several years of fraud around x-mas time, I have everything credit frozen (they don't allow freezing where I live now unfortunately so I don't want to remove that). I would like to buy a house, but I can't use my income without using my credit, and I am afraid that even a check could set them off "oh now you have money - we sue you" since I've noticed that people are responding to any changes on my report in the past (collectors start to call - even if new account applications were all fraudulent!). Currently my report looks like I'm self-employed/unemployed and I think 'playing dead' is the only reason I've been able to avoid them. Should I just wait the 7 years for it to drop off the report (and out of SOL) ?
  6. So far it has worked well for me. If you have a smart phone that can toggle a number to go straight to voicemail, then set voicemail for google voice (Android can), most automated machines won't leave anything and if they do you've got it recorded automatically and you get an email notification but you don't have to go clear a regular voice queue all the time. Investment Retrievers is quite annoying with their frequency of calls otherwise but they seem to have it programmed not to auto-dial more than once a day and every lawyer I talked to says it's unlikely that I could win on the basis of $1000 fine per call to my mobile (there is over 100 I'm sure), but it's a good counter-suit to get them to back off if they ever drag me into court, just annoy them to death I doubt they would even pay to serve me for a $5000 CC or they would have already as a first-run CA. CACH LLC finally sold off their account and removed it from my report, looks like they have a rule if it's over 2 years they don't want it. Goes to some no-name east coast firm who isn't very aggressive. I'm about halfway to SOL on all accounts and I noticed if you do nothing, never answer a call or respond in any way, they just keep auto-dialing then eventually sell the account. They don't even put a real person in there to call after the first few times. They don't send any more letters. You just get thrown into a low priority queue because they don't know if you skipped town or what. It's annoying - unless you setup your smart phone to throw all their numbers into the void (and record it). I think if you actually answer your status gets switched up, so don't do it. Screen all calls from unknown numbers and let Time heal all credit wounds.
  7. None of them actually sued me, it all appears to be empty threats. I heard somewhere they want to confirm your address before expending energy on the suit on a local lawyer. All of their messages are already being recorded in my email, and my phone doesn't ring, all known numbers just go straight to VM. I found the CRA's are tricky -- to remove information, you have to PROVIDE all your information. For this reason, I am reluctant to do any updates lest it allow the collectors to confirm my location. Luckily, my employer still appears as "Owner" (self/business) and I think this protects me a bit from them thinking I have any money.
  8. OK back on track... State = CA. It's in SOL as far as the OC's DOFD reported to credit, about 2 years now on all defaulted accounts but CA requires 4.5 years (4 years but I guess add 180 days for safety before going aggressive? not entirely clear on that). They haven't sued I think because I've never confirmed my existence at any telephone or address, and they don't seem to have any evidence of the account; I think that keeps you in the "keep trying to contact and get a payment" pile. That's why I'm afraid to send any letters to them (which may push them to sue). It's CACH LLC for one account that has been very passive and Investment Retrievers (and sometimes a law firm from the same address which I think is in-house) which is the one being an annoyance. The fraud is always done at a previous address of mine; I hope the fraud alert + freeze will make it harder for it to happen again but I am in any case monitoring it regularly. Perhaps, it is just the JDB responding to the fraud inquiry with one of their own and then rotating the account again. That makes it doubly annoying when a fraud inquiry happens. What I don't want is for these activities to trigger the so far silent holder of large defaulted private loans to come after me; I just want to ride this all out until SOL, to the point of relocating and not giving my new address to any organization (just have family get DMV mail and stuff). It's not possible to hide right now as my current address is on the credit report. Of course, this situation also prevents me from getting a house in my name (I'm sure the large loan holder could try to put a lien at that point), and possibly my wife's name. Very tempted to move + change phone and make it more difficult for them to serve me, but that might not do any good as it's difficult to hide myself AND my wife. The accounts with the JDB are small fries in comparison with the larger loans, and bankruptcy is not really a viable option for me. Every lawyer I've talked to says sit tight and do nothing, don't contact any of them and don't get any new credit.
  9. He said several variations that are scripted, but one time I think he botched it by getting too close: "you should receive the the letter today from the law office of Jeffrey <something> in the *intent* to file suit". Of course, I've only ever received letters about the fact that "should our client INSTRUCT us to file suit", etc boilerplate. They are back to calling daily and hanging up or at least not saying anything in the voice message, Voicemail from: (916) 941-8851 at 9:33 AM / Voicemail from: (916) 941-8851 at 9:34 AM -- OOPS they called twice in a row on the same day (violation) and its recorded in google voice. Tired of these people but not sure if any judges really know the FDCPA well enough to make a case stick or if any attorney would take it.
  10. One account was sold to Investment Retrievers, as was indicated by the OC reporting 0 balance and the status "charged off / sold to another party" on credit report. This was about 2 years ago. The other account to CACH LLC which has been mostly silent. So I guess these are all JDB by your definition. They may be transferring it internally to a so-called law firm so they can resend dunning letters, although I don't know what the point is. Their procedure is to auto-dial for months, then they will pretend like they are going to sue and actually leave voicemails for a couple weeks. Finally, a woman calls about docket or case number so and so to try to scare you into thinking a court is calling. This means you are at the end of their "cycle". Around this time mysterious inquiries and attempts to open accounts appear after they perform another check on my credit. The cycle starts over with another entity (or department?) with automated calls. I record all voicemail in google voice so I can countersue later about their violations of calling my cell phone (don't know if it will do any good). The point though, is that they pull my information (hard pulls every time) and I've had to block attempts at bill me later, paypal theft from my bank account, and payday loans (somehow they got my previous employer's name to put on there). They seem highly motivated to pull a scam on me, but I can't find the evidence to link them to the crimes. There is no point in settling either as they would possibly just sell the remainder off anyway, so I have to wait for SOL then attack them heavily to remove all the crap off my report and stop bothering me. They have presented no evidence that the accounts are mine either.
  11. No... So I guess my options are limited ? They've resold all of them at least once and it's been over 2 years since DOFD.
  12. I find this... disturbing. Every time a collector gives up on calling, they pull the "expect mail from so and so about intent to sue" but of course they just resell it to another so-called law firm. At this time, a bill me later inquiry hits (fraud, I never open new accounts). EXACT thing happened about a year ago around "sell off/give up" period for a collector's account, except about 3-4 attempts. I don't believe it is coincidence, but the police are not willing to do anything about it (petty white collar crime). So collectors don't bother to sue anymore - they steal. There appears to be no way to trace it. I have to run lifelock and USAA daily pulls / monitoring just to keep these crooks at bay and detect this stuff. I put a credit freeze and a fraud alert. Is there anyway to stop this type of thing from collectors ??
  13. No, about halfway to SOL. Couple years left based on credit report. Should I avoid even giving them my address (which they could serve me with) and use a UPS Box instead in a different county ?
  14. Investment Retrievers calls and leaves voice message for last 2 days (unusual after auto-dialing and no voicemail for 2 years). They say something to the effect of " the law offices of Jerry Frederick submitted correspondence related to the intent to file suit " (notice how indirect that is; they only ever sent their generic form mails). Of course the rep says how he can resolve this, he is the voice of reason, and wants a payment plan or lump sum (desperate, no?). The question is it likely after 2 years they are going to sell the account or go for a default judgement ? They've inflated the amount 20% and I doubt they even know how they arrived at what they state since it keeps changing. I doubt they have anything to make a case either since most CC accounts are removed from the OC after 2 years (or so I hear); in this case not reported after DOFD + 120 days, meaning the OC sold it and wants nothing to do with it. I was considering sending mail from my address in another state to trip up their process (misdirect from my current address since I've never responded to verify they have the right one, meaning they then will think they can't serve me?). It does seem that any time there is a new credit event, they call for some weeks then sent a form mail or perhaps *this* is one of their tactics they do before the account goes idle / gets sold. To get them to move on and resell the account (since I'll slap 30-50 phone violations on them as a counter suit if they DO sue), should I just request validation of the debt ?
  15. Integrity Finance Partners (KS) leaves a voice mail indicating they are looking for <some name> if you are not <some name> hang up (which is not possible on a voice mail). It indicates they are trying to collect a debt. Now, since they have no idea who owns the phone number now, isn't this a violation since you are telling a 3rd party about <someone's> debt ? Also, I have never received a dunning letter or anything from these folks about anything, so isn't it a violation to start auto-dialing and trying to collect a debt ?

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