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radtechdude

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  1. Hi All, I'm working on calculating all the damages a creditor owes me for claiming a deficiency on a repossession that they are not entitled to.They didn't send me the proper notices. I found this but I'm can't find a specific explanation on how to apply this law. "In addition to being barred from collecting the loan balance for failing to use the Georgia required 'right to a public auction' language, a creditor can be made to pay damages for violated the UCC. If a creditor violates the UCC notice requirements before or after the vehicle sale they can be made to pay you the total amount of the finance charge plus 10% of the principal. In addition, Georgia's UDAP (Unfair and Deceptive Acts & Practices) law will often bring in more damages, attorney fees, etc... And if your 60 years or older, or disabled, the UDAP law can add up to a $10,000 damage award per violation. You should never assume your repo notices are correct. They should be carefully reviewed for violations." Also I think this may apply. I found this in regard to a court case: The Bank violates Rees-Levering by failing to provide consumers with post-repossession notice that adequately informs them of their rights, see Civ. Code §2983.2, and by demanding that consumers make debt payments to which the Bank is not actually entitled. What does everyone think? Can I apply these laws?
  2. Hey all, First I want to thank everyone here for all your help and advice! I only have one more baddie on my report and I'm done! I'm working on a repossession. I am using Why Chats repossession letters. I have sent the first why chat letter, I sent the CRA followup letter and the OC has verified. Now I'm going to send a letter to the OC telling them how many violations they owe me. nLocker is the one that gave me the idea of sending this letter. Do you count all fields on the report? Like the date field, the account field, the deficiency balance, account status? Are each of those a violation? Also, on my Equifax report (after I disputed this account) the creditor they are reporting it as current for a few months and then they report it as charged off for a few months and then they report it as current for a few months. I think it is the creditor tactic to injure my credit score as much as possible to cause me to pay this off. They have not provided proof of the proper notices. All they sent was a payment record and a copy of the sales contract when I purchased the vehicle. So how many of the fields on each report can I claim a violation on?
  3. I am preparing my third letter in the series of whychat repo letters. Thanks nlocker for providing the 2nd and 3rd letter that you sent. I am trying to figure out how many violations from my report to put on my third letter. Do you count all fields on the report? Like the date field, the account field, the deficiency balance, account status? Also, on my Equifax report (after I disputed this account) the creditor they are reporting it as current for a few months and then they report it as charged off for a few months and then they report it as current for a few months. I think it is the creditor tactic to injure my credit score as much as possible to cause me to pay this off. They have not provided proof of the proper notices. All they sent was a payment record and a copy of the sales contract when I purchased the vehicle. So how many of the fields on each report can I claim a violation on?
  4. ICANHASMUNY, You are probably right! Sometime you just have to show them you are not going away! LOL
  5. UPDATE: Ok great news!! My mortgage company miraculously decided to delete the whole tradeline of my credit report! Thanks to all the help from this forum! You guys rock! It is definitely true that repairing your credit does not happen overnight. It took a few months but it happened. I'm not sure if it was the fact that during these few months I had filed complaints with CFPB, my state Attorney General, the FDIC, and the Federal Reserve? The reason they stated is that they finally realized that the account had already fallen off the other two credit bureaus. It doesn't really matter the reason, but the analyst on the phone told me that they were deleting it. I checked the next day and it was gone! I have one last bad account on my report! I sent them the second whychat letter today. This has been a educational experience.
  6. Ok here is an update. I filed a complaint on the mortgage company with CFPB. I have been dealing with the analysts for awhile. I finally got a payment record from them. My DOFD was back in March of 2007. But they have been reporting that I brought the account current August 2008. This August date is what is keeping this from falling off my report. After looking thru the payment record they sent I discovered that it is not a payment. It is when they totaled up a bunch of late fee's from the previous months. They say they waived those late fees because it was going thru short sale. They say that because they credited the late fees, it brought it current. I didn't bring it current. How can they claim this?
  7. nlocker, Thank you for all the information you have given us. It has really been a confidence booster to me. I have used WhyChat's repo letter and here is where I am at right now. I sent WhyChats first letter to the finance company ( I don't want to mention the finance companies name) about the reposession. I didn't get a response within the 14 days. So I sent Whychats followup letter to the credit bureaus on Friday. The deadline for the finance company to send me the proof was the 31st of April. 3 days ago I get two large legal envelopes from from the finance company. In the first envelope it contained a letter that says please find the information I requested. Here is what was inside: 1. A badly copied copy of the purchase contract from where I purchased the vehicle. 2. barely readable form that shows how motor vehicles are apportioned (not even sure what that form is, but you can hardly read it and no signatures or anything) 3. A copy of a notice to insurance agent that I signed when I purchased the vehicle, a copy of the credit 4. A copy of the credit application I filled out when I bought the car. 5. A copy of the Fair Credit Reporting Act. Not even signed. Not sure why that is there In the second envelope it had the same letter at the previous envelope and then a payment history from when I purchased the car until I stopped making payments. There are no documents about the repo or anything! Today I get a letter from the finance company that said they received my direct dispute and that they have verified that the information on my credit report is correct. However, they still have not provided copies of the legal notices. I have also confirmed that they CRA's are re-investigating this account. Seems like this is going as planned, correct?
  8. Progress!! I just checked Transunion and it has been completely deleted. No sign of the short sell account. So it looks like "someone" is taking me serious. However, now Experian has updated this account, with a 120 late and has left that 08/2008 payment still on there. The OC has admitted that the 08/2008 payment is incorrect. It appears to me that the OC has attempted to update the payment history, but that 08/2008 payment was not corrected. I'm not sure if this is the OC's fault ot Experians fault. Not sure. As far as my CFPB complaint I was waiting until I received my letter from the OC before I disputed the OC's response that they made concerning my complaint. I got the letter from the OC yesterday along with a payment history beginning from 2007 to the date of settlement. What is weird is that it does not show any payments starting from 02/2007 until 11/2008 and then it shows payments and then corrections. I uploaded all this along with a dispute letter. This was before I knew that Transunion had deleted this account. Now one might think I had jumped the gun on Transunion by continuing to name them in my dispute with the CFPB, but on Monday Transunion had updated the account, but it was still wrong. Now it has been deleted. I'm wondering what to do with Experian??
  9. Ok. Here is an update. I file a complaint with the CFPB against Experian, Transunion, and my mortgage lender. 1. Experian responded with a partial response saying that they will have a result in 60 days. Is this legal? I thought they had a max 30 days to do an investigation? 2. Transunion has not responded as of yet. 3. The mortgage lender has been the most responsive. They discovered that the payment they claimed I made was wrong. They have updated the CRA's but now they are not reporting my payment history. So now the CRA does not know when the FDOD was. The CRA says this account is still going to stay on my reports for another year. The account should fall off this month because the FDOD was 05/2007. I just have to get them to report the payment history. Here is my question: They are reporting the settlement as the last payment. Shouldn't this be reported as the settlement date? Is there a certain notation that lets the CRA know this is the settlement date and not the FDOD?
  10. The 1st mortgage was reporting correctly and it fell off my CR last month. Now the second mortgage is the one that is staying on my CR. It was for less than $30,000 and it was included in the short sell as well. However, because they say that I made a payment 8/2008 on this 2nd mortgage account my CR says it will not fall off until summer 2015. The letter that I was referring to is the letter that you wrote for me to use. Sorry for the confusion. There is no CA. The 2nd mortgage I am working on is still with the OC. I guess I was trying to ask if I could take the letter that you wrote for me in your first post and ADD a request for the OC to provide proof that I made a payment on 8/2008. There is NO way they can provide proof because we did not make that payment. So I'm thinking that if there is a way to demand they provide proof and they are not able to, they will have to delete the account. I'm sure there are laws that require a financial institution keep accurate records. There is absolutely no way that I personally made a payment to them 8/2008. We were living in another house at that time and 8/2008 we were in the process of moving to another state and it took all the money we had just to move. So I'm wondering how that record of a payment 8/2008 got there.
  11. Ok. I will send the letter tomorrow. I have already filed a complaint with the CFPB last week. In addition, I filed a complaint with the CFPB on the OC too. I got a response from the CA in my CFPB portal saying they will investigate it. They will do the same thing they have always done and verify the wrong information because that i what they OC is verifying as fact. Perhaps, sending that letter in addition to the complaint will help. How long does it normally take to see results from a complaint with the CFPB?
  12. ICANHASMUNY, Thanks for the letter. I'm wondering if there is a law that I can use to demand that my mortgage company prove that they received a payment from me? They say that they received a payment from me and there is no way that this happened. We didn't even live in the house at that time. We lived in a rent house at the time they say they received a payment from me. I'm wondering if I can incorporate the letter that you wrote with a demand that my mortgage company prove they received a payment from me. The payment they say they received is extending the date of delinquency and is keeping it from falling off my report from another year. So I know for a fact that this payment did not happen and I would like for them to proved this by supplying a cancelled check (which there is no way they have) or a electronic receipt of a electronic payment (which they don't have). I was thinking about incorporating something like that in the letter with a 14 day time limit to produce such proof or delete it from my report. Any ideas?
  13. ICANHASMUNY, Thanks for the letter. That really helps. I'll use that. Thanks.
  14. Hi all, Thanks for all your help thus far. I am finally making progress. I have this last negative account on my experian report. Equifax and Transunion has fixed this on my report but Experian is being stubborn about it. I received this letter from my mortgage company after I contacted them trying to get the correct information. I had a short sell back in 2007. Experian says this will not fall off until August of 2015. Since they say in this letter that the loan was still due from May of 2007 shouldn't it have fallen off already or do I go by the Dec 2008 date. I'm trying to get Experian to delete this.The letter is below. Dear, We recently received a question or request for information about your credit report for the account listed above. This question or request may have come from your or a third party on your behalf. Our records show that you paid off (or settled) the account for less than the full balance as of December 2008, and you loan was still due for the May 2007 payment at the time it was settled. We have confirmed that the major credit agencies (Equifax, Experian, Innovis, and Transunion) are showing the same information. We appreciate your business. If you have questions, please call us at one of the telephone numbers listed below. Sincerely,

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