Jump to content

txsmiles

Members
  • Posts

    53
  • Joined

  • Last visited

Recent Profile Visitors

338 profile views
  1. I took out a tuition loan via my university a couple of years ago and I setup a repayment plan and followed it through to completion. The university uses a third-party servicer for their in-house loans/payments and the bursar didn't reconcile accounts before sending over to collections. She admitted that she completely overlooked my account and sent it accidentally even though I had signed a promissory note and payment plan with their office (required part of getting the loan), and was making payments as required. The account was not only wrongly sent to collections but somehow ended up reported twice, for the entirety of my payment period, all negative. I emailed and called, had one CA deleted but the other remains. Problem is the servicer claims they don't have the account because it was recalled but the reporting is still there. I have numerous letters stating that it was sent in error and that there should be no derogatory reporting because my account was paid as agreed and in full within the required term. I also have letters stating that it will be deleted, specifically that they requested the credit bureaus to delete the information from my files. I filed two disputes so far. The first yielded no results at all, but the second came back updated worse than before. Bursar claims she sent for delete, but something isn't adding up here. I don't know what to do about this and I can't depend on the Bursar to fix it anymore. It is damaging my credit score, and appears to be updated every couple of months. I have read so many times not to send my letters from the creditor, but what choice do I have right now. Do I follow the TFC DV process and follow-up with a mailed dispute to the bureaus? It's a state university that uses a private servicer (also the collection agency), if that makes a difference. There are a ton of inaccuracies with the reporting aside from the negatives like amount and term, but the payment history is as screwed up as can be. I just want it gone at this point because it seems like they can't or just don't care enough to fix it.
  2. I'm getting my paperwork together to send the demand. What address do I use for service for Sprint? Corporate mailing address or some particular office or do I send it to the Customer Relations PO Box? If you know this bit of info, I would appreciate it very much because I don't want to screw this up. Oh, another thing. There is a spot of the form that asks about the amount in controvery....this is the amount of the debt they say I owe? Last question. Sprint and the CA have separate violations. I can seek damages from them separately in my complaint or do I just total the sum and not designate the responsible party? I want to pull the bond underwriter into the claim as well. I know this is legal for lawsuits in TX, so is it valid for arbitration? It would certainly increase the initial fees for the case.
  3. Never got to file because they deleted, but they popped up again under a new collection agency. This time, I've sent a Texas DV but they didn't respond. However, they did update my credit report, actually about 5 times since they got signed for my letter. Went ahead and sent arb demand and Sprint responded but I'm not happy about it. I don't trust them and they fought me on a deletion. Should I request specific verbiage in an agreement or send my own? I have a contact, but I don't know what to do now. I have some time left for the dispute period but could I just file arb anyway without waiting because they claim the offer is the best they can do?
  4. I haven't requested arbitration. I added a statement that I reserve the right to pursue all legal remedies and protections available to me under law. By that, I can sue them or from their own terms, invoke arbitration. I didn't explicitly state which action I would take, but I consider it notification of intent for either because at this point, the door is open for whatever avenue I pursue later. Reading up on "bonafide error in action" because I'm pretty sure I will have to litigate. I intend to send them a second, reminder notice at the 15 day mark, and I will be sure to let them know to rectify the error at that time. Can I just dispute the address off of my credit report as invalid address or would I do not mine?
  5. I actually used your instructions for the Texas DV with a cc to the bond underwriter. I invoked the TFC 392 and put them on BCC17 60 day notice. I requested validation and cited my request for modification if they fail to do so. I did not mention any federal issues and made a note of my claim being strictly based on Texas laws. I followed the process outlined in the Texas thread, but I brought the OC into the mix under a provision in their contract so that I can include both the OC and CA in a lawsuit if necessary. I only sent out the extra letter to the OC after all of this. The address is fictional...it does not exist. They literally used my street number and listed my last name as the street name, and all other info (city, state, zip) is the same. It's not an old address, it's a made up address. The address does not exist, so there is no possibility of an old address. I'm hoping that they don't try to send mail to the address they added because it doesn't exist in the USPS database, so I don't know how that would go over.
  6. I second this suggestion. I have been able to get interest and fees removed just mentioning bankruptcy. Also, for the payday loans, revoke any ACH authorizations you have given them so they stop taking your money. Let them know that you are speaking with an attorney, and ask them if they can give you a payment plan because you would like to keep them out of the bankruptcy.
  7. I sent out a Texas DV to a CA that appeared on my credit report, and I have the delivery confirmation and green card in hand. I also sent a letter CMRRR and email to the bond underwriter with copies of everything. I'm also going to send faxes to their surety company's local offices here in TX (just found today) so that I can get some pressure on them. The CA received my letter a few days ago, and they updated my report with an incorrect address. There is no notation of the dispute, just the new address that they reported. Strange thing is that the address doesn't exist, and it's definitely not the address that I gave them in my letter. Oh, and they also updated the balance/status AFTER they received the DV, but they have not responded to me nor did they notate that the account is in dispute. I've already sent a complaint/ITS/arbitrate with BCC17 notice to the original creditor that is listed. I'm waiting on the green card back from that and the underwriter letter. I have no clue what to do right now. I've been reading the forum, but I'm not sure of the next steps. I think that I should now dispute with the CRAs, but I'm not sure. I have a couple other things, and now this new fake address they reported, that I need to have removed/corrected. I have had some old accounts reappear, not bad, but really really old (past reporting period), so I am not sure what is happening with my files. Would a jack attack work with this scenario?
  8. Got it. So, I will wait for them to respond, and then I will go from there. Thank you for clearing that up.
  9. I am still reading through that thread again, and I'm still taking notes. Every time I think I have this whole Texas deal figured out, I come across something else, so it's a constant learning process. Telecommunications is the service, and AT&T is the company. They are my main concern in this thread. They aren't reporting anything because there isn't anything for them to report. This is why it's a problem. I don't owe them any past balances, but they screwed up something when I canceled my account with them back in 2014. It's stupid because the billing department says there is no balance owed, but the services department always would send me to collections where they would try to collect this nonexistent debt. There is a disconnect somewhere in their systems, and no one at AT&T that I have talked to seems to be able to figure it out. The other is a credit card company, and also not derogatory. I'm just pissed about something they did which was against their own terms and I want them to fix it. Again, this thread isn't a credit reporting matter at all. My other threads actually have nothing to do with either of these companies.
  10. My credit report lists it as being "placed with collection agency." Of course, I know that if they reveal in their response to the DV that they bought the debt, then I believe the CA would be in violation on account of the following: Sec. 392.304. FRAUDULENT, DECEPTIVE, OR MISLEADING REPRESENTATIONS. (a) Except as otherwise provided by this section, in debt collection or obtaining information concerning a consumer, a debt collector may not use a fraudulent, deceptive, or misleading representation that employs the following practices: (4) failing to disclose clearly in any communication with the debtor the name of the person to whom the debt has been assigned or is owed when making a demand for money; (19) using any other false representation or deceptive means to collect a debt or obtain information concerning a consumer.
  11. I've never received anything from the OC about it nor the CA for that matter. I just saw it pop up on my credit report, but it's for an old canceled account that is several years old. I'm dealing with the CA via Texas DV, but I want to also go after the OC.
  12. *she I keep a rolling list of violations in a word file, so I can just copy them into the demand. "Right to cure" entails just what? If the damage is already done and cannot be undone, then they can't make the violations go away correct? Can I ask for a settlement on the basis of their past and current actions? It's not credit reporting that I'm worried about, it's more of debt collection practices and denial of service based on inaccurate records that they hold and refuse to correct. I literally don't owe any debts, but they insist that I do out of stupidity even though they have verified (and I have proof), that they made a mistake.
  13. I've been reading and reading, and I came across something really important in the TFC. Sec. 392.306. USE OF INDEPENDENT DEBT COLLECTOR. A creditor may not use an independent debt collector if the creditor has actual knowledge that the independent debt collector repeatedly or continuously engages in acts or practices that are prohibited by this chapter. So, if I'm interpreting this correctly, the OC is in violation just by their choice of CA. I have researched several court filings against the CA, and since they are public knowledge, I think that I can reasonably assume that the OC is aware of the judgments against them. Plus, they are a frequent and well-known CA for the OC. And that brings me to: Sec. 392.404. REMEDIES UNDER OTHER LAW. (a) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter. (b) This chapter does not affect or alter a remedy at law or in equity otherwise available to a debtor, creditor, governmental entity, or other legal entity. I know that I would need to go through the whole BCC17 notice if I wanted treble damages, but I'm trying to keep things simple for the moment. I have the OC on a violation of the TFC 392, which automatically gives me a violation of the Deceptive Trade Practices-Consumer Protection Act. My question is, what do I do to let them know that I have these two violations documented? I don't need to do a validation request because that goes to the CA, who is reporting. Do I just serve their Registered Agent with my intent to sue for these violations or do I have to go through some other process? I might be getting ahead of myself here, so please direct me on how to handle this if I've got things mixed up. Thank you!
  14. Ok, thanks. Also, in my demand, is it appropriate to list violations of the TFC 392 or BCC17, or do I just state that they have violations, for which I will seek damages? I want to pack the most punch to get rid of them.
  15. I need to file an arbitration case, but I want to do it within the notice of dispute period. How long do I have after filing arbitration before the case is closed for non-payment? My plan is to send the notice of dispute, and once I get the green card back, immediately file the arbitration claim. Then, I will send them their copy of the arbitration filing and let the clock run. If they don't accept my demand for settlement by the time the notice period expires, I will just pay the filing fee and have the case commence. I want to make sure they can't sue me before I file for arbitration, and I'm worried that the demand will make them file suit since the debt is within SOL. Any tips or is this a good idea? Oh, I forgot to mention that the contract says 45 days to try and resolve once the notice of dispute has been sent. I actually have 2 creditors that I want to use this tactic on, but I don't know if my process will work.
×
×
  • Create New...

Important Information

Guidelines