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Subprime

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About Subprime

  • Birthday 07/09/1963

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  • Location
    Helm's Deep
  • Interests
    Hunting CAs
  1. Was your dispute handwritten on yellow (lined) legal paper? Did your dispute sound like it came from an angry consumer or did it sound like the rest of the credit repair letters they get by the zillions everyday? Was your dispute vanilla or did you mention several things on the TL? Example, Dear Experian, Your information regarding my credit history is incorrect. The follwing error needs to be removed immediatley. On account (#(%%((#$( with !@##$$%! I was not late on 5/05, 6/06 and 7/07. The date of late activity was not 8/07. I expect this information to be corrected immediatley. Sincerely, Joe Consumer That needs to go into a handwritten enevelope with a certified sticker at the most......no return reciept. If it was me, I'd sent it first class only. -Subprime
  2. Hello Shawnee! I gleaned that from the other side. They are very upset at the ruling and the reference to TU was a response from TU to an attorney trying to do a hard pull. -Subprime
  3. Jack, I had a similar situation a few years back. This is my last letter to the attorney of the CA before I got a full deletion: *** VIA United States Postal Service Certified Mail XXXX XXXX XXXX XXXX XXXX *** Dear Big Scary Lawyer, On XXXXXX XX, 2005 your office signed for a Certified letter, which outlined my problem with Dumass Collections innaccurate reporting on my credit reports. I have the return recipt signed for by XXXXXXXX XXXXXX (Spelling?). My last letter was sent Certified and signed for by XXXXXXXX XXXXXXX as well. Both of these letters were sent addressed to you directly. Mr. Smith was sent a copy as a courtesy. You are the registered agent for Dumass Collections. and ultimately the person who will be served on behalf of Dumass. To claim that your client has forwarded you a copy of a letter, which your office has signed for, as a basis to say you are just being made aware of the issue is incorrect. I do not appreciate the handling of this matter by your office. Secondly your claim that I am trying to extort money from your client or acting in bad faith is false, misleading and inaccurate. I have enclosed physical evidence of how your client is falsely reporting this trade line on my Experian Credit File. Please note the report date. I have similar reports and original credit files for June, July and August of this year. Pay careful attention to the FACT that the account type is listed as Installment, Credit limit set at $125.00 and the Terms set at one month. Your continued excuses for Dumass Collections not accurate. This is prima facia evidence of incorrect reporting. Unfortunately any way you would like to explain away the faults of your client will not help. FICO scoring models are based off of several important factors. One of the heaviest factors has to do with installments accounts, credit limits and balances. Unfortunatley your client has been reporting this inacurate information long enough to cause me trouble with financing for an automobile. Prescinding any issues with FICO scoring, the reporting is wrong, inaccurate, false and misleading. This reporting misrepresents the debt’s character and legal status. Also please note I have a copy of the 200 page manual published by CDIA as to the proceedures reporting and verification of trade lines with the CRAs. I also sent you a copy of the form used to verify and report information in my last letter. Your claims and those of Mr. Smith as to how Dumass Collections reports and verifies information directly contracts the standards outlined by CDIA. The issues of fact support my complaint. This information has been disputed. Your client has verified the incorrect information several times and you have vouched for this in your last letter. Your client is past statutory time limits to correct such inaccuracies without incurring violations of consumer credit and debt collection laws. You misunderstand and misapplied case law in your last letter. First I am not claiming unfair competition. I know this is an area of law that is a specialty of your firm, but to try and shoehorn me into a position I have not taken was strange. Last, you must have either missed or ignored the 9th circuit court of appeals decision which supports my right to a private cause of action. Additionaly the California Department of Consumer Affairs specifically states “Both (meaning State and Federal)of the fair debt collections practices statutes create a private right of action for violations. Both statutes give a debtor power to file a court actions to recover a penalty and any resulting damamges from a collector that violates the statute.†I noticed in my last letter for settlement, I unintentionally did not include the FDCPA violations as well. I will ammend my complaint to reflect and include both FCRA and FDCPA violations. Please note Dumass’s company statement: We employ a formal motto within our company - emphasized continually with our staff - which says it all: "It's either completely right, or it's completely wrong!" This means simply that we operate in a professional manner, maintain lawful compliance at all times, and that we do not 'push the envelope' or operate in 'gray areas' where laws and regulations are concerned. This simple philosophy allows our clients to rest easy, confident that their accounts are being handled in an above-board manner and that they will not encounter legal or public relations difficulties at some future date because of their collections agent. Since you are so quick to wrongly accuse me of acting in bad faith I will offer you the opportunity to suggest how Dumass Collections would like to settle this matter. This matter has gone much further that is has needed to. You have the information you need to see that your client is not the without error, it is time to put this to rest. Sincerely, XXXXXXXXXXXXXXXXXXXXXXXX Facsimile XXX XXX XXXX
  4. I was doing some recreational reading: In Pintos v. Pacific Creditors Association (Case No. 04-17485, 09/21/07, 9th Circuit) the agency violated FCRA/FACTA in pulling a consumer's CBR for a towing bill. The court held that since there was no "underlying credit transaction", then there was no permissible purpose to access the person's CBR. The court also held Experian liable for allowing the impermissible pull. That means a collection agency cannot access the credit report of a consumer for things like towing bills, court fines, parking tickets, taxes, damage awards, hospital bills, etc. Trans Union citing the Pintos case and two other similar cases, warns that the underlying debt being collected must comply with the FCRA/FACTA definition of a credit transaction. Accordingly, it states that certain debts such as child support, certain judgments and liens, tow bills, fines, and statutory debts may not fall within the definition of a credit transaction under FCRA/FACTA. The cases TU cited: Kevin D Miller v Tans Union, Experian, Supportkids - Case 1:06-cv-02883, 2/28/07 ND Illinois Kenneth McCready v Linebarger Goggan Blair & Simpson - Case 06 C 4884, 8/15/07 ND Illinois Maria E Pintos v Pacific Creditors Association, Experian - Case 04-17485, D.C.# CV-03-05471-CW, 9/21/07 9th Circuit Court of Appeals
  5. They are allowed to call you one time after you C&D them.
  6. You better DV the other two amounts. You need the paper trail.
  7. As a spouse you probably have secondary liability for your wife's medical bills. Is the amount large? As mentioned before you need to go to the medical collections forum. -Subprime
  8. Okay here is my letter: SENT VIA USPS CERTIFIED MAIL RETURN RECIEPT REQUESTED: XXXXXXXXXXXXXXXXXXXXXXXXX Your organization must CEASE & DESIST all calls and communication to my home. Your harassment is unwarranted and is unwanted. Failure to comply with this request will result in my immediately filing a complaint with the Federal Trade Commission and the California Attorney General's office. I will pursue all criminal and civil claims against you and your company. You are now on notice that that I may utilize telephone recording devices in order to document any telephone calls you may initiate, if you decide to violate this CEASE & DESIST notice. Messages you have left on my answering machine have been saved. All other calls have been logged. Your company has no business with me. I am sure you are aware of the consequences in violating the Fair Debt Collection Practices Act and the California Fair Debt Collection Practices Act. As per the FDCPA: § 813. Civil liability [15 U.S.C. 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of $1,000 (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow Please note that proof of your receipt of this notice may be used by me or my legal representative in further action. Sincerely,
  9. This is what I found: First National Collection Bureau Inc. 610 Waltham Way Sparks, NV 89434 800-824-6191
  10. First National Collection Bureau Anybody have an address on these guys?
  11. Not mine............. I cleared up my credit issues here a couple years back. I have a 75 year old client that is getting these calls. Probably one of her kids. This is unrelated to our business, but the calls are making her worried. They are calling twice a day. -Subprime
  12. I am going to make a C&D-nutcase hybrid that includes the FTC and BBB complaints. Thanks for the idea! -Subrime
  13. In reading through the FDCPA, it looks like the CA's have a loophole. IF they believe the third party knows the location of the person they are looking for, they can keep calling. Any way around this? Going to send a C&D tomorrow, but it looks like they can ignore it. -Subprime
  14. I closed an account 6 months after opening it.......end result on my score, nothing! It have a pretty decent file with Sears 13 years 3.5K CL zero util Chase 13 years 17.5k CL 15% util Mortgage 13 years Amex 2 years 30k CL 30% util Chevron 4 years 2K CL zero util Auto loan 1.5 years Sears 1 year 7.5k CL zero util

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