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roadrage

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  1. most people (99%?) don't get a response to their PR. Well, I always get some sort of reponse, but nothing that actually fulfills the requirements of the FCRA section which deals with PR's and in some cases proves the worker bees don't even read the disputes.
  2. Thats not true... my attorney would salivate on it and immediately pursue.... you just have to find a good attorney that KNOWS about this stuff inside and out... Sorry but 1 violation is just not worth it for most attorney's. They want more then 1. I would never bring just 1 violation. Now if it was somehow reporting to my Cra, and it was reporting without a dunning letter, and reporting incorrectly then YES i'd bring all those violations to them, however I would not waste their time with just 1 violation. Not in this case. Threatening to throw someone in jail is one of the worst kinds of debt collection abuses there is (and much more serious than the paper violations you cite), and having that threat on tape is a slam dunk for any attorney and likely to produce a decent payout.
  3. Has anyone had their procedural request take more than the 15 days as required by law? I sent a PR to each of the CRA's and one of them came back in exactly 30 days. They provided the contact info (they were the only CRA that actually provided some sort of contact info), but they are still in violation of the FCRA for providing it well after the 15-day deadline. Is there any way this can be used to my advantage?
  4. I can't believe they are offering you such a large settlement after being only 45 days late.
  5. Before you open the envelope, are you able to shift the letter inside the envelope so that the debt-disclosure information disappears from the window, or does it always show no matter how you shake it around? Make a copy of the envelope before you open it, with the debt-disclosure part of the letter showing through the envelope window just as it came to you in the mail. You might want to keep the envelope sealed if you are able to make a payment in another way, that way you can preserve it as tamper-free evidence. Copy as many of the monthly bills in their envelopes as you can. It reinforces this method of debt-disclosure letter format to be the norm and not just a temporary anomaly with their printers, etc. I can see the CA using a defense that you refolded the letter or manipulated it in some way so as to make the debt-disclosure appear in the window when it would not have otherwise in the manner they prepared it for mailing.
  6. Were you sued on the underlying debt, or landlord just take you to court for the eviction? The landlord just took me to court for summary possession of my rental unit. That was the public record that was listed. When I had a JDB after an old account, I told them that what they sent me as "validation" wasn't sufficient enough to refresh my memory of any unpaid debt; but also what they sent me showed evidence that whatever debt they were trying to collect outside the SOL of my state, so they too were SOL. I then reminded them that they were reporting an unknown debt to my credit reports and I demanded they remove it. What I have found is if a CA realizes that you know the debt they are attempting to collect is past SOL, they know their risk goes up because although they no longer have a legal cause of action (and you won't be taking a default judgment if they do file outside SOL), if they violate any collection or reporting laws you have a cause of action against them.
  7. Were you sued on the underlying debt, or landlord just take you to court for the eviction?
  8. The debt is for $10,000+ on a defaulted lease and it is out of SOL in my state. So I'm not worried about being sued. But this is the ONLY bad tradeline I have on 2 of my CRs. So I'm trying to throw everything I can at it. Is it also out of the reporting SOL? If not, then you can see why they are glued to your reports. They are hoping to get paid voluntarily since they cannot legally (try to) enforce their claim in court. Was this a CC debt? Did they send you a bunch of billing statements or just a single-page print out of what they say you owe?
  9. For what it's worth, if a postal worker is capable of this, there is certainly potential for other bad behavior.
  10. This is the issue a lot of the times. If a CA/JDB doesn't provide proper validation, hey have no business reporting. You could try BBB and the AG to see if that gets their attention. After that, send them a summons. That will likely get their attention. How much is the debt for? Is it within SOL?
  11. I'd like to see a pic if you could. You mean Crap1 is reporting that the charge-off occurred both on July 2008 and February 2009? Was July 2008 the correct charge-off date? What were they reporting for the other months in-between (between July 2008 and February 2009)? What were they reporting since February 2009?
  12. Congrats on the $500. I'd take the money and run. Beats working for a living. Just curious, how was Crap1 reporting incorrectly?
  13. I agree. Although I haven't yet used an FTC complaint, I have looked into it and was about to file but then the issue got resolved just before I acted on it (I threatened to file a complaint and I guess that was enough). I have cc'd my AG in letters to CA's and believe me, the CA's don't like that. Cockroaches always scurry away when exposed to light. I think the problem is that some state AG's will will investigate each and every complaint that comes in, while others won't act until enough complaints come in and a pattern emerges. But once they act, look out. Just look at what the AG for Minnesota did to the National Arbitration Forum, which had been scamming people for years including many on these boards. I just got another form letter from Experian today in response to a PR. I think my problem is that I have been going overboard with the PR's of late, more than needed to form a paper trail.
  14. You need to use form 982 to claim insolvency. Like TroyP said, you can use TurboTax, but in past versions you had to add form 982 manually because although the 1099-C was effortlessly added to income, the program wasn't capable of integrating the 982 properly. Maybe Intuit will have it better integrated in future versions, including an insolvency worksheet where you can plug in your assets and liabilities and spit out your insolvency determination. If you know of a good accountant it may be easier to just hand it off to them, but make sure they understand how to determine insolvency.
  15. Investigtation into a TL takes place as a result of a dispute sent to the CRA's-these aren't worthless. Sending a procedural request to the CRA's asking how they went about verifying the TL is where they refuse to provide you anything other than a robotic response (for instance, they tell you the data furnisher's contact info is already on your credit report). I've never received the name(s), address(es), or phone number(s) of the specific person they allegedly talked to...because they don't talk to anyone. ummm...I guess you don't see how the point they don't really "verify" can be used to the consumer's advantage. and I've seen a PR work toward a larger end. to tell consumers to not use one additional mile along the paper trail is not helpful IMHO. There are even some fools around here who yell at us when we suggest consumer's complain to the FTC, BBB, AGs, etc. Calling other board members fools for having their opinions is a bit excessive isn't it? I send PR's consistently, but I have yet to see it make a difference for me. So be it. I have seen BBB and AG complaints work and I will use them when the situation demands it. Haven't tried an FTC complaint.

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