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Miisstt12

Which collection should I tackle first?

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I am a newb here although lurking for years and I am finally ready to start the credit repair journey. I have dreaded this day but burying my head in the sand has not worked out for me at all!

 

I do need some advice on what to tackle first.  I would be so grateful if anyone can point me in the right direction.  I still cant believe the predatory abuse that happens everyday by these collection agencies on an industrial scale, but enough of complaining its time to solve it!

 

1.I have opted out and am working on removing my old addresses but so far this has not worked at all.  

 

2.The most pressing issue is I need to move and sign a lease, however NCC business Solutions is reporting 7955.00 for an old lease.  This collection is past the SOL/ NC. the lease was terminated Sept 2014. However NCC is reporting the collection july of 2015.  We have never recieved any communication from them ever. we moved from VA to NC. The amount they are reporting as due is also way over inflated as we terminated our lease with only one month left on the lease. Also DH will be filing bankruptcy in the few weeks. So I will be the only one who they can collect from.  

My question is should I do a 1-2 punch and risk reactivating the debt? Or should I attempt to negotiate the debt down and make payment arrangements? 

I do need to rent something ASAP so this issue is very pressing.  Finding individual landlords becomes harder and harder as the internet and property managers have taken over the housing market. I am trying though. We have to move to FL from NC.

 

Should I use a 1-2 punch and risk resetting the clock? Should I negotiate and settle?  Is there any other option that I am not thinking of?

 

3.I have 3 medical collections of small amounts that I will use whychat's HIPPA as a first step. At the time I had medicaid, 2 of them I have no idea what they are.  Possible identity theft.

 

4.I have a repossesion which seems to be reporting an overinflated amount 10250.00 and wrong dates from 7/2015. I have no plan of action for this yet. 

 

5. 2 credit card charge offs Cap one 450.00 and Kohls 280.00 and two corresponding CA's as well. 

I am thinking a 1-2 punch? 

 

6. A sprint ca of 175 possible identity theft since I have never had a sprint account. 

 

7.My identity has been stolen 3 times in the past 7 years.  there is also a citi bank credit card that was opened in June 2018 with a 0 balance and 1000.00 credit limit. (Just discovered this ) Do I report this at the same time as I am dealing with the collections? I also think I should set up a security freeze and a fraud alert to prevent any additional problems as I work on repairing this.  I also will make a police report and FTC report. Its very suspicious and appears as a positive tradeline. Should this be my first step? 

 

Positive steps in the meanwhile because I am pressed for time:

1. I have also added to my report Rental Kharma.  In about 7-10 days it will report 2 years of positive rental payment history on Transunion only.  I am hoping this might offset any concerns a potential landlord will have. 

 

2. I have also applied for 2 secured credit cards.  Not reporting yet. 

 

3. I purchased a vehicle in august 2018.   Reporting positively

 

I am not sure what to tackle first. I will admit that I have been bullied and threatened through out the years by these lying and abusive creditors I gave up 5 years ago and just lived without credit.  I do not want to call and speak to anyone because all they do is collect information to use against you and pretend to help. However it is finally time that I stand up to these bullies and make them play by the rules of the game. I am preparing to send out my first batch of letters today.   

 

Thank you for this board and the mods for empowering consumers! Without everything I have learned I would never have found the courage to stand up for my rights.   

 

 

 

 

 

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If you are filing BK, then there is no need to negotiate.  Doing so could actually be viewed as a preferential payment. 

 

Another question, given the business services reference...is the lease residential or commercial in nature?  If commercial, then the FDCPA generally won't be applicable. 

 

The date of first delinquency is what it is...there is no resetting simply because of a dispute.  In the rare event that some manner of re-aging DID occur on consumer debt, then it becomes actionable under the law. 

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On 2/9/2019 at 12:53 PM, Miisstt12 said:

However NCC is reporting the collection july of 2015.

That is when they got the account.  They cannot report earlier than when they get the collection authority.  It does not re-age the debt.

On 2/9/2019 at 12:53 PM, Miisstt12 said:

I do need to rent something ASAP so this issue is very pressing.  Finding individual landlords becomes harder and harder as the internet and property managers have taken over the housing market. I am trying though.

Your major problem is that large lease collection reporting.  Most large corporate run apartment complexes will over look other collections as long as you do not owe past landlords.  You have the added pressure that if your husband is declaring BK you cannot make a preferential payment for this particular debt as the other post indicated.

 

Identity theft is not something you can stick your head in the sand and ignore.  You have to play whack a mole and stay on top of it ALL the time.  Failure to do that leads to more problems not less.  You should consult a good attorney about how to resolve accounts and collections that are not legally yours.

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19 hours ago, CreditSucksNot said:

That is when they got the account.  They cannot report earlier than when they get the collection authority.  It does not re-age the debt.

Thank you for explaining. 

19 hours ago, CreditSucksNot said:

Your major problem is that large lease collection reporting.  Most large corporate run apartment complexes will over look other collections as long as you do not owe past landlords.  You have the added pressure that if your husband is declaring BK you cannot make a preferential payment for this particular debt as the other post indicated.

So it seems that I have to try the 1-2 punch method? 

19 hours ago, CreditSucksNot said:

 

Identity theft is not something you can stick your head in the sand and ignore.  You have to play whack a mole and stay on top of it ALL the time.  Failure to do that leads to more problems not less.  You should consult a good attorney about how to resolve accounts and collections that are not legally yours.

I absolutely agree! It only snowballed and grew worse. Thank you for replying and sharing some insights my next step is to try to find an attorney. What type of attorney handles identity fraud?

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19 hours ago, centex said:

If you are filing BK, then there is no need to negotiate.  Doing so could actually be viewed as a preferential payment. 

I am not filing the bankruptcy my husband is. Although it seems that I cannot negotiate either if he files? I had not thought of that before. 

19 hours ago, centex said:

Another question, given the business services reference...is the lease residential or commercial in nature?  If commercial, then the FDCPA generally won't be applicable. 

The lease was residential. 

19 hours ago, centex said:

 

The date of first delinquency is what it is...there is no resetting simply because of a dispute.  In the rare event that some manner of re-aging DID occur on consumer debt, then it becomes actionable under the law. 

That is very interesting. I thought disputing was reacknowledging the debt. Thank you for the insights.

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2 hours ago, Miisstt12 said:

If you don’t mind my asking what does this mean?

To the top.

It bumps your thread back up, so people see it.

 

eta: If you see the dashed lines under an acronym, hovering your mouse on it will show the meaning.

Edited by Thumbnuts

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If you have joint accounts, you will need to speak to the attorney in great detail regarding whether you are ALSO going to have to file.  And if you are able to escape filing, you need to be careful to avoid BK notations migrating to your reports. 

 

You ALSO need to be aware that accounts in which you are BOTH named but for which HE gets a discharge COULD result in you being on the hook for the full nut...

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5 hours ago, Miisstt12 said:

What type of attorney handles identity fraud?

A good consumer attorney that deals with defending consumers in debt collection cases would be best.  

5 hours ago, Miisstt12 said:

So it seems that I have to try the 1-2 punch method?

Your situation is not a straight up credit repair situation due to your husband getting ready to file BK on the debt.  You can rest assured if he gets BK protection on the debt and you were on that lease they are going to come after  you.  

 

Here is the problem with the 1-2 punch.  That worked pre-recession in the paper records days.  These days records are digital and very easy to maintain.  Therefore collection agencies can easily verify.  There is also NO requirement they delete the trade line if it is inaccurate.  They only have to correct the inaccuracies.  The next issue with this is that they are only required to respond to your DV if you send it within 30 days of their dunning you.  Finding it on a credit report or knowing it has been there for since 2014 means they can ignore your DV and it isn't a violation nor do they have to delete.  The courts are divided on whether reporting to the bureaus is debt collection so that would not necessarily violate the FDCPA if they continued to report.  

 

I would start with the apartment complex and find out where they came up with that high amount owed.  It may be possible to carve it down to a reasonable amount you could settle for and be done with it.  Is there a chance you could dispute and they don't respond and it gets deleted?  Sure, but reading the reviews online this CA is pretty hard core in collections if not occasionally dirty.  I doubt they will ignore the dispute.

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I really appreciate your help. This is very good to know. I feel for now I will not deal with this CA. It sounds like my suspicions about credit repair being more difficult due to electronic records might be right.

Hopefully when DH bankruptcy is finalized he can be the one to get the lease. 

On my end I would imagine that them havin only one person gives me more leverage or bargaining power. They never sent a dunning letter of any sort. I am not sure which law that would break but it sounds like they have some sort of violations to correct. Before I jump to negotiating who knows what can of worms that would open up for me.  I will research some more. I do know that letters from attorneys are treated differently than letter from consumers. In fact CRAs give them priority attention. Maybe an attorney should handle this one. Oh well I guess I have to handle the medical collections and other collections first. Thank you for your insights I am curious is there an updated guideline regarding how to respond to collections now that things are stored electronically? 

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14 hours ago, centex said:

If you have joint accounts, you will need to speak to the attorney in great detail regarding whether you are ALSO going to have to file.  And if you are able to escape filing, you need to be careful to avoid BK notations migrating to your reports. 

 

You ALSO need to be aware that accounts in which you are BOTH named but for which HE gets a discharge COULD result in you being on the hook for the full nut...

This is the only account that we have. I won’t be declaring bankruptcy since I have identity theft and the amount I owe is not a huge amount. I expect they will have less leverage since they will only have an unemployed student to go after. Also they have never called or contacted me or my Dh. I have half a mind just to take them to court and force them to produce the documents. I do know that they file frivolous cases expecting consumers to settle rather than to go to courts. I had a case recently dismissed by filing a response to their law suit. I did it myself. I will be reaching out to some attorneys in the upcoming weeks to find out how to address this. Thank you for your insights. 

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On 2/12/2019 at 12:22 PM, Miisstt12 said:

Thank you for explaining. 

So it seems that I have to try the 1-2 punch method? 

I absolutely agree! It only snowballed and grew worse. Thank you for replying and sharing some insights my next step is to try to find an attorney. What type of attorney handles identity fraud?

Hi,

 

As a Newbie here trying to learn, Can someone please explain what the 1-2 Punch is? Or where can I read about it?

 

Thanks in advance

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14 hours ago, Miisstt12 said:

On my end I would imagine that them havin only one person gives me more leverage or bargaining power.

Not really.  Many creditors realize that eventually you will want or as in your case NEED new credit and be forced to deal with them.  If they know that is the case they have all the leverage regardless of how many of you are affected.

14 hours ago, Miisstt12 said:

They never sent a dunning letter of any sort. I am not sure which law that would break but it sounds like they have some sort of violations to correct.

There is no requirement they ever send a dunning letter.  It breaks no laws at all nor is it a violation of the FDCPA to report the debt to the bureaus without dunning you.  In fact it gives them the upper hand because if they never dunned you they can ignore your DV.  The FDCPA only requires they respond to a DV letter you send within 30 days of their FIRST contact with you.  Reporting it to the bureaus does not count.

14 hours ago, Miisstt12 said:

I will research some more. I do know that letters from attorneys are treated differently than letter from consumers. In fact CRAs give them priority attention. Maybe an attorney should handle this one.

The rental collection is NOT a problem with the bureaus.  It is a problem with the landlord.  You would need to start there.

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On ‎2‎/‎9‎/‎2019 at 3:53 PM, Miisstt12 said:

Positive steps in the meanwhile because I am pressed for time:

1. I have also added to my report Rental Kharma.  In about 7-10 days it will report 2 years of positive rental payment history on Transunion only.  I am hoping this might offset any concerns a potential landlord will have. 

 

Sorry to tell you this but Rental Karma did NOTHING for my score. It was a complete waste of money. 

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On 2/19/2019 at 1:05 PM, HopeForBetter said:

Sorry to tell you this but Rental Karma did NOTHING for my score. It was a complete waste of money. 

Update: My score went up 39 points on TU and the rental collection mysteriously fell off as well but only from TU. Rental Kharma only reports to TU.

 

I suspect the rental collection will reappear when I eventually apply for a lease so I will continue the process slow and steady. 

I only put rental kharma to have a third party verify that I paid on a timely basis.

 

I am still waiting for an SDFCU secured card and a Citibank secured card. Planning on applying for a Bank of America secured card? I also recieved an unsolicited offer from pnc (I bank with them) for a credit card. It’s weird because I recently opted out. I am scared to apply and get another hard inquiry. How do we time the hard inquiries so they don’t affect us so badly? 

 

I also recieved an offer unsolicited from cap one regarding the repo offering to settle the 10,000 debt For 1476.00. They even offered to break it up into 6 or 12 payments. 

 

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ID theft has a rather short SOL in some states, I suggest you check it out. The police will probably let you file the report if it is out of SOL, but they won't investigate a crime that cannot be prosecuted. You'll have to do your own investigation and prove it yourself.

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On 3/8/2019 at 2:58 PM, creditrepair2019 said:

And if you do, you may very well end up with a 1099-C for the $8,524 write off.  You may need to pay federal income tax on that amount depending on whether the IRS deems you solvent or insolvent.  In a bankruptcy filing, it is guaranteed that you will have ZERO tax liability for it because it was discharged in bankruptcy.  

That’s a good point thanks for pointing that out. As to the sol of last delinquency is oct 2014 am I correct that it is no longer under the sol by oct 2019? I always thought it was North Carolina since we moved to North Carolina. But I have read conflicting info on that.  Thank you for your help. 

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On 3/8/2019 at 2:58 PM, creditrepair2019 said:

And if you do, you may very well end up with a 1099-C for the $8,524 write off.  You may need to pay federal income tax on that amount depending on whether the IRS deems you solvent or insolvent.  In a bankruptcy filing, it is guaranteed that you will have ZERO tax liability for it because it was discharged in bankruptcy.  

I am getting closer and closer to the idea that bankruptcy is the only option. 

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On 3/9/2019 at 7:28 AM, legaleagle2012 said:

ID theft has a rather short SOL in some states, I suggest you check it out. The police will probably let you file the report if it is out of SOL, but they won't investigate a crime that cannot be prosecuted. You'll have to do your own investigation and prove it yourself.

Unless you hand law enforcement the whole case to them I don’t think they do much of any investigating. I have grown very disappointed in how cases are pursued and their laziness. I am not sure how identity theft is allowed to run rampant....I don’t even want to complain will just make me feel worse. 

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