I dont understand how people can just brush off $30+ a month wasted $$. the timeline and amounts listed add up to over $1700. thats a pretty good chunk of change.
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Need some Legal Advice... Got scammed
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Originally posted by chronical View PostI'll tell you exactly what to do as long as you will actually do it
What the fuck were you monthly billed that much for on these "magazines", or is that code for something else?
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Originally posted by Roscoe View PostAfter the last discussion on credit, I'd listen to this dude. Appears he knows his shit, newb or not....
What the fuck were you monthly billed that much for on these "magazines", or is that code for something else?
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Originally posted by BradM View PostJust send me your SS# and a credit card number so I can verify the info. I'll take care of it for you. My uncle is a Nigerian prince.
Originally posted by Roscoe View PostMyfico.com now.... Earlier I pulled details from each bureau's website.
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sorry it took so long for me to post, but I wanted to make it as easy as possible for you which means including links etc and it was just too much to do from from a phone. Now I am home and will help you out. I am going to pretend you don't know anything regarding credit report to avoid missing something I assumed you knew and/ or to address ahead of time any wrong information you have been told.
1. go here https://www.annualcreditreport.com/index.action
Here you will get your free reports that you are entitled to each year and these are real reports and will contain information you need that places like freecreditreport.com, credit karma, credit sesame, and quizzle won't have.
Follow the links and directions and get all 3 reports. (experian, equifax, and transunion) There is a fourth credit reporting agency named Innovis but you can disregard them as no lenders use them.
You are going to have to answer security questions and they can go back to information a long time ago so be prepared to know what color vehicle you where driving 10 years ago.
Print off each report and go ahead and make a copy for safe keeping.
2. Identify which, if any, agency these clowns are reporting to. Their name, address, and phone number will be listed on the reports.
Now I need to know if you ever received a dunning letter. This is your initial collection letter that you would get when a collection agency first reaches out to you and should be sent before they report to a collection agency. (technically they have 5 days from the day they report to send you the letter but most will send you the letter first)
3. If you haven't received a dunning letter and they reported then they are in violation of the FDCPA. Here is the a copy and past of sec 809(a)
§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
This is a violation and grounds for you to be awarded $1000 per violation but I don't personally get sue happy. At this point you could right them a letter letting them know they are in violation and demand that they delete the entry, never to be reinserted or sold and they need to put it in writing.
If they did send you a dunning letter and you just happened to toss it in the trash (no biggie, people do it all the time) then you need to send them a validation letter. In Texas you can send a validation letter any time you like and a collection company must suspend all collection activities until they validate. Do not, under any circumstances, get on the phone with these guys or any other collection agency. They will lie through their teeth to get what they want, your money. Send all correspondence via usps certified mail with return receipt and begin stacking your paper trail. Also keep copies of the letters you send them and dates. Most of these guys will fold the second they see that letter.
Here is one I use often.
your name
address
city state zip
collection company
address
city state zip
Re: Account xxxxxxx in reference to company account # xxxxxxx
date
To Whom It May Concern:
I am sending this letter certified mail with return receipt to ensure its delivery and timely handling. This letter concerns a collection letter you recently mailed me dated February 4th, 2014. The account number and original creditor are listed above for your reference, which should be sufficient for you to identify me.
I am disputing the accuracy of this entry and requesting an investigation, pursuant to Texas’ debt collection law (Finance Code section 392.202, specifically). This is not a request of verification but a request for VALIDATION.
§392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. (a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.
Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau shall send a written statement to the individual:
(1) denying the inaccuracy;
(2) admitting the inaccuracy; or
(3) stating that the third-party debt collector or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.
© If the third-party debt collector or credit bureau admits that the item is inaccurate, the third-party debt collector or credit bureau shall:
(1) not later than the fifth business day after the date of the admission, correct the item in the relevant file; and
(2) immediately on correction of the item send to each person who has previously received a report from the third-party debt collector or credit bureau containing the inaccurate information notice of the inaccuracy and a copy of an accurate report.
(d) If the third-party debt collector or credit bureau states that there has not been sufficient time to complete an investigation, the third-party debt collector or credit bureau shall immediately:
(1) change the item in the relevant file as requested by the individual;
(2) send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection © and a copy of the changed report; and
(3) cease collection efforts if the item involves a debt.
(e) On completion by the third-party debt collector or credit bureau of the investigation, the third-party debt collector or credit bureau shall inform the individual of the determination of whether the item is accurate or inaccurate. If the third-party debt collector or credit bureau determines that the information was accurate, the third-party debt collector or credit bureau may again report that information and resume collection efforts
It is expected that, within 30 days of the receipt of this letter, as provided on the Return Receipt card from the United States Postal Service, your office either provides the necessary documents for validation of this entry, or discontinues all collection efforts. If you fail to validate this debt correctly pursuant to Texas and Federal collection law, I demand all collection efforts to cease and desist and prohibit this debt from being sold, transferred, or referred to any third party.
In addition, please make all communications regarding this matter to me in writing as any other communication is inconvenient for me.
Sincerely,
your name
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The above letter is one I put together some time ago and is the first letter I use in Texas for validation. The wording is referencing a dunning letter. If you never received a dunning letter and they are on your reports, simply change the verbiage to something along the lines of "This letter concerns a collection entry I discovered on my credit report"
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