New Post/Thread Notification: CreditWrench

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Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of I have proof that I paid! What do I do now?.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=720

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I've gotten a collection notice from OSI Collection Services, Inc. about a claim that I owe Fedex some money (about $30). Now I've only used Fedex once and it was for sending a letter priority overnight. The notice has the tracking number and I found the Airbill and the receipt showing that I paid for this. What's the best way to proceed? I already have proof that I paid this so should I still just go for validation of debt when I can send them copies of the proof that I don't owe anything?
I'd probably do both at the same time. You are apparently within the time limitations (30 days) so I'd demand validation and send copies of the proof that you don't owe them anything.

Send them certified mail, of course. If they keep on bugging you after that let us know and I'll clue you in on what to do next.
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New Post/Thread Notification: ASK AN ATTORNEY

Hello,

ICU812 has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=700

Here is the message that has just been posted:
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Since last I wrote, the following events have occured:

Experian and Equifax have each reported the "alleged" debt is in Collections with no comment attached.
TransUnion has reported the debt in Collections, with Remarks indicating that "this debt is dsputed by Consumer."

My husband and I will be signing a Construction Loan for our new house on Aug 27, 2005. That loan has already been approved.

However, two weeks ago, we applied for a Contractor's account at Lowe's using our Letter of Approval from the bank. On a letter dated July 18, we were DENIED the contractor's account due to information contained in the Equifax Credit Report.

NOW, if TransUnion reports that this alleged debt is disputed, and Experian and Equifax do NOT, how would I determine if Armor Collections was negligent by not reporting the dispute to the CRAs, or if Experian and Equifax are negligent by not including the CA's statement.

If Armor did not report that info to the 2 CRA that do not have that statement, would this be another cause for action against them under the FDCPA?

Conversely, if Armor did supply that info, but the 2 CRA's did not include it, would they be liable under the FCRA?
Write to the CRA's and ask them. Be polite, tell them you have disputed it with the CA and that you are wondering why it is not listed as in dispute. Request that they validate and ask for the name of who they contacted, address, phone number. Tell them to take the additional time if necessary. I believe it's 30 days +15. They should correct it or say it's ok as is. If it's the latter, I suspect it's proof that the CA didn't report it to the CRA as in dispute. That's a violation. The denial for the construction account is additional damages. $How$ much you will have to determine.
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New Post/Thread Notification: CreditWrench

Hello,

sixfigurenow has just posted in the CreditWrench forum of CreditWrench under the title of About to get behind on credit cards.....

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=717

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While my wife and I were separated she ran up quite a sum on credit cards, arounf 70K, I have been paying the minimum payments, got some interest rates lowered but with the consolidation of so many banks now and they have been changing interest rates, it has now become a burden. Right, wrong or indifferent, I have paid them thousands in interest so I don't have the moral feelings I once had and now I need to know what to expect when I stop paying.

They are BankOne which was FirstUSA and now Chase and the others are MBNA. The majority is with Chase and was thinking if I stopped paying them could put alot more towards the smaller ones.

This may not be the forum for this information but was thinking if I did stop paying, then eventually they would go to collections and then I could utilize CreditWrench to help. With this kind of money I am sure they would do everything including sueing to get me.

If anyone has a similiar situation and can let me know how things went with them, I would appreciate it. One last comment; I may be coming into a sum of money down the road and I might could negotiate a settlement with them but by the time they tack on all their fees the debt would be huge.

Help!
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New Post/Thread Notification: CreditWrench

Hello,

Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Original Creditor.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=718

Here is the message that has just been posted:
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Hi Bill,

The letter came from a Credit Union not a 3rd party debt collector. This is why I decided I should ask whether or not we should treat this credit union as an original creditor or as a 3rd party debt collector. Utah is not on the list of 23 states so they will have to be treated as an original creditor in this case. You can send them the CREDITWRENCH VAlidation LETTER but if they fail to answer it they still have not committed any violaton. [/quote]
Do you think we should contact the Social Security to make sure her SS# wasn't assigned to 2 people with similar names?[/quote] I think that would be a waste of time and effort.


<!-- / message --><!-- sig --> Again your information has been very helpful. If you would like to continue this with you in private or in the students lounge, please let me know. I will be happy to continue this right here in open forum. I see no problems with doing that so far in this thread.
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New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Raidix has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=700

Here is the message that has just been posted:
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UPDATE::confused:

Hi Guys:

I hope and pray that you are still monitoring, and will take the time to respond.

Since last I wrote, the following events have occured:

Experian and Equifax have each reported the "alleged" debt is in Collections with no comment attached.
TransUnion has reported the debt in Collections, with Remarks indicating that "this debt is dsputed by Consumer."

My husband and I will be signing a Construction Loan for our new house on Aug 27, 2005. That loan has already been approved.

However, two weeks ago, we applied for a Contractor's account at Lowe's using our Letter of Approval from the bank. On a letter dated July 18, we were DENIED the contractor's account due to information contained in the Equifax Credit Report.

I pulled each of the credit reports on both my husband and myself today. The ONLY negative item is the Collection Account on MY report, which does NOT indicate that the debt is disputed on the Equifax Report.
My Credit Summary from Equifax states:
Type of Account # of Accounts
Mortgage 4
Installment 5
Revolving 13
Total Accounts 22
Total Accounts in Good Standing 21
Accounts Currently Past Due 0
Negative Account History 0
Accounts in Collection 1

NOW, if TransUnion reports that this alleged debt is disputed, and Experian and Equifax do NOT, how would I determine if Armor Collections was negligent by not reporting the dispute to the CRAs, or if Experian and Equifax are negligent by not including the CA's statement.

If Armor did not report that info to the 2 CRA that do not have that statement, would this be another cause for action against them under the FDCPA?

Conversely, if Armor did supply that info, but the 2 CRA's did not include it, would they be liable under the FCRA?

ALSO, my research into contract law refers to the "4 Corners" of a valid contract. I cannot find a site that defines these corners, but is it correct to assume that in a retail transaction,
1) Something of value has to be sold
2) The price of this item must be identified
3) The buyer must agree to purchase

AND, IF it is true that I actually used the VMC site to purchase Dish Network satellite service, I know that had I known that I was going through a reseller, which required a one year's commitment, I would NEVER have completed the transaction, since our house was listed with a realtor at that time.

My pitiful understanding of contracts lead me to believe that this company is engaged in UNCONSCIONABLE actions. If this case has merit enough for a suit to be filed in federal court, could the contract itself (or the lack thereof) be an object of scrutiny for the court? Would the original creditor (VMC Satellite) even be affected by a suit under either of these two Acts?

If not, is there any type of suit that could be filed in Lousiana to STOP a company headquartered in Virginia from engaging in unscrupulous business practices?

I do not know if my situation is unique, but all of these Acts seem to be inter-related in this case, and it is overwhelming to me. I am persisting in my research, however, and your support and insight is of incaluable worth to me. Thank you for EVERYTHING!
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New Post/Thread Notification: CreditWrench

Hello,

Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Original Creditor.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=718

Here is the message that has just been posted:
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We live in Utah. We have been dating now for almost 5 years now. I have been working with her to get all of her credit cards paid off. So, now she only has one active credit card. All of the others have been cancelled and paid off. Neither one of us had heard of this credit union until they sent her a notice she needed to bring her account current. She believes it may be an identity theft. The letter came addressed to her in her maiden name which she hasn't used for the last 35 years.
Ok. That helps some. If she believes that it is a case of identity theft then she needs to file an identity theft complaint with the local police department. That would be the first step. The second step would be to do the same, file complaint with the FTC over identity theft.

But there is also the very real possibility that it isn't identity theft at all but rather some collection agency who simply has the right name but the wrong actual person. That happens about as much as real identity theft cases do. So she needs to stop thinking in terms of her having to prove that she don't owe the debt (if that is indeed the way she is looking at the situation) and start thinking in terms of making them prove that she does owe the debt.

One should never try to prove a negative. And one should also never try to prove how smart they are by sending off a validation letter containing a bunch of silly questions or legal gobble-de-gook. After all, the point is to force them to prove how smart they are rather than trying to prove to them how smart you are. They don't listen too good anyway.

One should prepare himself for the time when he very well might have to prove how smart he is and should be well prepared to make that a very expensive lesson indeed for them.

She should also contact the origianl creditor and attempt to find out when the last payment was made on the account or if any was made at all and record the phone conversation and ask the creditor to send that information to her by mail. That establishes when the actual date of last activity was which then marked and commerated the start of the statute of limitations and tells her whether or not she has a SOL defense in the event that she is sued over the debt.

So she has not one but rather three things to worry about. Possible identity theft and the possibility that she might be sued for the debt whether she actually owes it or not plus the damage to her credit reports.

If it is identity theft she has to make a positive effort to establish that fact by filing reports with the proper authorities.

If it is simply a case of mistaken identity by a debt collector she has to take immediate and positive steps to build her defense by making them prove she owes the debt.

Clear up the problem and then worry about credit reports, not the other way around.
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New Post/Thread Notification: CreditWrench

Hello,

Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Original Creditor.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=718

Here is the message that has just been posted:
***************
We live in Utah. We have been dating now for almost 5 years now. I have been working with her to get all of her credit cards paid off. So, now she only has one active credit card. All of the others have been cancelled and paid off. Neither one of us had heard of this credit union until they sent her a notice she needed to bring her account current. She believes it may be an identity theft. The letter came addressed to her in her maiden name which she hasn't used for the last 35 years.
Ok. That helps some. If she believes that it is a case of identity theft then she needs to file an identity theft complaint with the local police department. That would be the first step. The second step would be to do the same, file complaint with the FTC over identity theft.

But there is also the very real possibility that it isn't identity theft at all but rather some collection agency who simply has the right name but the wrong actual person. That happens about as much as real identity theft cases do. So she needs to stop thinking in terms of her having to prove that she don't owe the debt (if that is indeed the way she is looking at the situation) and start thinking in terms of making them prove that she does owe the debt.

One should never try to prove a negative. And one should also never try to prove how smart they are by sending off a validation letter containing a bunch of silly questions or legal gobble-de-gook. After all, the point is to force them to prove how smart they are rather than trying to prove to them how smart you are. They don't listen too good anyway.

One should prepare himself for the time when he very well might have to prove how smart he is and should be well prepared to make that a very expensive lesson indeed for them.

She should also contact the origianl creditor and attempt to find out when the last payment was made on the account or if any was made at all and record the phone conversation and ask the creditor to send that information to her by mail. That establishes when the actual date of last activity was which then marked and commerated the start of the statute of limitations and tells her whether or not she has a SOL defense in the event that she is sued over the debt.

So she has not one but rather three things to worry about. Possible identity theft and the possibility that she might be sued for the debt whether she actually owes it or not plus the damage to her credit reports.

If it is identity theft she has to make a positive effort to establish that fact by filing reports with the proper authorities.

If it is simply a case of mistaken identity by a debt collector she has to take immediate and positive steps to build her defense by making them prove she owes the debt.

Clear up the problem and then worry about credit reports, not the other way around.
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