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Ruth



Joined: 07 Aug 2009
Ruth's page
Posts: 7



286 Magic Points

Subject: verizon charge off
 
Posted on Thu Sep 17, 2009 5:45 am  

so, my husband had a bill from Verizon Wireless that i was disputing and trying to get validated. Today, I get a notice that they are now showing this account as a "charge off", and another outside collection agency has now sent my husband a collection letter to collect on this account. How do I dispute this with the with the credit bureaus and does this drop our credit score? I have already written the new CA my whole story regarding Verizon Wireless unable to validate this account for the past 4mos. What suggestions do you have?
Justin

Justin

Joined: 17 Jul 2006
Justin's page
Posts: 1238



28944 Magic Points

 
Posted on Thu Sep 17, 2009 9:27 am  

Hi Ruth,

Well, a ‘charge-off’ in your credit report definitely affects the credit bad in an adverse way. Your credit score may receive a blow with the presence of such a term. I am afraid you have to write another debt validation follow-up letter to the collection agency asking them to prove your debt. If they cannot prove it within 30 days time then your debt stands canceled. You are no longer liable to pay the debt according to the Fair Debt Collection Practices Act (FDCPA).
If they still persist, then you can file a complaint to the FTC (Federal Trade Commission) and the State Attorney General.
_________________
All the Best Smile
Justin
carol

carol

Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California


30036 Magic Points

 
Posted on Thu Sep 17, 2009 11:41 am  

Hi Ruth

Don't dispute the debt right now. Send them the debt validation follow-up letter as Justin has advised and attach with it a copy of the previous DV letter that you had sent them as proof. I hope you had requested for debt validation through registered post and asked for a return receipt? You must have the receipt also as proof to show that they did receive your DV request. When sending this follow up letter also do so through registered post. I know this may be a little expensive, but you should be safe and this will help you avoid future hassles.

Besides Ruth, go through the contents of the follow up letter as Justin has attached for you and revise the contents according to your needs. Also ask your husband to send a DV letter to the CA who is calling for the debt.

A charge-off does affect your credit score and not positively too. But I am afraid you will need to go through these processes before you can remove the charge-off and lift your score. Let me know if there is anything more.
_________________
Keep in touch
Carol
kara
Guest






Subject: collections
 
Posted on Tue Sep 22, 2009 2:07 pm  

I' am having a similar problem. I requested debit validation back in May of this year. The acct that I had was charged off back in 06'. The new ca just got back to me this mouth. 3mths later. They sent me copy's of past credit card statements from the original credititor.

I noted that you had mentioned, if they do not validate the debit within 30 days this it stands canceled. Please help:( what do I do next. Thank you for your time Kara
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



94 Magic Points

 
Posted on Tue Sep 22, 2009 6:52 pm  

Kara, I do not believe credit card statements from the original creditor is valid proof. They are suppose to present you with the original signed contract. Now if they did not provide validation in a timely period, say 30 days, you an dispute the debt with the credit bureaus. Make sure you have the proof to show you ask for validation and also let them know what they sent three months later was not proper validation.
Kara
Guest






Subject: Thank you
 
Posted on Tue Sep 22, 2009 7:28 pm  

Thank you fireone,

I get soooo scared and dont want to be sued. The only thing that is still scaring me is that in the cover letter that they mailed me, it states "based upon the verification, it is our intention to continue with collection activity. How do I stop them from going after me?

They also sent an affidavit from the first ca that bought it from Chase. Does this mean anything? And that pretty much just states what is on the statements that they mailed. No signed contract by me.

Thank you again for you help.
Kara
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



370 Magic Points

 
Posted on Wed Sep 23, 2009 2:23 am  

Kara,

Relax, but be ready to keep dealing with them for quite a while, I had a similar situation, except it was Providian card that was supposedly sold to CACH, LLC. Now they were some aggressive jerks, even filed a lawsuit with my local courthouse, I kept insisting that the affadavit was heresay and that person better be ready for a supina, it has been over two years and they still have not gotten me into the court room.

I am going to file a 180 day rule dismissal here soon, going through some other junk right now.

Know the laws and know your local or state civil procedure, it could make or break you.
kara
Guest






Subject: Thank you Again
 
Posted on Thu Sep 24, 2009 10:07 pm  

I have relaxed. lol It's that shock at first. These CA'S suck. I dont understand how they get away with what they do.

Should my next step be to write the ca a letter or the credit bureaus? I have the registered letter dated from them back in may.

Thank you again for all your help. Once I get on here and talk about the problems iam having I calm down ALOT.

Kara
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



370 Magic Points

 
Posted on Sun Sep 27, 2009 1:38 pm  

Once these jerks started the suing process with me I turned the tables on them and sent the debt validation letters via certified mail, return reciept requested for about 4 months straight, each time they would send me garbage that could not be used in court.

I have compiled all the information. I have not heard from them in a long time, knock on wood. I know it is still active in our court, I am going to look into civil procedure, I think that you have a time period that you must act or have a court date and I do believe that they have went way past that time frame.

I think they depend on people freaking out, they sure do not depend on people taking the opportunity to get educated and fight them on it that is for sure.

goodluck and keep us updated.

Kara, why don't you register so you help out, we all give advice by personal experience, I am sure that you will be able to help others who go through this same experience.
kara
Guest






Subject: register
 
Posted on Mon Sep 28, 2009 4:17 am  

All I can keep saying is THANK YOU. I will keep you updated and are going to right a letter to the credit bureaus to see where that gets me. I am going to register. I think it's the least I can do. I have got soo much from this sight. And the letters you guys have are GREAT.
Kara



Joined: 28 Sep 2009
Kara's page
Posts: 5



108 Magic Points

Subject: intention t file litigation
 
Posted on Mon Oct 05, 2009 3:31 am  

Ok goodnatured, I need your help again. I just received a letter of intent to file. What do I do now? Do I still write the credit bureaus or the ca? And if the Ca what letter do I use?

Thank youKara
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



370 Magic Points

 
Posted on Mon Oct 05, 2009 11:02 am  

Who is the letter from, give the company name and address please and I will look them up and see what I can find on them for you. Is this the same as above, same situation?
Kara



Joined: 28 Sep 2009
Kara's page
Posts: 5



108 Magic Points

Subject: Intention to file Litigation
 
Posted on Mon Oct 05, 2009 4:47 pm  

Good morning Goodnatured,

The letter is from Winn Law Group in Fullerton California. I do live in calif. And yes it is the same as above. Address is 110 E. Wilshire Ave Suite 212 Fullerton Ca 92832-1109. I was also going thru some old paperwork and have found that this chase acct that Winn Law is trying to collect on has been sold serval times. And the original acct was with Bank one. Not chase, Chase bought out Bank One. So I know I never signed a contract with chase.

Thank you Kara
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



370 Magic Points

 
Posted on Fri Oct 09, 2009 2:34 am  

Then you are in the same situation as I am, I had a card with providian, Cach, llc bought the account, they attempted to collect but could not provide me with the documentation. I just wanted debt validation and a concrete plan in writing so that when it was done it was done. Well long story short, they did not provide it, about a year later I got the court paperwork, I answered the summons and continually sent the law firm debt validations, certified mail, return reciept requested. It has been over two years, December will make 3 and still no hearing.

Just make sure that you follow through on your end, send the debt validations, answer the letters they send and follow up.

remember the minute you pay one dime starts the statute of limitations all over again.
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



94 Magic Points

 
Posted on Tue Oct 20, 2009 11:55 pm  

What exactly is an intent to file suit letter? As you well know I am dealing with my own credit nightmare. I always thought if they could not produce the original contract then they could not pursue the debt in court and win. I am looking for an original contract because my debt in untraceable for me.
My situation is similiar to Kara's, It is supposedly an old Chase NA debt..who bought Providian and the apparently sold and transferred my account (probaly to a debt collector) but never changed the debt to list on the negative side. What a headache. scums anyway.

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