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carol

Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Tue Mar 24, 2009 3:36 am
 
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If the creditor do not properly validate the debt within 30 days from the date of receipt of your debt validation letter, you can send a second letter telling them that they have violated the provisions under the Fair debt Collection Practices Act by not validating the debt properly and so they should immediately remove the negative item from the credit report. _________________ Keep in touch
Carol |
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k wise
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Subject: school loans subjected to identity theft
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Tue Mar 24, 2009 10:27 pm
 
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| please give informaton on school loans when a victim of identify theft |
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carol

Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Wed Mar 25, 2009 6:13 am
 
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If you think that you have been a victim of identity theft, file a complaint with the Federal Trade Commission online and become a registered victim of identity theft and update it by calling FTC at 1-877-438-4338. Next you should file a complaint with the local police station by submitting a copy of your online complaint and your identity proof. _________________ Keep in touch
Carol |
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Randy
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Subject: Collection in Arizona
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Wed Mar 25, 2009 9:48 pm
 
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| A collection agency in Arizona has been seeking to collect a debt ($500 approx.) they say my son, a U of A student, owes to a property management company. I sent a return receipt letter requesting validation of debt and an itemized bill. Collection agency responded with a copy of a lease agreement he HADN'T signed--his roommates signed it prior to his arrival--and a bill stating, "Amount Referred" and "Other Charges"--the collection fee, which was 35%. So, although they told me what my son owes, they didn't identify what they're charging him for; and, without a contract signed by my son, they don't seem to have validated his debt (or the right to charge a collection fee). In situations like this, do collection agencies "fish," hoping someone will pay? Or do they follow through by reporting the debt to credit reporting agencies? If they do, are they vulnerable to penalties? |
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Shane Mac

Joined: 23 Aug 2008
ShaneMac's page
Posts: 22 Location: In the South
913 Magic Points
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Subject: Feed up - Not taking it anymore.
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Sun Mar 29, 2009 11:35 pm
 
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"I disdain unfair practices where one, or a handful of lawyers or law firms, use their power to manipulate the law to their advantage monatarily ." Without question this is Unethical !
"Shane McGuirt"
Samuel Shane McGuirt _________________ Shane Mac |
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Justin

Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Mon Mar 30, 2009 7:13 am
 
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If your son has not signed the loan agreement papers, then he cannot be held responsible for the debt. It may be a proper debt validation, but if he has not signed, he is not liable to pay them off. You should keep the papers send by them safely for future reference. Moreover, if they harass you further for the debt, you should file a complaint against them with the Federal Trade Commission. _________________ All the Best
Justin |
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anna
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Subject: answer to a summon
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Fri Apr 10, 2009 1:48 am
 
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I have been summoned and it says to appear, do I need to go or just send the answer, it says from the original credit company and it has come from a lawyer, I want to also know, can i ask for validation of debt
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rAY oGDEN
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Subject: aUTO rEPO ON MY CREDIT REPORT
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Fri Apr 10, 2009 6:12 am
 
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| i AM 63 YRS OLD AND ON DISABILITY. mY SON ASKED ME TO GET A CAR FINANCED FOR HIM AND i DID HE MADE NO PAYMENTS FOR THE FIRST FOUR MONTHS SO I RETREIVED THE CAR AND TURNED IT IN I COULD NOT PAY FOR IT NOW THE FINANCE COMPANY HAS SOLD THE CAR FOR$10,.000LESS THAN I PAID WITHOUT NOTIFING ME NOW IT IS ON MY CREDIT REPORT AND NOW I CAN NOT BUY A CAR. HELP DESPERATE. |
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Justin

Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Fri Apr 10, 2009 6:48 am
 
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Hi Naureen
Yes, you can definitely ask for validation of the debt, but first of all you should visit the court that issued you the summon and file a response with the clerk's office within the date mentioned on the summon, else the creditor may bring a default judgment against you to recover the debt. However, if you receive the response from the court along with the summon, you can definitely fill up the response form and sent it by certified mail with return receipt. _________________ All the Best
Justin |
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carol

Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Fri Apr 10, 2009 9:22 am
 
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Hi Ray
You are liable to pay the amount you still owe after your car has been sold. However, if you do not pay it off, the creditor can sue you and bring judgment against you to recover the debt. Now since you live on social security and ss benefit cannot be garnished, they may not recover the debt, but the judgment in your report will affect your credit score and you may not qualify for a second auto loan. _________________ Keep in touch
Carol |
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naureen
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Subject: time mentioned on summon
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Sat Apr 11, 2009 4:07 pm
 
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| Thankyou for thr reply to my earlier question, I went yesterday to the court and got the form, I asked the clerk she said I had 20 days after beeing served, even though on the summon it says within ten days, I mentioned what it says on the summon, but she says it is always 20 days, now I am in a dilema as to do it within ten days or 20 days, either way I know I have to answer, but I want to prepare for best defence. |
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anna
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Subject: credit validation letter
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Mon Apr 13, 2009 1:35 am
 
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| I plan to send the answer to the summon, I want to follow it up with the letter of credit validation, my question is should I send it to the lawyer who sent me the summon or the credit card company and what should I expect a letter from the court for the date of hearing |
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carol

Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Mon Apr 13, 2009 6:07 am
 
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You should send the debt validation letter to the plaintiff who has send you the summon. If you have received the summon from the lawyer, you need to send the debt validation letter to the lawyer and not to the creditor. However before you send the DV letter by certified mail, you should file an answer to the summon with the date as mentioned on the summon, else the creditor may bring a default judgment against you. _________________ Keep in touch
Carol |
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anna
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Subject: credit validation
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Mon Apr 13, 2009 1:57 pm
 
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| Thankyou Carol for the answer, i want to ask a little more .Is it the lawyer who is suing me or the credit card company, because the plaintiff is the lawyer, because some credit card companies sell their credit to lawyers |
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carol

Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Tue Apr 14, 2009 8:00 am
 
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The original creditor may either sell off the debt to the law firm or have authorized the law firm to collect the debt on their behalf. In either case, the law firm is the plaintiff as they have filed a lawsuit against you. But in you case I think that the creditor has only authorized the law firm to collect the debt. _________________ Keep in touch
Carol |
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