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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Thu Dec 10, 2009 2:40 am
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If you have the opportunity to work with the original creditor then that is what you should do, that would take care of all these knucke heads, they would be completely out of the picture and you would not have to deal with them at all.
Beside working with the origianl creditor can help you with your credit report also, the collectors on the other hand do not have the power to change the original creditors information on your report, but the original crditor can. |
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pblakk
Joined: 10 Dec 2009
pblakk's page
Posts: 2
50 Magic Points
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Thu Dec 10, 2009 3:19 am
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Hi goodnatured, wow quick response!
Yes, I already called them like 4 times today, and they claimed they have no idea who this new CA is or anything. I also have a payment set up with my original creditor which matches their guideline of my current minimum due, so I can actually catch up... so I think I should be fine. Just that I really don't know who these people are, and what they are capable of.... I found another website and they refer to this James A. West office as the 'legal enforcers for United Recovery Systems' - which happens to be exactly the original CA assigned by the original creditor (whom they confirmed were assigned).
I think I am over-worried about this.. I appreciate your help! |
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Patti Randolph
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Subject: judgement
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Mon Dec 14, 2009 2:20 am
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| I got a judgement left on my garage floor I responded to it within 3 days, I wrote a letter to the judge and ask for the credit agency to provide me with validation on the debt never heard until now with a judgement was issue? now what I do? |
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Patti Randolph
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Subject: judgement
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Mon Dec 14, 2009 2:22 am
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| was never given to me on my hands, it was left on garage floor. I cannot afford a lawyer, I need to move quickly before a lean is put on my house. help |
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davephx
Joined: 26 Dec 2009
davephx's page
Posts: 4
87 Magic Points
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Subject: Summons on Floor
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Sat Dec 26, 2009 8:00 am
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Depends on your State how summons and complaint can be delivered.
I had mine served on a a handyman while I was gone. But if you answer it you are admitting service. |
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davephx
Joined: 26 Dec 2009
davephx's page
Posts: 4
87 Magic Points
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Subject: Debt Validation not as good of defense as seems sadly
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Sat Dec 26, 2009 8:05 am
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Has anyone ever avoided a judgment because validation did not include the original signed agreement? I have read this entire thread and postings on many other similar blogs and it is not encouraging.
As I understand it, not getting VD has no bearing on lawsuit against you. You can only sue for a FDPA violation and if you win get up to $1000.
But what verification required is vague and from my scouting many boards (and reading this entire thread) all the news is bad.
If you really want to fight in most States its very complex so very hard to do pro se, and most of us can't afford thousands in attorneys fees to get a lawyer.
After you file an answer to Complaint you can file a ton of discovery requests as can the cc debt holder. In AZ we have to file a Rule 26.1 Disclosure within 40 days of our answer as does the other party.
Than the cc debt holder files for Summary Judgment
We have to file "Response to Motion for Summary Judgment"
The way some cc lawyers prove the debt is by Affidavits statements from a person at the cc company saying they have personal knowledge from the records of the legitimacy of the debt.
We have the legal argument that since the Affiant did not personally witness us signing the document and in fact may not have even seen the original signed document, it is inadmissible hearsay.
In order to make that argument we have to file a Motion to Strike Affidavit and worse it has to include a Memorandum in Support Of Defendants Motion to Strike Affidavit in Support of Plaintiff's Claim. To be strong you need to cite cases in your own State to support your motion.
In my case I used
Arizona Rule of Civil Procedure 56 also sets the standard for affidavits: “Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.” See also Ariz. R. Evid. 901(b)(1) (authentication includes “[t] testimony that a matter is what it is claimed to be”).
Affiant did not have personal knowledge of the facts to affirmatively show she was competent to testify. On summary judgment, a witness must demonstrate (1) familiarity with the person who prepared the document and (2) the manner in which it was prepared. See Villas at Hidden Lakes Condos Ass’n v. Geupel Constr. Co., 174 Ariz. 72, 82, 847 P.2d 117, 127 (App. 1992) (finding that an association failed to establish a prima facie case entitling it to summary judgment because its supporting affidavit did not provide foundation for the affiant’s personal knowledge and conclusions, nor did it demonstrate his familiarity with the person who prepared the affidavit exhibits or the manner in which they were prepared); Chess v. Pima County, 126 Ariz. 233, 235, 613 P.2d 1289, 1291 (App. 1980) (an affidavit does not comply with the rule when “it contains conclusions and fails to show that the affiant is competent to testify to the matters stated therein”).
But only those in AZ can try and use these cases, and whether or not it will work is very iffy. It totally depends on the attitude of the judge and it seems most are not that consumer friendly. |
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westway
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Subject: Dispute letters after sending out DV letter
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Wed Jan 20, 2010 1:10 am
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I just sent out my first DV letter and i did send it certified but i was wondering if i need to seed out dispute letters to the CRA's because i send out the DV letter to a collection agency.
Any help would be great |
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westway
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Subject: Dispute letters after sending out DV letter
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Wed Jan 20, 2010 1:13 am
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| I was wondering if i need to send out dispte letters to the CRA's after i sent out my first DV letter |
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b3089j
Joined: 22 Jan 2010
b3089j's page
Posts: 1
9 Magic Points
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Subject: process
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Fri Jan 22, 2010 3:29 am
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| Hi, can anybody tell me the process of initiating credit repair once you have a copy of your reports. |
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Aaron
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Subject: credit repair
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Wed Jan 27, 2010 11:12 am
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Hi b,
There are various ways in which you can repair credit. Firstly, you should check whether or not there are any wrong negative listings in the report. If there are any dispute these with the credit bureaus. Then check if there are any dues left, then pay them as required, after negotiating with the creditors for a pay for delete agreement. Other than this create a new credit account, which must be secured.
Hope this will help you.
Regards,
Aaron |
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westway
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Subject: credit repair
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Wed Feb 03, 2010 2:53 pm
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hello everyone, i have a question??
I have gotten off some off my bad credit off my accout with debt validation letter but i still have the oc on my credit report. How do i get them off my credit? Should i send them validation letters also? How do i check if they SOL is up on them? IF it is how do get them off my credit what letter do i send them? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Subject: credit repair
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Thu Feb 04, 2010 7:57 am
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Hi westway,
Yes you can send debt validation for the oc. However first check the SOL in your state. SOL depends not only on the state where you are living but also on the type of account your debt is on. So check the details of SOL according to your state and account. If the SOL has expired the creditor can't sue you. However if it has not, you need to contact the creditor and tell them that you are willing to pay the debt, and request them for a pay for delete agreement. With a pay for delete, the creditor will ask the credit bureau to remove the item from your credit report. Your credit report will then show either "paid in full" if you pay the amount in full or "paid as settled" if you settle the amount to be paid with the creditor.
For a sample pay for delete letter you can check http://www.creditmagic.org/repair/pay-for-delete.html
_________________
All the Best 
Justin |
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Ana
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Subject: Can you include.....?
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Tue Feb 23, 2010 3:14 am
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I have paid my original creditor Reliant Energy but NCO financial put the collection on my credit report recently. It seems both happened almost at the same time.
I want to send a debt validation letter to NCO and want to include the payment confirmation to Reliant on it. Should I do this?
ON THE SAME NOTE:
I have 2 collection companies for the same creditor showing up on my credit report with different balances due. Do I just send them both DEBT VALIDATION LETTERS and should I include the info for the other company on it so they know there are 2 of them collecting on this? I want to take care of the balance but who do I pay?
THANKS EVERYONE! |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: wrong information on credit report
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Tue Feb 23, 2010 10:47 am
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Hi Ana,
Debt validation letter is sent when you are not sure whether or not you owe the debt, or how much you owe. If you are sure that you owe nothing, you don't need to send a debt validation letter to the collection agency (CA).
Did you check your credit report before, when you owed the debt? Then did you check the status of your account? Now, when you checked your report, did it reflect as satisfied? If it is so, you can directly send a "cease and desist letter" to the CA, with the proof of your payment to the original creditor.
However, if the credit report is still not reflecting your account as paid, you can contact your original creditor, and inquire into the matter. After, this issue gets settled on your credit report, you can send "cease and desist letter" to the CA.
As for your second question, I think that the account has been handed over from one CA to another. Thus, it is reflected as under 2 different agencies. You can send the debt validation letter to the CA who now owns the account and pay the due amount to them.
Hope this helps.
_________________
Keep in touch |
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anna
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Subject: payday loan
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Thu Feb 25, 2010 11:44 am
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| I need an e-mail address for money and more in california. |
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