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First question I have is Are Discover Card and cirrus the same thing? Looking forward for any answer. Another question I got... I have my very last collection agency on my credit report. I did EVERYTHING under the sum (PFD, DV, 1-2 Punch, etc); these suckers will not budge. Plus they are not in violation (I waited two years to see if they would do something incriminating).. |
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Ye, however you might want to make sure and wait for another person here to confirm my answer as I am not completely sure. Better yet, why don't you call the Discover Card guys because they can assist you better...
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May be your only recourse now is a pay-for-delete, pony up da $$$..
IF you do this, triple-check the paperwork to make sure you really do get a deletion..... |
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Yeah, I tried teh PFDs it was a no go and the bad thing was; I was offering the full amount...
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Yeah, they wouldn't even talk to me. They just sent me straight to the CA...
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Yup. Even had a lawyer review my lease, my informaiton I collected from the collection agency, etc. So everything was done to a T..
Just so I'm clear; if I pay them it will just show a paid collection on my credit report and restart the clock....right? I have three more years left before it's remove from my reports?.. |
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Illinois SOL.
Breach of contract for sale under the UCC: 4 years.. Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.. Domestic judgments: 20 years, but can be renewed during that 20-year period.. Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.. Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.. Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118. Damn, 10 years is a long time.. |
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MyFICO Equifax report =/= Equifax report Equifax mails to you..
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No...it will NOT restart the clock if you pay it....
What's the backstory on why and how the lease was broken?.. |
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I was engaged at the time (the lease is under my ex-finance's name as well); we called off the engagement and he left and I was stuck with the apartment. I made timely payments until two months before my lease was broken; I spoke with teh property manager told him I couldn't afford the apartment anymore and I left (I cleaned it up and give him the keys). I told him that I can make payment arrangements and he told me that his "office" will be in contact with me. Well taht's when I received a letter from Hunter Warfield (CA).
I tried EVERYTHING to deal with these people. 1-2 punch, restrictive endorsements, PFD's, I tried to see if the CRAs will remove them, everything. But nothing worked. So technically, I owe the money (back rent and the two months of late fees owed on the apartment) and I don't mind paying (with Discover card) for what I owe. I just want to have this paid collection removed from my credit reports. But I can't seem to get the CA to agree on anything. They always want me to call and speak with them. I'm not doing that; so it's to bombard their legal department with a PFD every month to they agree. Or just payoff the collection, so I can get another apartment. I feel that my hands are tied... |
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Hunter Warfield.
1/1/07 Opened. 10/15/07 Last paid (before CB). $1,354 balance. 6/24/09 date reported. $1,798 originally amount owed. Account seriously past due date/account assiged to attorney, collection agency, or credit grantor's internal collection department.. Equifax:. Collection on debt to: Brookhill Apts. The collection agency "285yc01626" was hired to collect a debt of $1,798 originally owed to "Brookhill Apts" on account number "XXX5569".. Collection agency [?] 285yc01626. Original balance [?] $1,798. Current balance [?] $1,385. Status [?] Unpaid. Date assigned [?] Jan 01, 2007. Date reported [?] Jun 01, 2009. Date last active [?] Dec 01, 2006. Date paid [?] Not Reported. Date closed [?] Not Reported. Original lender [?] Brookhill Apts. Account number [?] XXX5569. Type of account [?] Not Reported. Account holder [?] Individual. Type of credit [?] Not Reported. Payment status [?] Not Reported. Largest past balance [?] Not Reported. Amount past due [?] Not Reported. Account descriptions [?] Not Reported. You said you D/v or did the 1-2 punch and if this is the case and. If this is reporting exactly as it is on your reports? If so I see a BIG mistake!!. No one else see's it?.. |
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Ok, just to be sure you say paid collection. do you mean that you paid this?.
One thing you can try for is Send a letter to the landlord requesting to know when the apartment was next rented. They can't seek money for time it was rented to someone else... |
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What mistake do you see?.
Im tryin to see what youre seein!.. |
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Its not there and that is the mistake the CA made!!.
He said he D/V'd them in other words he disputed the debt.. "IF" what he posted is the way it is on his reports then they are in violation ,by the fact that they didn't mark the account in dispute a violation under the FDCPA. Here's the problem if he dv'd them over a year ago there is a 1 year SOL for filing violations on FDCPA violations so he would have to jump that hurdle. if it was me and under a year I would be down at the SC court tomorrow filing a suit and sending a settlement letter with it, I drop the suit if you delete!!. Just my 2 cents.. |
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Interesting...
This young grasshopper has more to learn....and a new angle on two accounts.. |
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SOL for filing violations on FDCPA is one year? where is that?..
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Keep in mind that the SOL would begin upon the most recent update to the account...June 2009 in this case....
Of course, that's assuming it was disputed prior to June 2009.... Otherwise, what I'd do is fire off another dispute (just to be clear with the CA), then a dispute with the CRAs...and see if they update it properly...if not...it's a violation.. |
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Why give them another chance to get it right this time and then lose any chance of getting it off?.
If the info put up by the OP is correct I would go for it now. with him being in another state and the fine being just less then what he owes I would trade a deletion for 1k.. Once he files they have two options accept his offer or go to court.. Been there done that and never loss or went to court!!. Other wise I agree with you 99% of the time 67. + the CRA are really good about marking in dispute now so even if they didn't there is a really good chance they will. This post has been edited by screwedbysears: 01 February 2010 - 06:54 PM.. |
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Asking for DV is NOT a dispute unless you specifically state in your letter that the account is in dispute...
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Really? Obviously it's better to include it, but it's not the end of the world if a newb left it out.....
FTC LINK. 1 Courts interpreting Section 809( b ) have used the phrases €œdisputing the debt,€?. €œrequesting verification,€? and €œrequesting validation€? interchangeably. See, e.g., Jang v. A.M.. Miller and Assocs., 122 F.3d 480, 482 (7th Cir. 1997) (collection agencies €œceased collection. Activities immediately upon receiving the requests for validation, in compliance with [Section. 809( b )]€?); Wilhelm v. Credico Inc., 426 F. Supp. 2d 1030, 1036 (D.N.D. 2006) (debt collector€™s. Section 809( b ) obligations triggered €œonce a debt collector receives a request for verification€?);. Sambor v. Omnia Credit Servs., Inc., 183 F. Supp. 2d 1234, 1243 (D. Haw. 2002) (debt. Collector€™s Section 809( b ) obligations triggered €œ[w]hen timely asked in writing to validate a. Debt€?); see also Clark€™s Jewelers v. Humble, 823 P.2d 818, 821 (Kan. Ct. App. 1991) (a. Consumer need not use the word €œdispute€? to trigger the debt collector€™s obligation to cease. Collection and provide verification of the debt, as long as the consumer€™s notice makes clear that. The debt is contested).. Also, OP's reports are not hard copies. Get the hard copies OP... |
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OP was there a security deposit if so was it applied to the balance. As said before you need to find out when the apartment was rented after you moved out as they can not double charge for rent. Where you there for over a year? If so and the complex is over 25 units and you had a security deposit. Did they pay you interest on the security deposit? I would suggest you contact Douglas Pensack at the Illinois Tenant Union at (773) 478-1133 or www.tenant.org...
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