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Got a quick question: My Discover Card with clydesdale bank expired how can I get it renewed? Looking forward for any answer or 2. Another question I got... I had an account that was charged off in 2000, account was opened in 1997. It fell off of my credit report in 2007. The original company I had the account with was sold and now the new company has charged off the debt again. Now it's back on my credit report again. |
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Hmm... I need to find out myself. I don't know what is the answer to your question. I'll do some investigation and get back to you if I got an decent answer. You should email the people at Discover Card as they probably could answer your Discover Card question..
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DOESN'T PASS THE SMELL TEST.
YOU MIGHT BE ABLE TO DISPUTE IT AS OBSOLETE.. |
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Do you have reports from back when it aged off your CRs? Sounds like a slam dunk. Do you live in a one or two party state? Maybe you could get TU lying on the phone. That would be even more fun...
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I'd find out who someone is in middle management and let them know that they placed a item on your credit report that is both past legal/and reporting and if it's not immediately removed you will be filing suit against the company for re-aging the debt...
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No, unfortunately not. My credit reports have been clean since this fell off originally though, scores between 750 to 800..
Should I try and file another dispute with TransUnion? When I spoke with the "new" finance company, they said it was ok for them to do it since the account was never paid. TransUnion said basically the same thing.. I'm in Texas. The car was in my name (title and finance) but the wife got it because it was her primary vehicle. I've been told that snce the finance was in my name I'm legally bound to pay it no matter what the judge says... |
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Everything these people are telling you is BS. You don't have to prove anything - they do. Send a written dispute to the new company, get proof of delivery, or return receipt. Make a file folder, keep copies of everything, in case you end up in court. In your dispute, it does not matter what you say, but do not agree to pay and do not sign anything - print your name rather than sign it - you don't want your signature showing up on some agreement you've never seen. Sounds like these people are that bad, they would forge your signature..
What's the name of the company you are dealing with now? maybe someone knows something about them.. This debt is past the statute of limitations, and this company, and Trans Union, are lying to you and breaking the law. You don't have to prove anything about this debt - they do. Don't let them fool you or intimidate you... |
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"Santander Consumer USA" is the new company. They bought Triad Financial, which is where the account originated...
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Just found one of my credit reports from 5/11/2007. It has no negative entries on it...
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Put that in your file folder for future reference. Just remember - from now on, everything in writing, and keep a copy. If you did your disputes with the credit bureaus over the phone, do them again in writing...
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You need to read up on the additional rights and protections we have in Texas via the Texas Finance Code..
There is a long, but extremely interesting and helpful thread you need to read:. Http://creditboards....howtopic=240327. Now check this out - WHEN did this company put this on your credit report?. According to the Secretary of State in Texas, they have had a bond in place for less than 30 days:. Go here:. Https://direct.sos.s...rs/DCSearch.asp. Enter %santander% under "Principal Name" and set the state to Texas - you will get the same results.. It is possible they did all this immediately after the bond posted, but it is worth looking into.. In any case, read the letter from Centex in the Texas thread. Read the TFC. Attack. Win... |
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Great advice! I knew the Texas people would show up soon. I'm just astounded at what these people are doing. I read some of the complaints online - this is one of those outfits that should get sued by every AG where they operate, from what I've been reading...
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Also search Santander using the CB search engine. There are a few threads about them...
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Thanks for all the responses and links..
To me this is clearly a case of them "re-ageing" the account. But how do I prove that? I came up with two previous credit reports (5/11/2007, June 2008) that do not have any negative information on them. I may have a third report that would have the Original Account on it, so far I haven€™t located it yet.. Santander reported it in Nov/2009. I found out about in December when I got a letter from a BOA Discover card saying they were reducing my credit from $11k to $900. I called them and got it straightened out and they told me to check my Credit Report.. I got my TransUnion report and filed an online dispute for the Santander account. Two days later they resolved the dispute as "verified". That is when I called Santander.. Santander told me that this account was from Triad, which they bought out. They were able to tell the make and model of the car. They offered to settle the account for $1000, and once it was settled they would remove it from my Credit report as paid in full. I told them I would have to think about it and get back with them. They wanted current contact info, but I did not provide any.. Most of the threads I€™ve read are about forcing the CA to verify the debt. I don€™t see any reason why I should send Santander a Debt Verification letter. They pretty much verified it with me over the phone.. At this point I want to either start sending letters, but I not sure what the best approach would be.. 1. Should I dispute this with TransUnion again as a case of "re-ageing"? (Over the phone they have already stated it was ok for Santander to put this on my report again.). 2. Dispute it with Santander stating they can€™t re age my account?. 3. Send letters to both (and the UW)?. Thanks again for all the help... |
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So this was for a car. Was it a repo? Was this an actual TU report? I would be curious to see what kind of dates the report has on it. Also, I am not a pro with repos. It would be one thing if it were a credit card. I will bump this. Someone here knows more about this than I do...
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A this point you need to be starting a paper trail..
All disputes going forward MUST be in the forum of writing, CMMR.. They are clearly re aging the debt.. While your disputes/debt validation letter are out, I would contact a Naca.net attorney and if they "verify" yet again, see what your options are.. FCRA is. Very clear. That debt longer then 7 years and 180 days cannot be reported.. This post has been edited by. Beli. : 05 January 2010 - 05:22 PM.. |
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Yes, it was a car repo. It was repo around Oct 2000. I got my report straight from TransUnion. This is whats shown on the report..
SANTANDER CONSUMER USA #. 8585 N STEMMONS FW. SUITE 1100N. DALLAS , TX 75287. (888) 222-4227. Balance: $4,542 Date Updated: 11/2009 High Balance: $6,442 Past Due: >$4,818< Terms: $0 for 25 months Pay Status: >Charged Off as Bad Debt< Account Type: Installment Account Responsibility: Individual Account Date Opened: 08/1997 Date Closed: 11/2009 Loan Type: Automobile Remark: >Profit and loss writeoff<. Estimated date that this item will be removed: 10/2016.. |
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Update: I found a credit report dated 4/5/02. Here's what the original account looked like:.
TRIAD FINANCIAL CORP/ (XPN+-3908518,TUC+,EFX+) SUBJECT. M 08-1997 11500 0 0 I-9 Coll-P&L 09-2000 00 00 00 37. Hist:09-2000 - LACT 07-2000. Ctgy:Auto loan - equity transfer Term:0 Lmt:0. Profit and loss write-off. Charged off account. Auto loan. $0 Charge Off 07-2000.. |
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Step 1: Do a little dance. Maybe a tango or a salsa..
Step 2: Contact a consumer credit attorney.. They clearly re-aged this TL. Oh boy, if you could get TU to put it in writing that what they are doing is legal. Start racking up violations, you are going to get paid!.. |
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To paraphrase my good friend Inigo Montoya: "This verify word... I do not think it means what you think it means".
So there seems to be some low key community disagreement over the use of the word "verification" and "validation". The words are basically synonyms but I like validation.. That said, the purpose is not to verify that you are the sucker they are trying to make pay:. "Hello...? Is this the credit agency?". "yes?". "I got this thing in the mail that said I owe you money...". "yes! yes!". "uh, I just wanted to make sure you meant to send this to me? Can you verify that it is me you want to pay you? Are you sure you don't want someone else to pay?". "hang on.... [5 minutes later] ... OK, yes, I talked to my manager and we can verify that we definitely want YOU to pay us". "uh... OK then, thanks". "will you be sending a check or do we have to have you arrested? WAIT! are you recording this?". "uh... no... should I be?". "of course not! now listen, we could have you arrested...". "WHAT?". "we don't want to have to do that, but if you don't pay us, well, we are going to turn you over to our disclosure department". "Whats that?". "well, you know how you aren't paying (with Discover card) your Discover card bill?". "I am a little behind.... "well, we know all about the, ahem, shall we say 'membership' accounts you bought at various and sundry internet sites". "WHAT?". "look, it's not a big deal right now, but the guys in disclosures, well, they are going to send your transaction history to your mom". "YOU BASTARDS!". "calm down, we can do this the easy way, your mom does not have to know about your fondness for animal costumes". "OH MY GOD - I'll pay right now!". [mod: if this is over the top, let me know. ].. |
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Do NOT call them again unles you are recording it....EVER....period, end of discussion.
If you had recorded that phone call you DID make to the CA, you'd be collecting 1000 from THEM....very easily.... Send out a basic DV letter (custom written) and question the fact that it was put back on your report after the original came off due to age...hopefully get them to put in writing that since it's new with them they can put it back on...that would be GOLDEN..... |
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Uh, not sure if you're trying to be funny or not. But that is not how it went down. I called them because I did not know what this was. They explained to me where this originated. So I don't see the need to have them verify the debt..
Maybe "validate" is more appropriate word. As in validate the fact to they are illegally re-aging this account. I'll will start drafting my letter to them.. Thanks again to everyone for the help and advice... |
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Question? is that from a snail mail copy of your TransUnion credit file?..
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Its from something called "Landsafe Credit Merge Report". My mortgage broker gave me a copy of it when I was buying my house back in '02...
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Then that's a real tri-merge report. If it was charged off in 07/2000, then more than likely the last payment that made the loan current would have been prior to 12/1999..
That line item antedates your current report more than 7 years plus 180 days.. It is far past the SOL for reporting based on the information you have provided... |
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Anybody have any Attorney references in Dallas that could handle this matter for me?.
Thanks.. |
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I have not used these attorneys but they are two in Dallas you could talk to about your case..
Http://www.deanmalone.com/. Http://warybuyer.com/.. |
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The easiest way is to go to small claims court..
They will either capitulate or else actuslly show up and get slapped with a judgment. Also get the judge to order them to delete the TL... |
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This is a FEDERAL case, using FCRA as your claim..
Www.naca.net. Enjoy the payday... |
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Judge's do not have injunction power under the FCRA. The Judge can't force the CRA or furnisher to delete...
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This is juicy!.
Op keep this thread updated. I know when it is all over you will not be able to discuss. But I really would like to know when you slam dunk these guys!. Go get em!.. |
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Actually, they do..
A judge can issue a remedy based on law or on equity. Equitable relief does not have to be specifically authorized. It is sufficient as long as it is specifically. Not. Authorized... |
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Well I disagree on that issue and I will leave it at that..
Source. Source. Source. Source: Albert et al v. Trans Union et al... |
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You want to help me write my dissertation. Lots of footnotes.
:).. |
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No, it doesn't sound right, and it is flat out wrong - as in illegal...
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