Credit Cards For Fair Credit » Fair Debt Collection Practices Act http://credit-cards-for-fair-credit.com Credit Cards For Fair Credit Thu, 24 May 2012 10:56:41 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Statute of Limitation on a Credit Card Debt. Which State’s Law am I under? ? http://credit-cards-for-fair-credit.com/7192/statute-of-limitation-on-a-credit-card-debt-which-states-law-am-i-under/ http://credit-cards-for-fair-credit.com/7192/statute-of-limitation-on-a-credit-card-debt-which-states-law-am-i-under/#comments Mon, 08 Nov 2010 21:19:22 +0000 Author

Long story short, I moved on short notice and transferred all my info accept for, apparently, one card that slipped through the cracks, to my father’s address. I bounced around for a while and all my other bills kept up with me…

It has been at least 4 years since I have had ANY contact with the credit card company even though I changed my address with the bank which the card was through, which also has my checking account.

They FINALLY decided to look me up (It isn’t as if I’ve been “Hiding”.) and I am being threatened with legal action so I am wondering about my rights.

I lived in Arizona, I now live in Illinois.

Which Statute of Limitations is attached to the account? The state that I opened the card in or the state I live in NOW?

The Statute of Limitations for Arizona is Three Years for Oral Contracts, six years for written contracts, and 3 years for open ended accounts.

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

The Statute of Limitations for Illinois is Five Years for Oral Contracts, Ten Years for Written, and Five Years for open ended accounts.

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=30813&SeqStart=96300&SeqEnd=101900&ActName=Code+of+Civil+Procedure%2E

I’m going to print up a copy of my credit report to give to my lawyer but I would like to understand what everything MEANS before I dive in to this.

What law am I under? Arizona Or Illinois?

I am looking up my rights under The Fair Debt Collection Practices Act, but still, I was hoping to get some info from people that have been where I am.

Thanks for any info you can provide!!

I'm going to pay I just want to know the FULL details of the laws I am going to use to negotiate my position.

The debt will be paid in the long run... I just want to know how much fighting I will have to do to get a reasonable payment amount since I am disabled, not getting any SSDis, and pulled about 00.00 in pay last year...

If I CAN'T pay them, then I need to work out an arrangement that will allow me to give them something I can live with.


Related Credit Card Sites

]]> http://credit-cards-for-fair-credit.com/7192/statute-of-limitation-on-a-credit-card-debt-which-states-law-am-i-under/feed/ 5 Trying to validate items on my credit report, does this letter sound good? Should I take out the suing part? http://credit-cards-for-fair-credit.com/6938/trying-to-validate-items-on-my-credit-report-does-this-letter-sound-good-should-i-take-out-the-suing-part/ http://credit-cards-for-fair-credit.com/6938/trying-to-validate-items-on-my-credit-report-does-this-letter-sound-good-should-i-take-out-the-suing-part/#comments Fri, 24 Sep 2010 03:52:38 +0000 Author

Date: April 5, 2010
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a viewing of my credit report and observance of your agency listed as one of my past accounts. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
•Violation of the Fair Credit Reporting Act
•Violation of the Fair Debt Collection Practices Act
•Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,


Related Credit Card Sites

]]> http://credit-cards-for-fair-credit.com/6938/trying-to-validate-items-on-my-credit-report-does-this-letter-sound-good-should-i-take-out-the-suing-part/feed/ 4 Midland Credit Management Trouble? http://credit-cards-for-fair-credit.com/6645/midland-credit-management-trouble/ http://credit-cards-for-fair-credit.com/6645/midland-credit-management-trouble/#comments Sat, 18 Sep 2010 03:52:25 +0000 Author

I recently received a request to pay an old debt from Midland Credit Management. After seeing them all over Yahoo! Answers and Rip-Off Report.com, I was wise to this scam, so I sent this validation letter:

*****
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on January 25, 2009. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect in my state;
• Provide me with your license numbers and Registered Agent.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
•Violation of the Fair Credit Reporting Act;
•Violation of the Fair Debt Collection Practices Act;
•Defamation of Character.
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,

*****

So, I sent it certified mail and I get something today with my signature on it from 2001. THAT'S IT. I got no proof it wasn't past it's statute, I got no information as to why I owe what I owe, NOTHING! And now they want the entire amount paid in full. Which I won't do because something's fishy. Any thoughts on the next logical step? What's the best way to professionally (read:I'd rather not look like an idiot) contact the credit bureaus to make sure that they take my request for validation seriously? I'm 25 and trying to clean up my credit report.
The paper that I had signed was for a bank account that I opened before I graduated from high school. It is no longer open. Actually, it's been closed since 2002.


Related Credit Card Sites

]]> http://credit-cards-for-fair-credit.com/6645/midland-credit-management-trouble/feed/ 2 Can I send written notice directly to credit companies to stop calling or does it have to be to the collection? http://credit-cards-for-fair-credit.com/3201/can-i-send-written-notice-directly-to-credit-companies-to-stop-calling-or-does-it-have-to-be-to-the-collection/ http://credit-cards-for-fair-credit.com/3201/can-i-send-written-notice-directly-to-credit-companies-to-stop-calling-or-does-it-have-to-be-to-the-collection/#comments Mon, 12 Jul 2010 07:15:50 +0000 Author

Do I have to wait for letters from collection agencies or can I send notice directly to the credit card companies under the fair debt collection practices act to have them stop calling and harassing?


Related Credit Card Sites

]]> http://credit-cards-for-fair-credit.com/3201/can-i-send-written-notice-directly-to-credit-companies-to-stop-calling-or-does-it-have-to-be-to-the-collection/feed/ 2 How to Avoid Bankruptcy, and Get Ripped Off http://credit-cards-for-fair-credit.com/8/how-to-avoid-bankruptcy-and-get-ripped-off/ http://credit-cards-for-fair-credit.com/8/how-to-avoid-bankruptcy-and-get-ripped-off/#comments Fri, 16 Oct 2009 15:05:42 +0000 Admin http://credit-cards-for-fair-credit.com/?p=8 First and foremost, I am not an attorney and I cannot give legal advice. However, I have spent 20 years approving and administering retail and mortgage credit. Doing so, I have helped many a customer tweak or repair their credit in order to qualify for the particular loan they have applied for. This often requires me to explain the fundamentals of credit repair as well as undo many of the misconceptions borrowers have picked up over the years.

One of the most egregious misconceptions people make in an attempt to avoid bankruptcy is the use of consumer credit counseling services (CCC). At best, these companies are a rip-off, and at worst they’re crooked. When you use (CCC) services it is almost always notated on your credit bureau by the credit repositories or by your individual creditors. When mortgage companies see “CCC” on your credit report it’s treated exactly like a bankruptcy.

The pitch

  • You can avoid bankruptcy – This is their primary pitch. They prey on people who are terrified of the stigma of bankruptcy. The truth is, CCC programs mimic chapter 13 bankruptcies without the protection that bankruptcy provides.
  • We can settle your debt for less – So can you, so can a bankruptcy attorney, plus they can give you protection from legal action from your creditors.
  • We take all of your payments and bundle them into one low payment – So can you, simply call the creditor and tell them “it’s bankruptcy or lower payments, which would you prefer”?
  • We work with all of your creditors for you and stop the harassing phone calls – The FDCPA (Fair Debt Collection Practices Act) gives everyone the right to stop the phone calls, simply Google the acronym above and follow the directions.
  • We will repair your credit – Yea, in seven years or longer. Bankruptcies stay on your bureau for 10 years, slow payments for seven. When you make partial payments to the creditors they report the slow payments each and every month.

This means that the credit bureaus will report your slow payments for as long as you are working the repayment plan, which can be years. Your credit will begin to heal ONLY after you have made the last payment. Bankruptcies are like a Band-Aid, once you rip it off the wound begins to heal.

We have secret tactics that only we can use – Bologna! (Expletive Omitted) Read the FDCPA and the FCRA for every “secret tactic” that is legal.

The truth

CCC services can’t do anything that you can’t do for yourself. They make money from their clients, (you), collection companies and your creditors. In fact, most creditors have become so annoyed with their “service” that they refuse to speak with CCC services, even when they have permission from you to do so.

Using CCC services will ruin your credit the same bankruptcy, take longer for your credit score to heal and cost you extra money. Not to mention this is all done without the protection from your creditors that bankruptcy provides. Meaning, the credit card companies can place a lien on your home or get a judgment against you anytime they like. Not so with bankruptcy.

In closing, I am not a proponent of bankruptcy; nor am I against it. I am simply looking at the situation from a pragmatic point view. Everyone’s credit situation is different and requires a unique approach when seeking to repair it. Just know this; you have all of the power to repair your credit at your fingertips without having to hire someone else to do it for you.

Related Blogs

]]> http://credit-cards-for-fair-credit.com/8/how-to-avoid-bankruptcy-and-get-ripped-off/feed/ 8