Credit debt question

ezbtr

Captain
Joined
May 1, 2002
Messages
3,088
ok so finances getting in order, post divorce and ex crap - I have one issue where 1st ex lied about my wages and CSS garnished wages to pay a false claim, tokk me 18 mos to clear it with them when that updated their"system" - "oh my you are in overage of payments' - well no ****, Id tried to tell em that forever - ok so they sent me money back, ex didnt pay squat although she lied - now it shows up on credit report, and one other says it's a "charge off". should I try to pay that or will it even matter on credit report(these all divorce related) I'm showing a 600 on report, not great. But i want to buy a house. Thanks you guys - I am FINALLY getting debt free!!! and no BK.
 

kenmyfam

Supreme Mariner
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Aug 10, 2006
Messages
14,392
Re: Credit debt question

Surely false claim should be wiped clean. You should be able to get a house with your current credit score maybe with a slightly higher interest rate though. Do you have much of a down payment ?? That will go a long long way.
 

Bob_VT

Moderator & Unofficial iBoats Historian
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Re: Credit debt question

Keep all your documentation.... it will come in handy when it's time to explain if you buy a house.
 

tashasdaddy

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Joined
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Messages
51,019
Re: Credit debt question

keep doc's as said, they mortgage processor, can have you sign and affidavit, stateing the report is wrong with copy of your documents. fight the credit report to have it removed.
 

FBPirate95

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Apr 15, 2009
Messages
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Re: Credit debt question

I've gone through the same situation and I had A LOT of things to get taken care of. I'm not completely out of the woods yet, but I'm a lot closer than I ever was. Divorce can definately put a dent in your credit profile. The good news is there are things you can do to protect yourself against debt collectors. The Fair Debt Collection Practices Act that was passed by Congress years ago. It is actually one good piece of legislation our government actually put out. If you go to:

http://www.fdic.gov/regulations/laws/rules/6500-1300.html

it will detail what your rights as a consumer. It limits what collections agencies can and cannot do. It is a very powerful tool for you to help resolve different issues.

Most people fear debt collectors because of their agressive tactics. But as you will see you have the upper hand when dealing with them. Once you start referencing the FDCPA you will start hearing a different tune from any creditor that contacts you. As for items appearing on your credit report, you have the ability to file a dispute with the creditor as well as the reporting agency. They then have no more than 30 days to validate they debt. Meaning they have to produce documentation proving you owe what they say. If they cannot produce the appropriate documentation within the 30 days, the debt is considered unvalidated and they cannot collect on it, and the reporting agencies MUST remove it from your credit file. As you can see the proof of burden is on the creditor, not you.

Another thing I would recommend is Googling "Credit Infocenter". Their site has tons of information about how to use the FDCPA to resolve most every type of credit issue you deal with.

As always, when you deal with issues like this, keep ALL of your documentation!

I hope this helps. Good luck!
 

ShaneCarroll

Chief Petty Officer
Joined
Feb 10, 2009
Messages
639
Re: Credit debt question

One option you have is to write a certified letter to the credit bureaus. I went through a similar situation, and if you have any issues with your credit reports, do the following:
1. Write a letter to each credit bureau you have a dispute with, letter should state: the item you are disputing, reason why you dispute this item, and a copy of any receipt to prove item is invalid.
2. Make a copy of this letter for your own records
3. Send the letter "certified," with a delivery confirmation, which is important for the next step.
4. By law, the credit bureaus have 30 days upon receipt of a dispute to verify the validity of the debt. If they are not able to, they must remove disputed item from your credit report.
5. At the thirty day mark, you send another letter saying that they have not been able to prove the validity of this debt, and that it must be removed, usually at this point they will remove it with no hassle.
 

ezbtr

Captain
Joined
May 1, 2002
Messages
3,088
Re: Credit debt question

Thanks guys! I'm also going to see if I can get a letter from Child Support Services - they found out my garnishments were TOTALLY incorrect and sent ME all money back - all from a false/lie from ex. Did she suffer at all??/ Nope, not a dime....

Now how about the "charge off"? Is it worth fixing, paying some of it off? Will that positively affect my credit rating?
 
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FBPirate95

Master Chief Petty Officer
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Messages
840
Re: Credit debt question

Thanks guys! I'm also going to see if I can get a letter from Child Support Services - they found out my garnishments were TOTALLY incorrect and sent ME all money back - all from a false/lie from ex. Did she suffer at all??/ Nope, not a dime....

Now how about the "charge off"? Is it worth fixing, paying some of it off? Will that positively affect my credit rating?

If you are looking to get a loan, they most likely will require you to pay off any charge offs. So here's what I would do.....

The debt has already been charged off by the original creditor. This means they took it as a loss and have gotten a tax break for such a loss. In most cases the original creditor sells the charged off account in a portfolio with many other charge offs to a debt collection agency. They usually sell it for pennies on the dollar of the original debt. This collection agency will try and collect the full balance of the debt even though they paid very little. Their business is to make as much money as possible off of your debt. They might even try to tack fees on to it as well. Because of this, I recommend negotiating a settlement with the collection agency. It will save you money and will give the collection agency a return on their investment.

I would only communicate with them in writting. Anything agreed to over the phone is completely worthless. Not to offend anyone on the board, but I have been bitten by snake in the grass collection agencies that agree to one thing, you hold up your end, then they keep coming after you for a full balance...etc. So no matter what, do all your communication in writting, and save all such communications. I would even go as far as sending everything certified with delivery verification. This will cost a few dollars each time, but it will save you a lot of headaches.

Start by offering them 25% of what you orginally owe. Also stipulate they most update your credit report, upon receipt of your payment, as "pays as agreed." Furthermore you must make them to agree that the settlement shall be recognized as fulfilling the debt in full and that they will take no futher action to collect the remainder of the debt. If you don't get that in the agreement, they can come after you for the remainder.

They might not to agree to this at first, but wait them out. Ahead of time determine what the maximum you will pay on the debt. Don't let them force you to pay more than that. Remember, they only paid pennies on the dollar for it so why give them the full amount.

Like I said before, do the keyword search on Google for Credit Infocenter. They have all kinds of information for you on how to generate settlement letters.

PM me sometime if you want to talk more about it.
 

ezbtr

Captain
Joined
May 1, 2002
Messages
3,088
Re: Credit debt question

Thanks!!!!!!!!!!! I was kinda thinking same thing, especially as we have SO many foreclosures around here! - ok havent done the pm thing yet but will try :)
 

v1_0

Chief Petty Officer
Joined
Aug 27, 2007
Messages
575
Re: Credit debt question

Thanks guys! I'm also going to see if I can get a letter from Child Support Services - they found out my garnishments were TOTALLY incorrect and sent ME all money back - all from a false/lie from ex. Did she suffer at all??/ Nope, not a dime....

Was this lie on an official court document? If so, that could be perjury or fraud.
 

Thad

Lieutenant Junior Grade
Joined
Jun 8, 2009
Messages
1,028
Re: Credit debt question

Was this lie on an official court document? If so, that could be perjury or fraud.

My experience with this one is the courts won't waste their time. The lawyer will take your money, but in the end, it only ends up costing you more $$$.
Let well enough alone and get back on your feet. Poetic justice will rear its ugly head to the other sooner or later.
ezbtr, I hope things work out well for you.
 

ezbtr

Captain
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May 1, 2002
Messages
3,088
Re: Credit debt question

well I've been knocking the debt down bigtime, highest % first, just have one acct. left, and some on truck, I'm saving at least $300 a month and should be able to pay all off in no more than 12 mos. I talked to a few creditors and told them to knock off the interest, they did. Finally gettin there, and managing to save towards house! :)
 

aspeck

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May 29, 2003
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19,192
Re: Credit debt question

well I've been knocking the debt down bigtime, highest % first, just have one acct. left, and some on truck, I'm saving at least $300 a month and should be able to pay all off in no more than 12 mos. I talked to a few creditors and told them to knock off the interest, they did. Finally gettin there, and managing to save towards house! :)

AWESOME!!! Congrats!
 

ezbtr

Captain
Joined
May 1, 2002
Messages
3,088
Re: Credit debt question

yeah karma is a ***** - success is a reward :)
 
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