Long story short Dell Screwed my credit, what can I do?

[unluckyleprakan]

Virginia<Home of record>

Dell doesnt accept Payments of Visa over the phone? I was deployed, didnt have a checkbook, due to divorce... Upon return paid a second third party collection agency 1500. <apparently dell gave the account to one company, who gave it to another> All three posted negative on my credit report. I bought the computer on dell credit sept 2003. made payments 42$ a month till I was deployed; <may 2004- dec04 <<<<months deployed>
credit report reflects payments sept(03)-feb(04) then 60/90/120 days late for march/april/may(2004) then payments again on june through october, how i dont know, but 60 days late November(2004) a payment in december, 120 days late for both months of jan/feb (2005) go figure that one out.... and a chargeoff/collection for both march/april(2005) After calling Dells collection agency they confirm I made a payment of 1500 In December (2004)<more than I bought the computer for> and still to this day My parents stateside get phone calls everyday, even on sundays and holidays from both companies saying I owe $2,345. THAT HAS to be a violation of SOME rights.

ALL other accounts on my credit have been paid on time every month, most paid well in advance.. I have 2 or 3 that have been paid a full 25-30 months in advance <car loans> I have deployment money to thank for that.
Anways, Any Help Would Be appreciated,

V/R
Eric Straughen~ USN

[cmorris]

Did you get an agreement in writing from the collection agency that the $1500 was payment in full?

I suggest you go to [URL=http://www.creditboards.com]creditboards.com[/URL]. You have to repair your credit and there are multiple ways to do this. You will find out about the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Start in the Newbie's Section.

As for phone calls:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Source: [URL=http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805[/URL]

[unluckyleprakan]

Thanks again... The only thing I have written is a bill. But when I call they will confirm a payment made in dec for 1500$ and are still asking for $2,300+
AS of yesterday <monday, june 12th,2005> I had another change to my credit with some other collection agency on my report... I havent even heard of much less Talked with...and yet AGAIN another negative.... Sometimes Id like to drag them to an overseas location just so I can do something about it locally.

v/r
Eric Straughen- USN

[cmorris]

Send the collection agencies a dispute letter, certified mail return receipt, asking for proper validation as per the Fair Debt Collection Practices Act. Tell them to only contact you by mail, as phone calls are inconvenient.

When you get the green cards back, dispute the tradelines with the credit bureaus. The CA's will then have 30 days (45 if you got free reports) to provide the proper validation. If they do not, the tradelines gets deleted. If they verify the tradeline before sending you proper validation, it is a violation.

Does that bill say it is for $1500? And you have proof you paid it then? If that is not the case, then they are taking that $1500 as a partial payment, while adding fees and interest.

You need a papertrail--get EVERYTHING in writing and save it until the statute of limitations expires at least.

[Ladynred]

Whoa, wait a minute. There should have been some question at some point in all this asking if you were in the military. You DO have some rights and its called the Service Members Civil Relief Act (used to be Soldiers and Sailors Relief Act). You can read up on this Act here: [url]http://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/Legal%20Assistance%20Home%20Page.nsf/0/0806a532899687ce852568a800531506?OpenDocument[/url]

The SCRA protects active duty military members and reservists or members of the National Guard called to active duty (starting on the date active duty orders are received) and, in limited situations, dependents of military members (e.g., certain eviction actions).

To receive protection under some parts of the SCRA, the member must be prepared to show that military service has had a "material effect" on the legal or financial matter involved. Protection under the SCRA must be requested during the member's military duty or within 30 to 180 days after military service ends, depending on the protection being requested.

For example, one of the most widely known benefits under the SSCRA and now the SCRA is the ability to reduce pre-service consumer debt and mortgage interest rates to 6% under certain circumstances.

You probably do have some recourse here, its certainly worth pursuing.

By the way, thanks for serving our country !!