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Absolutely ridiculous.. I cant catch a break.. and for 27$?

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State: Florida

My credits been pretty decent lately.. about 660, no negative accounts or collection accounts listed on any of my consumer files.. I had a huge screwup at my bank 2 weeks ago, they drained my accounts, deleted them from their system.. all because I deposited a $3200.00 check and it was held improperly..

Anyway, I have a current auto-loan through my primary financila institution issued back in January, its been paid ahead of time for the past 5 months.. they love me, I maintain pretty good balances in their accounts.. It took them 3 days to fix my accounts, it was completely and totally internal bank error..

Last week I was about to apply for a personal watercraft loan in the amount of $3500 but again, due to my accounts being screwed up and improperly reporting negative balances.. I wasnt about to apply for a loan with my accounts in that state.. I figured I'd wait until today, Tuesday to apply online.. I saw no problem with approval, the downpayment I'm providing and the value of the craft exceeds their requirements to issue the loan.. next they'd look at internal accounts, history, etc.. my history has been excellent.. never overdrawn or drained my accounts..

I apply for the loan today around 2pm EST at my office.. I'm outside about 7pm installing my handsfree kit when I hear the tone indicating I have new email.. its my credit watch alert notifying me changes have taken place on my equifax consumer file.. I subscribed to it a few months ago, great service.. I'm thinking ok.. my bank pulled my report for my application.. WRONG

Long and behold its a debt from MCI in the amount of $27.00 from 1997 (last activity reported as 1998) assigned to a collection agency in early 2001 just posting to my consumer file now. This is absolutely ludicrous.. this post tanked my score below 630 and I'm now in jeopardy of a denial.. when my bank pulls my report tomorrow, if they havent done so yet, if they base their decision primarily on score.. I'm screwed. I'm not going to sit here and say this debt may not exist.. Its very possible.. I did have an issue with them back around that time regarding internet service

I called up to get dialup service but wanted to try out the service before I bought it.. they said they could not set me up a personal account without committing to service and actually opening an account for me.. I pushed telling them I just wanted a test login because I had heard their local dialup server was horrible.. After sometime on hold and arguing they transferred me to the commercial internet accounts claiming they were the only reps able to create an instant account where I'd be able to use the logon for 24 hours.. I tried it, I confirmed it sucked, I never used it again (and their records would indicate this) .. I kept on getting bills after bills from MCI all the way up to 40$ or so.. I contacted MCI, argued with the guy I spoke to left and right telling him the story.. he called me a liar.. said MCI would never have done that.. I told him to check the accounts useage statistics.. that if he had he'd see the account was never used after the initial first day it was created. He changed the subject and indicated it was my responsibility to cancel the account if I didnt want it any longer.

This is absolutely insane.. I cant catch a friggin break.. I *believe* the statute of limitations in Florida to file a law suit for an owed debt is 4 years. This time period has passed, even if we base this debt on the "date of last activity" which in most cases does is not the starting point of the time frame to concur with the limitation statutes. While I do understand a debt never technically expires.. what is my recourse here? I mean, if this debt was even remotely valid why'd it take MCI 3 years to issue it to a collection agency and another year for that agency to submit it to my consumer file.. the date of last activity was 1/98, meaning 1/02 was their four year deadline.. furthermore, after this collecting agency received the account back in 2001, I did not receive one notice from this agency concerning the debt or requesting payment.. My legal address has not changed for the past 13 years and while I did reside at a different location (5 minutes away) in 2001, the address on my license and they would have had (and that the internet service was subscribed to) was my moms address and she still lives there, in the same place, same street, same numerical, same city.. I'm ready to file a law suit, I cant take this anymore.. these people could be the reason my loan request is denied tomorrow.. I will do my best to contact my bank and see what I can explain but there has to be some recourse here...

I was considering contacting them and giving them the option to "remove this account" from my consumer file if I pay it in full along with any other fees they may request (providing their reasonable) just to be done with it.. while it may appear to constitute guiltyness, on the other hand it gets it off my report and I can wipe my hands with it.. if they refuse claiming they can not do so (which they can, the reporting party maintains the right to modify, delete, add data to a consumer file) I'll advise them I'm seeking an attorney immediately and I guess I'll be opening the yellow pages after the call... and the call I make to them WILL be recorded and they will be alerted to it.

Thank you for reading. Please post responses/opinions/advise/solutions/non-painful suicide options.. etc

Thanks again
 


bigun

Senior Member
Well, you could go through all that crap or, you could do it the easy way.

Write a letter to the CA demanding they validate the debt per your rights under the FDCPA. Send it CRRR. They have 30 days to prove it is yours or they must delete. Visit the libaray at www.creditnet.com for sample letters. The site is free but, you must register.
 
well.. one problem with your suggestion

The problem with debt validity is, if the creditor or service provider says you owe the money, you owe the money. You can't go beyond them to prove you're not liable. MCI being a huge international enterprise, as long as they confirm the debt to the inquiring party which believe it or not is usually "yea the debts valid, thanks for the call", then it's legally valid. It's ridiculous. I just faxed an offer to the collection agency offering to pay the account and provide additional funding for collection recovery attempts they're going to claim they made anyway if in return the remove the accounts from my consumer files. We'll see how it goes. Otherwise, I seek council. The choice is theirs. I will sue and I will win.
 

bigun

Senior Member
Wrong screwcredit. The FTC has a step by step list of what constitutes validation. One of the things is, they must show you something with your signature. There is an FTC opinion letter {the Wolman letter} I think that goes through the entire process.

As to a lawsuit. What grounds? If they fail to validate and keep the debt on your credit report, you can sue in any small claims court and get damages fromm $100 to $1000 plus, legal fees. Good luck with the fax.
 

bigun

Senior Member
P.S.

The chargeoff may not make any difference. FICO is a generic scoring model. Lenders then plug in their own criteria. Unless real estate is involved, many lenders will ignore collection accounts if the amount is under $100. With a decent downpayment, you should be on the water.
 

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