My current Situation..Need help..I'm stuck

[wdsman1]

I have disputed information on all my credit reports. All the CA's have been removed. Also had 1 settled credit account deleted. This hasn't raised my score much...maybe 10 points.

I have lates on my student loans in 2003-2008. Since then it is current. I have disputed and sent several good will letters but the lates are still reported.

I have a HSBC card that was late in 2006 and I also tried a good will letter. It isn't reported late on my current Equifax report so maybe the dispute or the good will letter worked.

I have a paid in settlement CC account that has been disputed and 623 investigated and it remains. It will remain until 6/2012.

I have a Chase Account that has been disputed and was just updated with even more negative information. I also sent a 623 investigation letter. This account is charged off and is listed as having a $4800 balance. No idea how it would be that high, the limit was $3500. This account will remain until mid 2013.

I really don't know what else to do at this point. I have a car loan with a cosigner and would like to buy a home with my soon to be wife in the next 6-9 months. I really do not have much extra money to spend at this point.

Any ideas of what else I can do? My scores are around 600 for all 3 CRA's. If I file suit against the OC's would they fight it? (posted that question in other thread)

[Lian]

How have any of your creditors violated the law?

[wdsman1]

Is there any other way to get the charge offs removed now? More than anything I want chase removed.

Really willing to try just about anything at this point.

[wdsman1]

Also is there any way to get a court to subpoena information regarding the OC accounts? I have no information regarding these accounts.

[Lian]

A charge-off is an accounting measure taken by the OC. If the OC reports the CO to the CRA, then grounds for removal, other than through a PFD or GW acceptance, would requrie that they did an improper accounting charge-off. If the account was delinquent at the time of the CO, then they had the right to charge-off the unpaid debt. It is extremely difficult for a consumer to prove that their charge-off was inaccurate or improper, other than to establish that you were not delinquent at the time of the XO.

[wdsman1]

so I'm stuck with this chase account until 2013? would they settle the account? I don't have much to offer but it is worth a shot.

also on the settled charge off. am I also stuck with that until 2012? I actually had this settled with a debt settlement company a few years back so I never directly paid them. Can I dispute settlement on this account on that basis?

Is there any way to get credit records sent to me by the original creditors? I don't have any information to argue...all my OC records are gone.

Is there any way to get the CRA's to ask the creditors for actual information, not just that they say they're valid through e-oscar?

[wdsman1]

I have a few more questions...I was unable to edit my post.

With Chase being charged off at $4800, original credit limit of $3500 and out of SOL to sue me what would be a realistic amount for a PFD? Could I send a letter and offer 5-10% of the charged off amount or would it benefit the OC to keep charging the debt off for the next 2 years.

[Lian]

Is there any way to get credit records sent to me by the original creditors? I don't have any information to argue...all my OC records are gone.
As for the original records, that is a problem. You can request and hope they provide them. Once any legal action is brought by the OC, you can get them through the court-odered legal discovery process.
You can get any and all information reported by the OC to your credit file by simply filing a request under FCRA 609(a)(1), simply by clerly identifying the information you want, and paying the required fee of $10.50 under FCRA 612(f). However, that does not include original OC account documents.

Is there any way to get the CRA's to ask the creditors for actual information, not just that they say they're valid through e-oscar?
The dispute process does not require legal proof to support a finding by the party that the information is confirmed to be accurate. You can ask for method of verification of your dispute, pursuant to FCRA 611(a)(7), but that only extends to the procedures they used and who they contacted. Again, it does not compel legal documentation. You can only get that if legal action is brought.

With Chase being charged off at $4800, original credit limit of $3500 and out of SOL to sue me what would be a realistic amount for a PFD? Could I send a letter and offer 5-10% of the charged off amount or would it benefit the OC to keep charging the debt off for the next 2 years.
That is strictly an OC decision. They can still sue you, even if SOL has expired, and hope you aren’t knowledgeable enough to show up in court and assert an SOL defense. In that case, they could still get a summary judgment.
They can also turn it over to a collection agency, and continue to harm your credit until 7 ½ years has passed from the DOFD, in addition to the CO.
Being outside of SOL certainly gives you some clout in a PFD negotiation, but in the end, it is entirely up to the OC.

[wdsman1]

Originally Posted by Lian

Is there any way to get credit records sent to me by the original creditors? I don't have any information to argue...all my OC records are gone.
As for the original records, that is a problem. You can request and hope they provide them. Once any legal action is brought by the OC, you can get them through the court-odered legal discovery process.
You can get any and all information reported by the OC to your credit file by simply filing a request under FCRA 609(a)(1), simply by clerly identifying the information you want, and paying the required fee of $10.50 under FCRA 612(f). However, that does not include original OC account documents.

Is there any way to get the CRA's to ask the creditors for actual information, not just that they say they're valid through e-oscar?
The dispute process does not require legal proof to support a finding by the party that the information is confirmed to be accurate. You can ask for method of verification of your dispute, pursuant to FCRA 611(a)(7), but that only extends to the procedures they used and who they contacted. Again, it does not compel legal documentation. You can only get that if legal action is brought.

With Chase being charged off at $4800, original credit limit of $3500 and out of SOL to sue me what would be a realistic amount for a PFD? Could I send a letter and offer 5-10% of the charged off amount or would it benefit the OC to keep charging the debt off for the next 2 years.
That is strictly an OC decision. They can still sue you, even if SOL has expired, and hope you aren’t knowledgeable enough to show up in court and assert an SOL defense. In that case, they could still get a summary judgment.
They can also turn it over to a collection agency, and continue to harm your credit until 7 ½ years has passed from the DOFD, in addition to the CO.
Being outside of SOL certainly gives you some clout in a PFD negotiation, but in the end, it is entirely up to the OC.

Can you please clarify exactly what I need to do to pay the $10.50 and what information I can request. For a settled account can I request a copy of the settlement agreement and copy of payment? What exactly can be requested. I am assuming that an original signed agreement with the OC is out of the question. Thanks