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Old 12-22-2011, 04:06 PM
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Default Charge-offs help, please...

i have a couple of charge-offs and 1 collection that I need help with. I noticed these when I pulled my report back in June of this year. I tried working on them some but never had any luck getting anywhere. I would like to refiniance my house so I need to get busy on these.

Charge-offs

Advanta Bank $5,522.00 (not showing as $0 balance???), this is outside of the SOL for my state, I disputed this with the CRA back in June and it back back as verified. I think Advanta bank is no longer in business. Any suggestions?

Firestone Tires $1,108.00 - I sent them a letter in june asking to send information regarding this purchase. All I received was a copy of the purchase ticket for tires. Don't know the person that signed for these but it wasn't my signature. I called Firestone and told them I didn't know this person. they stated it was charged to my account so I had to pay them. this has been on my report since 4/2009. I have never made any type of payment toward this so the DOLA was 7/07 (my last purchase).

Collection

Alliance Collections - $383.00 - we need propane and our normal supplier couldn't make it. I called a new company and got it from them on 6/27/2007. i paid the guy with a check. A couple of months later they come back out and put more gas in our tank without my knowledge or placing an order. I told them I wouldn't pay because I didn't order. Few months goes by and i received a call from them stating if I didn't pay something toward this they would turn it over to collections. I paid $100.00. After another few months, they turned it over to Alliance. I sent Alliance a letter asking for validation. They only sent a work order from the office on 6/27/2007 (my orginial purchase) and a copy of receipt for the other order (that I didn't order) without my signature. I have told them that I didn't order this but they don't seem to care. I also send a PFD letter just to get it off my credit report but haven't gotten a reponse.

any help would be greatly appreciated.
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Old 12-24-2011, 05:46 AM
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Advanta:

What did you dispute through the CRA as being inaccurate, and what was the information that was verified?
If the creditor is no longer in business, I would ask the CRA to provide their method of verification of this debt through the furnisher of the information.

Firestone Tires:

If this is truly a debt that you never incurred, you would approach it as an identity theft issue.

First file a police report asserting identity theft in this purchase. Once you have the police report, you can send a copy to the creditor under FCRA 609(e) and obtain "discovery" of all their records related to this account. You can also use the police report to get the asserted identity-theft related information blocked from your CR under FCRA 605B,


Alliance Collections

The debt collector obtained verification from the creditor that you owe them a debt. They don't have to provide evidence, just contact and confirmation. Neither the FDCPA debt validation process not the FCRA dispute processes are legal proceedings, and neither require documentary proof of verification of debt in the DV process or verification of accuracy of their credit reporting in the FCRA dispute process.

You have a factual issue of owing the debt, and such issues are reserved for the courts. You can bring civil suit and compel them to provide the judge convincing evidence of your debt.
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