Showing posts with label debt collection. Show all posts
Showing posts with label debt collection. Show all posts

11.30.2007

The Rackets: Shark Attack II

In our criminal justice system the accused is presumed innocent until found guilty in a court of law, and even after being convicted and sentenced to life in prison or death, an inmate can appeal a wrongful conviction, can fight to clear his or her name. It might take years, but eventually even a wrongfully convicted lifer can get the decision overturned. And that's a good thing.

In the credit reporting racket, however, you are presumed to be a deadbeat and errors on your personal credit report are presumed to be fact until or unless you can get the credit reporting agencies (CRAs) aka credit bureaus to:

1.investigate the items you dispute, and

2. delete and/or correct errors on your personal credit report. And therein lies the problem. To dispute errors on your credit report you first have to get a copy of your credit report. And if the credit bureaus refuse to give you a free copy of your credit report-- which you're entitled to once each year, how can you dispute the wrong information on it?


In the credit report rackets, there's no court appointed lawyer to represent you against the faceless machines running the three big ones: Experian, Equifax and TransUnion.

Information in a credit report can be used by landlords, potential employers, banks, and mortgage companies to determine your credit worthiness and decide whether you'll get a job, an apartment, a mortgage, a car loan, a credit card. Outdated negative information/wrong information can negatively impact your life, to say the least--which is why consumers are advised to get copies of their credit reports at least once a year. The U.S. Fair and Accurate Credit Transactions Act of 2003 (FACTA) requires the 3 major credit bureaus to provide every person one free credit report per year.

The last time I received a credit report from Experian was in January, 2006.

In 2007 I figured it was time for a new one, because I knew there were accounts on the old report that I'd paid in full and/or were wrong. I called the toll free number --877.322.8228-- for free annual credit reports and requested a copy of my free annual credit report. If, as Experian claims, a copy of my credit report was provided to me in the past year, it wasn't sent to me: I never got one.
In July/August I printed out request forms from the internet http://www.annualcreditreport.com/ and mailed it in, again requesting my free annual credit report from each of the Big Three. Thereafter began a game of mail tag and stonewalling that has continued through November. The preferred avoidance tactic they use is that they needto verify "proof" of my address/ social security number. So I sent them copies of my paystub with my name, social security and address printed on it. After this the CRAs sent me back letters asking for the same documentation I'd already sent them.
Consumers are entitled to a free credit report if they've been denied credit within the last 60 days based on information provided in their credit report. So I applied for a credit card, got turned down based on information provided by Experian, and sent Experian a copy of the denial letter within 60 days. It was at this point that Experian switched its avoidance tactic to the excuse that they have to "verify" my mailing address and social security number. They letter tagged and foot dragged me for the next 60 plus days, until the credit denial time frame expired. Then Experian reverted back to its "we already sent you a credit report this year" letter.
With a few days remaining in the year 2007, still I've got no credit report this year. At this time, Experian continues to falsely report at least four debts that I paid in full over one year ago, could have discharged in bankruptcy, but chose not to, and have receipts to prove it.
Additionally it's probably reporting a judgment against me that was subsequently voluntarily dismissed with prejudice by the collection agency (Asset Acceptance) when my lawyer made it aware of its "mistake," and yes I can prove that too.

There are at least five negative items on my credit report that Experian and the other racketeers refuse to let me get copies of so I can dispute the WRONG information, information that the CRAs freely provide to third parties. For whomever is viewing my credit report--the same credit report the Big Three refuse to give me copies of--here's the real deal:
University Community Hospital emergency room bill --paid in full November 2006. I have a receipt.
University Community Hospital charges not covered by insurance. Paid in full 2005 I have a receipt.
Emergency room physicians bill. Paid in full November 2006. Yes, proof I have.
Back rent owed due to job loss in September 2001 (that's seven years this September). Paid in full. Receipt, proof. Yes.
Judgment for plaintiff Asset Acceptance in breach of contract. (what contract?) Voluntary dismissal with prejudice. Copy of court document available upon request.
Where's the due process in this scheme? There is none. This is the economic equivalent of Guantanamo. The consumer is guilty because the CRA's and the money grubbing vampires/raising old debts from the grave past their natural demise collection agencies say so, and the "accused" is denied access to the so called evidence of the debts/mistakes and is denied the opportunity to clear his/her name or otherwise defend him/herself against these predators.

If the health of our economy is so dependent on consumer spending as is claimed, then why are consumers treated like criminals with no rights? It's enough to make an honest citizen want to be an anarchist...(tea party, anyone?) http://infoshop.org/

Update: From the depths of some swamp there now emerges a new predatory collection agency that sends one of its parasitic letters to my family's home. It's addressed to a person with my misspelled last name and the wrong first name. The letter states I owe $198.00 and change and these lowlifes are willing to settle for $59.60. So I check an old credit report dated 2002 and find a matching account number linked with a different name that is "scheduled to be reported until 2003." Which makes this account number seven years old in 2003. Which makes it more than 11 years old now. It's past the statute of limitations for every state. Furthermore the original account is some kind of mobile phone account. This is known as "re-aging" an old debt.
Well, guess what. I've never had a phone contract. I use only prepaid phones, and always have.

And this too will be reported to the FTC. http://www.ftc.gov/

All you carpetbagging, speculating, real estate flipping, predatory lending (barely)legal loan sharks: haven't you done enough damage-- to the economy; to thousands (if not hundreds of thousands) of people's lives; to communities, to neighborhoods?

It's a New Year comin' on. Why don't you predators all get honest jobs somewhere like the people you victimize and terrorize and stop being parasites that suck the life out of poor and working class families?

Happy 2008--to everybody except the parasites and poverty pimps! May you rot in substandard housing with no heat.

FCRA 605 "No CRA may make any consumer report containing (4) accounts placed for collection or charged to profit and loss which antedate the report by more than seven years."

FCRA Part 603 "Prohibition against circumventing treatment as a nationwide consumer reporting agency."

12.02.2006

Why Lawyers Rock

I've heard the bad lawyer jokes, and so have you. People--some people-- love to hate lawyers. But lawyers do a lot of good in the world and in this post, I'm gonna tell you why...

Read a previous post titled Working Class Blues (swimming with the sharks) and you'll learn about another kind of lawyer--the kind who works for collection agencies, scouring the bottom of the ocean for debts big and small that long ago sunk to the floor, weighted down by the poverty of their owners.

I didn't know much about this debt collection game, since I permanently retired and chopped up all my plastic in 1997, after a consumer credit counseling service told me straight up that I had such a pathetically low income, (working full time, by the way) they could not put me on a budget and there was no help available to me until I found a much better paying job. There's no debt diet for a starving worker. If I had a better paying job, I commented at the time, I wouldn't need a debt counselor because I'd be able to make my credit card payments and keep the lights on.

In all my years in the sunshine state, I never saw a living wage. With each job change I made a dollar or two more, but the rents rose faster than my pay. And so did the auto insurance, the phone bill, utilities, food prices...you get the picture.

In 1999 I got a union job. It didn't pay much more than my other crappy jobs, but I believe in unions generally, and I wanted to check this out. The union offered workers a chance to build good credit with the "Union Plus" secured credit card. I decided to take a chance on this one. You can read the whole sad story in Working Class Blues (swimming with the sharks)

In December 2005, I was awakened from my afternoon sleep of the dead after working the graveyard shift all night in Target stocking the store --without air conditioning-- in Florida. The process server was at my door, to hand me a summons. A company called Asset Acceptance that I'd never heard of was suing me for $3,000 + for this secured credit card that I'd canceled back in June 2001. I called the Federal Trade Commmission.

The FTC agent told me the statute of limitations ( four years) had expired in Florida for credit cards. I decided I'd just go to court and tell the judge my side, and this lawsuit would be dismissed as frivolous. I showed up one day late because I'd misread the handwritten summons date, and because of that the collection agency got a default against me, but when I showed up at the courthouse only one day late and filed a motion to vacate, explaining my error and the legal reason for my dispute, the motion was granted and the judgment was set aside.

Next, the case was referred to mediation, and for that I showed up on the right date. I repeated my earlier assertion---that I owe this collection agency nothing, and the secured credit card debt was past the statute of limitations when the collection agency decided to sue me. The mediator, who did not seem to be "impartial" at all, declared an impasse. I asked when I'd get a chance to present my argument and evidence to the judge, and the mediator gave me no answer. I called the clerk's office every week or so, looking for an update, and was told nothing new had happened in the case.

In August, I moved back to the big apple--yeah that's right-- NYC, Lady Liberty's back yard. While I was staying in a Manhattan homeless women's shelter, the judge ( a different one) granted a default judgment for the plaintiff, Asset Acceptance. The reason cited: because I failed to appear at the pre trial hearing dated the same day as the mediation. The only problem is, I was there on that date.

When I came back to Florida for a visit to the family and found out about this, it was too late for me to file a motion for free, and I didn't have the money to pay the court filing fee.
What this meant was, in theory Asset Acceptance could garnish my wages for years to come, could seize my property (if I had any) and freeze my Swiss Bank accounts. (Yes, that was sarcasm) With interest added every year. All this misery for a secured credit card with a credit limit of $250. Secured by my $250 deposit--a deposit that was never returned to me-- in whole or in part.

I found justice in October, in the person of a lawyer named Mark Tischhauser, who has a picture of a bulldog on his business card, with the caption: A CLIENT'S BEST FRIEND." He called the collection agency, asked them a few questions, and got them to admit they made a mistake, and the default judgment against me was vacated in November. By the plaintiff's request.

So NYC landlords, If you see this default judgment on my credit report be aware it's WRONG! (and it will be removed)

I might not use credit cards, but I paid my rent on time (even if I starved) and this can be verified.

Somebody once said this is a nation of laws. Lawyers are the only ones who seem to understand these laws. Ignorance about their rights under these laws can mess up the lives of innocent people, whose only "crime" is being poor, and lawyers who take their cases pro bono or for a contingency fee can make things right. Lawyers like these level the playing field, opening up access to justice for people who don't have the deep pockets of a collection agency.

When the playing field gets even, the game becomes tougher for some players, and that's why they snipe at trial lawyers, urging their (usually Republican) legislators to pass laws that limit contingency fees. (See red states)

Lawyers who fight for the wrongly convicted and wrongly incarcerated, http://www.innocenceproject.org/ and http://www.floridainnocence.org/ and the good hearted but not well connected (see http://www.aclu.org/) make prosecutors and judges work harder. Lawyers like these comfort the afflicted and afflict the comfortable. Maybe that's why some people hate lawyers so much.

Not me.