Dwolla.com payments from bank accounts for 25 cents

I just updated the CreditFactors order page to include Dwolla payment buttons and I installed the Dwolla plugin for the CreditFactors Membership signup. The plugin is still in alpha testing, but I hope it works.

As long time readers know, PayPal changed its terms a few years ago to prohibit credit and debt settlement services and all merchant accounts I have seen have similar terms. So I’m thrilled to have Dwolla and the incredibly low 25 cent fees and of course I’m passing the savings on to my clients.

Please let me know if you encounter any problems ordering.

Suing Experian for failing to investigate and Chase for reporting FALSE late payments

A client disputed several accounts with Experian.  It refused to investigate a Household 2nd mortgage and a Chase account with a balance that it had forgiven (1099) because Experian previously investigated the accounts in 2011.  My client had included the 2013 Chase 1099 with the dispute.  Trans Union promptly changed the balance to $0 after it received the dispute.  However, Chase also verified completely BOGUS late payments in 2012 for this account, charged off in 2007.

I had contacted Chase about “fictitious” lates on the Equifax myFICO last year and they promptly changed them to REAL lates! The account was charged off in 2007.  My client even sent the myFICO reporting of the “CO” to CSC (Equifax) with his dispute, but they seemed to have ignored everything.

Recently my client was DECLINED when he applied for a mortgage because his FICO scores are too low.

So now it’s time to sue Experian, Chase and possibly CSC.  Of course I’m helping my client since he doesn’t have an attorney and it’s fairly easy to sue in his small claims court.  I’m not even charging my client for helping him with legal research such as finding the registered agent to serve the lawsuit and summons and I won’t prepare the documents for him.   But I decided to post the complaint as I would file it at the CreditFactors member forum and if he wishes to copy the complaint, he can do so — I’m not practicing law, but post what I would do.

If he doesn’t get fast results with the small claims suit, he’ll retain an attorney.

Suing Dell Financial Services because it REFUSED to settle an old chargeoff

I’ve been settling accounts for clients since the early 90s, but I never had a creditor refuse to settle an account.  On 3/13/13 I first contacted Dell Financial Services (on credit reports as WebBank and/or DFS) and I was advised that Resurgent Capital Services has the account.  Resurgent then stated that it had returned the account to DFS on 4/20/10.

I immediately faxed the power of attorney to Dell.  A week later it was still not yet in its system. I faxed to a new fax # and when DFS finally had the power of attorney so they could discuss settlement, DFS again insisted that Resurgent has the account.  It didn’t matter how many times I explained that Resurgent stated that it had returned the account to Dell in 2010, they kept giving me the number for Resurgent and even worse, often transferred me directly claiming that I was being transferred to the department that would handle the settlement.

Last Friday I was on the phone with DFS for a long time and I finally got a fax number that allegedly goes to the DFS legal department.  The first part of the fax is posted below.   I also attached the fax I had previously sent to Dell credit reporting in India regarding the fictitious late payments (a documented FICO scoring bug) and I will explain details in my next post.  While Dell credit reporting claimed that they updated the credit reporting last week, today’s Equifax report shows NO changes.

Another issue with DFS was that they initially claimed that the account could not be settled because it was in bankruptcy and that it would take a week to clear that up.  My client’s bk had been dismissed, as DFS reported to the credit bureaus for years, along with the balance.

Yesterday I attempted to verify that the DFS legal department received my fax, but DFS refused to provide a phone number for its legal department.  To add insult to injury, they even transferred me to Resurgent again and gave me their phone number to confirm receipt of my fax sent to the DFS legal department.  Of course Resurgent again told me that they sent the account back to Dell on 4/20/10.

When I requested that the DFS Indian billing department manager transfer me to someone in the US, I got to speak with Marcia.  She confirmed that there is no phone number for the legal department (they’d probably get thousands of calls from upset customers every day).  Marcia said that she would try to confirm receipt of my fax and that the person she had to contact was away from his desk.  I was supposed to get a call back from Marcia within an hour — several hours ago.  I got NO call.

So we have no choice but to quickly file a small claims suit AND start contacting attorneys.

I already emailed the TX SOS for the registered agent info as the DFS headquarters are in Austin.  I’ll post the small claims complaint once we get the info.  If Dell doesn’t immediately delete the account from the credit reports and reimburse my fee we can have an attorney take over.  If my client’s lease option expires because of DFS we’re talking major damages, far beyond small claims.

We are also going to send a published complaint to the Consumer Financial Protection Bureau (CFPB).

FYI, my client paid $300 for the Credit Activist settlement.  On average it takes about 6 hours to settle an account, including the followup to ensure that it is reported correctly or deleted. I already spent at least 12 hours on Dell, but if my clients cannot recover my fees from the creditors / collectors engaging in illegal activities, there is no extra charge for the sometimes over 50 hours required to get results.

Occasionally I start an entire new blog with regulatory complaints as for Asset Acceptance.  However, since my Dell client’s lease option is expiring, we don’t have the time to go through the regulatory complaint process and have to file suit right away.  The primary purpose of the CFPB complaint is to create public awareness and to hopefully have the CFPB order Dell to clean up its act.  Indian support for financial services ought to be ILLEGAL!

For the record, I have nothing at all against Indian people, have Indian friends and clients and I wish I could visit India for a few months.  However, our financial and personal records ought to be in the United States. 

So I’ll post the small claims complaint as soon as we have it ready and below is the fax I sent to the DFS legal department on Friday: Read More »

Only forgiven PRINCIPAL is subject to a 1099-C upon settlement or non payment – NO tax if you were insolvent

I see more and more 1099s not only after settlements, but because lenders chose to stop collecting.

  • If you settle accounts for less than the full balance, you might well get a 1099 from the creditor if the discount was for more than $600.
  • Many original creditors are sending out 1099s when the SOL expired or after a few years of inactivity.

You MAY have to pay income tax on the amount of PRINCIPAL forgiven, but NOT on forgiven interest and fees.

Debt buyers rarely send 1099s because they don’t know how much of the balance is interest / fees and how much is principal.

If the amount is significant, make sure that

1) you weren’t insolvent
2) interest and fees are NOT included in the 1099.

Make sure that the credit reporting is accurate!

Check the 1099 and your records, details are explained below.

Here are some IRS references:

Read More »

Moving to new server

Update 12/9/12:  The client forum was successfully moved today and I’m looking forward to getting some “real” work done!

UPDATE:  I switched the client forum back to my old host because apparently there is nobody qualified to properly set up a domain with a secure certificate on the weekend at my new host.

Clients should be able to access their private forum within a couple of hours and I’ll try this again next week.

—————————————————————–

I’m sorry for the downtime here, had no idea it would take a week to get all site features and links working properly.

Last night I moved the site with the private client forums and we’re also having problems there.  Please email me directly if you need immediate assistance and I will update here once the client forums are functioning again.

I’m sorry for the inconvenience!

Mortgage credit report: Nice FICO scores with chargeoffs and Asset Acceptance collection

The most recent collection (Asset Acceptance) was assigned in 7/10 and it IS rated despite the dispute notation.  My client just received his new mortgage credit report:

EQUIFAX/FACTA BEACON 5.0
SCORE: 678

00038 – SERIOUS DELINQUENCY, AND DEROGATORY PUBLIC RECORD OR COLLECTION FILED
00018 – NUMBER OF ACCOUNTS WITH DELINQUENCY
00014 – LENGTH OF TIME ACCOUNTS HAVE BEEN ESTABLISHED
00010 – PROPORTION OF BALANCES TO CREDIT LIMITS IS TOO HIGH ON BANK REVOLVING OR OTHER REVOLVING
ACCOUNTS
FA – NUMBER OF INQUIRIES ADVERSELY AFFECTED THE SCORE, BUT NOT SIGNIFICANTLY

Read More »

Credit scores after bankruptcy with a mortgage “included in bankruptcy” and with a balance

I just saw a very interesting post by bankruptcy attorney L. Jed Berliner, Springfield, MA.  Apparently his client continued to pay the mortgage after a Ch. 7, but 4 years later she was declined by her credit union for a loan to pay for a new roof because she had not re-established credit.

Read More »

Complaint to NM AG: debt buyer interest charges while account NOT owned

Like so many debt buyers, Asset Acceptance ignored the dispute and it charges outrageous interest without providing any documentation allowing it to charge interest.

My client’s complaint and my declaration submitted to the New Mexico attorney general.

I have never seen Citi or Chase charge interest after an account was charged off.  Yet, debt buyers routinely file lawsuits demanding interest from the date the account was charged off and while they did NOT own the accounts.  In this case Asset is collecting a Citi account and its compliance department advised me that my client’s ONLY right is to pay the account.

Here is a screenshot of another client’s Citi chargeoff: Read More »

The new Experian payment history legend, Verizon bizarre reporting and Experian incorrect verification

A client disputed this PAID Verizon account TWICE with Experian and it is STILL reported OBVIOUSLY incorrect as “$653 written off”:

Experian reports: Read More »

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