Mann Bracken and Hanna countdown to demise

Apr 30 · by Next Level Credit

Keep it short and sweet today. And how sweet it is!

Mann Bracken and Hanna are based in Georgia and not only are these collectors suing consumers allover the country, they are being sued BY CONSUMERS. Consumers are fighting back and winning. View the investigation video below.

How longer can they hold on? Click here.

Once these two companies crash and burn, it is going to be alot easier to fight back against the smaller debt collection agencies. Remain humble – but get rid of collectors.

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Credit card industry is flawed

Apr 28 · by Next Level Credit

This information was discussed on Good Morning America in March 2009. There are going to be credit card industry changes ahead. Below are some new changes and other rules that are already active. Our view on credit cards is not to have one however if you MUST once your FICO is improved, then American Express is the only one we approve. You pay that balance every month.

Retroactive rates increase rate going forward

We are still trying to understand how this makes sense. An interest rate increase that is retroactive? That sounds like an oxymoron.

Universal Default – check credit report and increase rate even if score is good

This is in every credit card agreement. The credit card company can check your credit report and increase your interest rate based on your credit even if you have a good score.

Due date trap – credit card moves due date to am/pm – charged late fees

The credit card company can change the due date and time without notifying the consumer and then the payment would be considered late and you will be charged a late fee.

One other reason NOT to have a credit card is the mandatory binding arbitration. Arbitration is not fair to the consumer when it comes to credit card debt.

The government currently is talking with the CEOs of major credit card companies to help the consumer and negotiate payments to make it easier to pay. The government says they are cracking down on the teeny print in the contract. Credit card companies fund political campaigns, so don’t believe everything you read.

Though the Federal Reserve Board has finalized its credit card rule, it does not go into effect until July 2010! Congress is currently considering a number of proposals that could go into effect much sooner and contain some additional protections. In addition, Consumers Union, the Public Interest Research Group (PIRG) and the Consumer Federation of America jointly called on President Obama to make credit card reform an immediate economic recovery priority. (creditcardreform.org) 

 

Here are some questions for you:  

why do/did you have a credit card, what is/was the purpose, can you live without credit cards in your future?

 

Tell us and leave a comment below…

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Mitchell N Kay Plaza Associates and American Express

Apr 22 · by Next Level Credit

When a consumer is dealing with a junk debt buyer sometimes the consumer may think they are losing their mind.

The debt collector wants to confuse the consumer to have the consumer doubt themselves.

Here is a list of examples:

1. you paid off a credit card balance years ago but the collection agency says otherwise telling you it is collections unpaid

2. you receive a letter and it is not your identity but because your name is on the piece of paper it must be yours

3. you receive a letter from a collector with the original creditors logo and vp signature stamped on it – is it from the OC or from a collection attorney

Let’s expound on #3 . . .

Would it make sense to believe if you see letterhead and logo of American Express it would be from Amex? Modern technology these days and just a jpg and a banner can create any company letterhead. You say “well that is against the law to impersonate/imply the letter is from American Express”. We say these people break laws all the time to get you to pay them. Mitchell N Kay office offers a $25 American Express gift card. They want your money. Who cares about a gift card? It is confusing to the consumer to get a letter from a collector with the Amex letterhead. This guy wants to confuse you. They want you to call with confusion.

This agency is aligned with Plaza Associates and they work side by side to collect money from unsuspecting consumers. You may get letters from the law office or Plaza Associates.

Send a VOD (validation of debt) letter to them as soon as possible. Do not talk on the phone to these offices. There is no point to talking on the phone and the best protection is correspondence.

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Portfolio Recovery Associates debt collection scam

Apr 16 · by Next Level Credit

This collection agency is located in Virginia and known for buying very old worthless debt as far back as the 1990’s. So you ask why are they buying debt that is over ten years old? Number one – they could send them to consumers who are convinced they need to pay it. Number two – creative accounting tactics (per Bud Hibbs). Look this word up on wikipedia…”at the root of accounting scandals”.

 

Here is the mentality of PRA: The debt is expired and legally outside the SOL. The consumer knows this and will not pay PRA. However, what if you have to pay the IRS when PRA sends the consumer a 1099C? Madness!!! Then Portfolio Recovery Associates receives a tax deduction too. Madness!!!

 

Technically this would not be a dunning letter which is normally sent to the consumer. If you EVER receive a 1099C from PRA or any other collection agency, contact a tax professional. Also, send PRA a VOD letter.

 

Asset Acceptance Corporation has been using this scheme for a long time. The “alleged” account needs to be validated regardless of what type of notice you receive. How is PRA going to send a 1099C if they are not able to validate the debt? Contact your Attorney General and report a complaint and fight back.

 

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DOLA credit reporting and 7 years

Apr 13 · by Next Level Credit

It is a education in itself when it comes to reading a credit report. The big 3 – CRA’s Credit Reporting Agencies are TransUnion, Experian and Equifax. Each bureau has a different way of reporting the items listed. It is very helpful when the reports note when the item will “fall off” the report. That brings us to the topic of DOLA – date of last activity.

Date of last activity SHOULD be on the credit report as the last date of the LAST payment made. For example, if a consumer has not made a payment on the current credit card debt in 12 months, the date of last activity would be 12 months ago.

Some reports could note “NA” where the DOLA should read. We are referring to Equifax and most of the time there is no date listed.

So why is this important? The DOLA could make a difference on what should be on your report or can be deleted. Often these dates are miscalculated and even debated about what date the DOLA should be on the report (time frame). If the DOLA is incorrect, then the item could be alot older and can be deleted after 7 seven years.

By the way, collection agencies change the DOLA dates all the time. It keeps the item on the report and keeps the score down. It is like a dog chasing its tail, UNTIL the consumer learns more and takes action to change it. There are many violations, and the consumer can sue the CRA’s and win thousands.

Where can you get a free credit report? It is always best to order hard copies of your report. You are allowed 3 free reports every 12 months. 877-322-8228

It takes time but it is time well spent.

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Charge offs on your credit report

Apr 08 · by Next Level Credit

What is a charge off and what can you do about it?

A charge off is a term used on your credit report that means that the OC (original creditor) wrote off that particular account as a loss on their books. An OC has decided that account is unlikely to be paid.

Under the FCRA, the act states that after 180 days of non payment to the OC, that account can be charged off. It is deemed a loss by the IRS. The account is worthless. At that point, the OC may or may not sell the “junk debt”. If it is sold to a JDB, it is NOT sold for the balance due. It is sold for pennies on the dollar – a bargain, dirt cheap, and how much is pennies on the dollar?

The OC will contact the CRA – the 3 bureaus – and change the status to charged off debt. This is a negative item and derogatory which lowers your credit score. The date of that item to remain on the credit reports is for 7 years. Charge offs can be removed from the credit report. Of course, not all derogatory items can be removed if they are legitimately placed on the credit report. Most credit reports are full of errors and consumers accept the fact. You can dispute items in question to all the credit reporting agencies.

Taking the time to work on your credit report and raise the score is a tedious process but it can be done.

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Collection agencies vs. collection attorneys

Apr 02 · by Next Level Credit

What is the difference between a collection agency and a collection attorney?

They are both labeled with the acronyms CA, but have two different descriptions. One is more serious than the other.

Collection agencies are debt collectors that are in possession of junk debt. There are thousands – possibly 6,000 agencies – big and small all over the US. It does not take alot of expense to open a collection agency.

Collection lawyers are lawyers who specialize in collecting debt which is also junk debt.

Here is where it can get confusing. A collection agency can appear to be a collection lawyer office. They can write Smith & Jones LLC and you may think that is an attorney. They may or may not be a law office. A stand alone collection agency has limited power. How can you tell if it is a law office? You will have to do some research on them.

A collection attorney is something to be VERY concerned about. A collection law office with true blue lawyers is very serious. These lawyers may not know anything about collection law and the FDCPA but they should be licensed with the bar in your state. They are able to sue.

A collection agency in another state can work with a collection attorney in your state, so that you can be served a summons or complaint. Any letter from any collection agency can turn into a legal matter. This means you are on the court docket and about to be sued by that collection attorney.

IF you are talking with a collection attorney, you need to cease communication. All communication needs to be in writing. The office wants you to pay them before they take you to court. They would prefer to have you make payment arrangements. They do not want to go to court because they will lose.

STOP! First you must write to them and request validation. If they take you to court AFTER not providing any documentation, you will have your correspondence to show the judge that they could not validate the account. Case dismissed. You must act quickly if you are contacted by a collection attorney. The last thing you want to happen is to be served at your residence. This is very different from a collection agency. The collection attorney can sue quickly.

Understand that default judgments are big profit for them. If you do not know what to do, they win and they get money from you. They can garnish wages and paychecks. BUT first they have to win the judgment in court. Don’t let a collection agency scare you about a judgment. They have limited power. Only the collection attorney has the power to sue.

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