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Credit ruined by a collection agency who can not validate debt. Got denied for home refinance and need help

Houston, TX |

I have requested validation of the debt from the collection agency twice with no reply back either time. My request was received by the agency within the 30 days but The call continued despite my request for validation. The account rep was not even aware that the letter was received at first. But then the call continued. The collector called me 5 times repeatedly within a 30 min time frame. The collector told me they will continue to call because they contacted their client and the client says its my debt. But they will not reply to anything in writing or documented proof this this debt.
I am in a dire situation as I need to refinance ASAP before being foreclosed on. That I can not afford being a disabled person on SSDI. Any help is greatly appreciated as is urgently needed. Thanks

Attorney Answers 5

Posted

There seem to be some violations of law here -- the calls should stop between your request and the collection agency providing a written response.
Did you write to the credit reporting agencies and dispute the debt there? That may also help but only if there is an actual error on your report. If this is a debt you owe and it is accurately reported, do not dispute it.
You can contact a consumer attorney who specializes in this area of law in Houston by looking at National Association of Consumer Advocates website -- I recommend Dana Karni.

The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Hill Country Consumer Law ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Ms. Kleinpeter nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims.

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Posted

Atty. Kleinpeter. Thank you so much for your advice. It was most helpful. Have yourself and happy holiday season and an even more prosperous New Year!

Posted

Get a recorder and record all calls, document the times and who has called. Talk to a local attorney about a potential debt collection action.

I'm not your attorney; my answer includes assumptions. If you want me to be your attorney, I'm easy to find.

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Posted

Order all 3 credit reports to see who is listed as a creditor that should include address and phone numbers. If you do not owe you should contact a Consumer lawyer to see if there are violations and if so to take action.

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Posted

Xsounds like you need a chapter 13 bankruptcy

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Posted

Atty. Busby, I am curious as to why you suggested chapter 13 bankruptcy? What benefits will I as a consumer gain from the bankruptcy? Would I be able to get the home equity loan afterwards? Would filing the bankruptcy have the negative mark placed on my credit removed? And lastly what happens about this debt that I do not owe and its affects of being wrongfully reported to credit reporting agencies? No other attorney suggested filing bankruptcy.

Posted

Sounds like you need to talk to an attorney about filing a chapter 13 bankruptcy. Also, whatever problem that is on your credit report is not going to be resolved quickly so you probably need another plan. Sometimes lenders will allow you to prove to them that the debt is not owed and being reported erroneously. I would reach out to family to see if you can find a co-signer. But as a very last resort consider a reversible mortgage, that is if you qualify.

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