• Report: #282266

Complaint Review: Unifund Ccr Partners

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  • Submitted: Thu, November 01, 2007
  • Updated: Mon, October 06, 2008

  • Reported By:faribault Minnesota
Unifund Ccr Partners
Techwoods Cir Cincinnati, Ohio U.S.A.

Unifund Ccr Partners trying to collect on a debt that has been deletedf rom my credit file Cincinnati Ohio

*REBUTTAL Owner of company: File a complaint with your Attorney General's office of Ohio

*Author of original report: unifund ccr

*Consumer Suggestion: You're getting BAD advice from someone.

*Consumer Suggestion: You're getting BAD advice from someone.

*Consumer Suggestion: You're getting BAD advice from someone.

*Consumer Suggestion: You're getting BAD advice from someone.

*Consumer Suggestion: You're getting BAD advice from someone.

*Author of original report: unifund

*Author of original report: information

*Consumer Suggestion: Answer these question ----copy and paste them with your answers.

*Consumer Suggestion: File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

*Consumer Suggestion: File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

*Consumer Suggestion: File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

*Consumer Suggestion: File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

*Author of original report: fight them

*Consumer Suggestion: Be careful......They are trying to get a default judgement....Fight them

*Author of original report: unfare dealings

*Consumer Suggestion: More info to help

*Author of original report: confused

*Consumer Suggestion: Credit Reports are audit trails....Save them!!!!!!

*Consumer Comment: Hope this helps

*Author of original report: totally not understanding

*Consumer Suggestion: Statute of limitations

*Consumer Suggestion: Statute of limitations

*Consumer Suggestion: Statute of limitations

*Consumer Suggestion: Contact NACA lawyer.........see comments

*Author of original report: responce to comments

*Consumer Suggestion: suggestions. Fight them. Demand debt validation

*Consumer Suggestion: Somethings.

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ok i did a dispute on the computer with equifax back in 2005. it was with a credit card. well i later got a letter back form equifax saying that this iterm has been deleted form you r credit file. if you have nay questions regarding this account contact unifund.. no phone number just an address. well i didnt have any questions so i did not contact them. well come dec of 2006 i was serverd papers form the sheriff that unifund has turn this debt over to a como law firm in st paul minn and they are comeing after me for this debt that has been deleted form my credit file.

i have talked to my credit counslors they said i do not pay this because my credit report was ran and it is not on my credit report. i also spoke to equifax 4 diffeerent times and they said that if some thing is deleted form your credit file you are not responsible for this debt. the papers i got said about a law siut and garnishing my wages, the plaintiff prays for judgment against defendant in the amount of $2???.?? plus costs, disbursements, and allowable interest.

i have taken the papers up to the court house her ein my home toen and there is nothing filed up there and there is nothing on my credit report. this como law firm says that your credit report dont matter. well im sorry every ones credit report matters, it is a major part of your life. and me being a single mother of a 6 year old and i live pay check to pay check.

i cant afford this. i have never recieved any thing from this unifund in the mail if i had o yes i would have disputed this. i have heard nothing until the sheriff was at my door. i think this is nasty and they need to be in trouble for doing this to people. the last activity on the account was in 2001 and so this is also past the limitaions of 6 years. why is it that this unifund isnt stopped. why are they able to continue doing this to people. this is wrong...!!! where can we all get help to get rid of them?

Confused
faribault, Minnesota
U.S.A.

This report was posted on Ripoff Report on 11/01/2007 06:25 AM and is a permanent record located here: http://www.ripoffreport.com/r/Unifund-Ccr-Partners/Cincinnati-Ohio-45242/Unifund-Ccr-Partners-trying-to-collect-on-a-debt-that-has-been-deletedf-rom-my-credit-file-282266. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 REBUTTAL Owner of company

File a complaint with your Attorney General's office of Ohio

AUTHOR: Jeff - (U.S.A.)


I read your report and responded in the past. I would suggest that you go to Debtorboard.com and register. You can private email at jeff53072 thru Debtorboards. I am not an attorney.

Now I can understand the Department of Commerce may claim to help you But realistically You need to research being prepared for any suit. Minn has pocket service. they can start garnishing and levying bank accounts without a judgment.

You need to monitor the courts for any suit that they may have.

I been in the same position that you have. Collectors blowing smoke on bogus debt.

Debtorboard.com has all sorts of information available. Better then budd hibbs and all the rest. These dirtbags have allsorts of tricks. mispelling your name, serving at an old address. So do research from all angles.

Good luck to you
and monitor the clerk of courts in your county
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#2 Author of original report

unifund ccr

AUTHOR: Confused - (U.S.A.)

Hi Robert, thank you for your out put... but yes i was told by a federal credit union and a loan bank in another town that you DO NOT pay for some thing that is not on your credit report.. back when i had gotten the first set of papaers yes i was scared and i went to apply for a loan to pay this and they both said "NO" and then came the papers i was served, i did take them to the court house and they were ran and no there was nothing filed then.. I did talk to the department of commerce and they are now watching my info on the court web site because yes it is passed the SOL in minn, and the papers i got before were not real or some thing.. and yes i was also told by Equifax on 4 different times that if its not on your report you dont pay it.. i would never make up some thing and put it on the computer.. I am telling the truth.. i will keep in informed on what happens.. o and i did put in a report to the AG's office of minn.. nothing has come of that yet..maybe they are working on it i dont know.. until next time..
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#3 Consumer Suggestion

You're getting BAD advice from someone.

AUTHOR: Robert - (U.S.A.)

Someone is filling you with nonsense!

"going after someone for some thing that has been deleted from your credit file..""

I told you before and I'll repeat it now: A credit report in NO WAY determines if you actually owe the debt or not. PERIOD! ANYONE who tells you otherwise is full of it or grossly misinformed.

""I was told by a credit company and by a loan place that under no surcomstances you do not pay for some thing that is not on your credit report..""

I have trouble believing this. If this is true, then contact the "credit company" and the "loan place" and report these persons to management. THEY ARE WRONG!!!

Here's an example or two; 1. You owe me 2 months rent. I don't report this to the credit reporting agencies (although I certainly COULD if I wish to pay a fee to do so) so does this mean you don't OWE me my rent? Does this mean you shouldn't pay me?

Example 2. I purchase your used car, but I still owe YOU $2000 (you were nice enough to trust me for the remainder of the purchase price. You don't report it to the credit reporting agencies. By your statements and what you claim you're being told, I shouldn't pay you? Even though I owe you $2000?

You are getting BAD advice or your fabricating to embellish your story. Either way it doesn't matter. What matters is that folks understand that a credit report does NOT determine whether a debt is valid or not, or collectible or not-that's what the courts do.

""So we will see what will happen.. i strongly suggest that every one contact the department of commerce in your state and put in a report on these people.. and the BBB and the Federal Trade commission... Wish me luck...I have all my paper work ready to go...""

I wish you luck. Also, you reported that almost a year ago, they sent you something that "appeared to be from the court" but it seems clear now that it wasn't-THAT IS A VIOLATION OF THE FDCPA! You should consult with a competant attorney and consider filing a COUNTERSUIT against them for FDCPA violations.

Good luck.
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#4 Consumer Suggestion

You're getting BAD advice from someone.

AUTHOR: Robert - (U.S.A.)

Someone is filling you with nonsense!

"going after someone for some thing that has been deleted from your credit file..""

I told you before and I'll repeat it now: A credit report in NO WAY determines if you actually owe the debt or not. PERIOD! ANYONE who tells you otherwise is full of it or grossly misinformed.

""I was told by a credit company and by a loan place that under no surcomstances you do not pay for some thing that is not on your credit report..""

I have trouble believing this. If this is true, then contact the "credit company" and the "loan place" and report these persons to management. THEY ARE WRONG!!!

Here's an example or two; 1. You owe me 2 months rent. I don't report this to the credit reporting agencies (although I certainly COULD if I wish to pay a fee to do so) so does this mean you don't OWE me my rent? Does this mean you shouldn't pay me?

Example 2. I purchase your used car, but I still owe YOU $2000 (you were nice enough to trust me for the remainder of the purchase price. You don't report it to the credit reporting agencies. By your statements and what you claim you're being told, I shouldn't pay you? Even though I owe you $2000?

You are getting BAD advice or your fabricating to embellish your story. Either way it doesn't matter. What matters is that folks understand that a credit report does NOT determine whether a debt is valid or not, or collectible or not-that's what the courts do.

""So we will see what will happen.. i strongly suggest that every one contact the department of commerce in your state and put in a report on these people.. and the BBB and the Federal Trade commission... Wish me luck...I have all my paper work ready to go...""

I wish you luck. Also, you reported that almost a year ago, they sent you something that "appeared to be from the court" but it seems clear now that it wasn't-THAT IS A VIOLATION OF THE FDCPA! You should consult with a competant attorney and consider filing a COUNTERSUIT against them for FDCPA violations.

Good luck.
Respond to this report!
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#5 Consumer Suggestion

You're getting BAD advice from someone.

AUTHOR: Robert - (U.S.A.)

Someone is filling you with nonsense!

"going after someone for some thing that has been deleted from your credit file..""

I told you before and I'll repeat it now: A credit report in NO WAY determines if you actually owe the debt or not. PERIOD! ANYONE who tells you otherwise is full of it or grossly misinformed.

""I was told by a credit company and by a loan place that under no surcomstances you do not pay for some thing that is not on your credit report..""

I have trouble believing this. If this is true, then contact the "credit company" and the "loan place" and report these persons to management. THEY ARE WRONG!!!

Here's an example or two; 1. You owe me 2 months rent. I don't report this to the credit reporting agencies (although I certainly COULD if I wish to pay a fee to do so) so does this mean you don't OWE me my rent? Does this mean you shouldn't pay me?

Example 2. I purchase your used car, but I still owe YOU $2000 (you were nice enough to trust me for the remainder of the purchase price. You don't report it to the credit reporting agencies. By your statements and what you claim you're being told, I shouldn't pay you? Even though I owe you $2000?

You are getting BAD advice or your fabricating to embellish your story. Either way it doesn't matter. What matters is that folks understand that a credit report does NOT determine whether a debt is valid or not, or collectible or not-that's what the courts do.

""So we will see what will happen.. i strongly suggest that every one contact the department of commerce in your state and put in a report on these people.. and the BBB and the Federal Trade commission... Wish me luck...I have all my paper work ready to go...""

I wish you luck. Also, you reported that almost a year ago, they sent you something that "appeared to be from the court" but it seems clear now that it wasn't-THAT IS A VIOLATION OF THE FDCPA! You should consult with a competant attorney and consider filing a COUNTERSUIT against them for FDCPA violations.

Good luck.
Respond to this report!
What's this?

#6 Consumer Suggestion

You're getting BAD advice from someone.

AUTHOR: Robert - (U.S.A.)

Someone is filling you with nonsense!

"going after someone for some thing that has been deleted from your credit file..""

I told you before and I'll repeat it now: A credit report in NO WAY determines if you actually owe the debt or not. PERIOD! ANYONE who tells you otherwise is full of it or grossly misinformed.

""I was told by a credit company and by a loan place that under no surcomstances you do not pay for some thing that is not on your credit report..""

I have trouble believing this. If this is true, then contact the "credit company" and the "loan place" and report these persons to management. THEY ARE WRONG!!!

Here's an example or two; 1. You owe me 2 months rent. I don't report this to the credit reporting agencies (although I certainly COULD if I wish to pay a fee to do so) so does this mean you don't OWE me my rent? Does this mean you shouldn't pay me?

Example 2. I purchase your used car, but I still owe YOU $2000 (you were nice enough to trust me for the remainder of the purchase price. You don't report it to the credit reporting agencies. By your statements and what you claim you're being told, I shouldn't pay you? Even though I owe you $2000?

You are getting BAD advice or your fabricating to embellish your story. Either way it doesn't matter. What matters is that folks understand that a credit report does NOT determine whether a debt is valid or not, or collectible or not-that's what the courts do.

""So we will see what will happen.. i strongly suggest that every one contact the department of commerce in your state and put in a report on these people.. and the BBB and the Federal Trade commission... Wish me luck...I have all my paper work ready to go...""

I wish you luck. Also, you reported that almost a year ago, they sent you something that "appeared to be from the court" but it seems clear now that it wasn't-THAT IS A VIOLATION OF THE FDCPA! You should consult with a competant attorney and consider filing a COUNTERSUIT against them for FDCPA violations.

Good luck.
Respond to this report!
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#7 Consumer Suggestion

You're getting BAD advice from someone.

AUTHOR: Robert - (U.S.A.)

Someone is filling you with nonsense!

"going after someone for some thing that has been deleted from your credit file..""

I told you before and I'll repeat it now: A credit report in NO WAY determines if you actually owe the debt or not. PERIOD! ANYONE who tells you otherwise is full of it or grossly misinformed.

""I was told by a credit company and by a loan place that under no surcomstances you do not pay for some thing that is not on your credit report..""

I have trouble believing this. If this is true, then contact the "credit company" and the "loan place" and report these persons to management. THEY ARE WRONG!!!

Here's an example or two; 1. You owe me 2 months rent. I don't report this to the credit reporting agencies (although I certainly COULD if I wish to pay a fee to do so) so does this mean you don't OWE me my rent? Does this mean you shouldn't pay me?

Example 2. I purchase your used car, but I still owe YOU $2000 (you were nice enough to trust me for the remainder of the purchase price. You don't report it to the credit reporting agencies. By your statements and what you claim you're being told, I shouldn't pay you? Even though I owe you $2000?

You are getting BAD advice or your fabricating to embellish your story. Either way it doesn't matter. What matters is that folks understand that a credit report does NOT determine whether a debt is valid or not, or collectible or not-that's what the courts do.

""So we will see what will happen.. i strongly suggest that every one contact the department of commerce in your state and put in a report on these people.. and the BBB and the Federal Trade commission... Wish me luck...I have all my paper work ready to go...""

I wish you luck. Also, you reported that almost a year ago, they sent you something that "appeared to be from the court" but it seems clear now that it wasn't-THAT IS A VIOLATION OF THE FDCPA! You should consult with a competant attorney and consider filing a COUNTERSUIT against them for FDCPA violations.

Good luck.
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#8 Author of original report

unifund

AUTHOR: Confused - (U.S.A.)

well they are back at me again... i havent heard a thing from this unifund and or this como law and again out of the blue i got papers in the mail they have now filed a report at the court house and i am playing the waiting game to see when i go to court.. I also spoke to a lady i know that they are going after her and she has court this week.. i just told her to fight them and stand your ground.. we both asked each other why the government lets these people do this to cunsumers.. this is wrong.. going after someone for some thing that has been deleted from your credit file.. I was told by a credit company and by a loan place that under no surcomstances you do not pay for some thing that is not on your credit report.. So we will see what will happen.. i strongly suggest that every one contact the department of commerce in your state and put in a report on these people.. and the BBB and the Federal Trade commission... Wish me luck...I have all my paper work ready to go...
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#9 Author of original report

information

AUTHOR: Confused - (U.S.A.)

Hi Nathan, I thank you so much for keeping in touch with me... I do have a credit report that says this thing was deleted from my credit report, and i have a few different credit reports that say UNIFUND was NEVER on my credit report.. I have never seen them on there and i have NEVER heard from them..... I was in touch with the ohio attorney generals and i think they told me that i have to file a complaint with the minn attorney generals.. and i did that.. and the minn bbb, the department of commerce, the frederal trade commision.. i did it all.. and last week i did get a call back from the departrment of commerse.. so now i am doing the waiting game.. the department of commerce also knows that this law firm that is helpping UNIFUND didnt even show up to court last month when they took a lady to court right here in my home town.. i have been in touch with the lady and we talk at least once every 3 weeks..so when and if i hear from them she is going to go to court with me and she wants to put what ever she can against them... so we will see.. i guess i have no idea what else to do or where to go... i will keep you in formed... i wish there was a way we could be in touch....
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#10 Consumer Suggestion

Answer these question ----copy and paste them with your answers.

AUTHOR: Nathan - (U.S.A.)

Do you have old credit reports that show the last date of activity to be in 2001?

Yes or NO

You said the following. The last activity on the account was in 2001 and so this is also past the limitaions of 6 years".

Now, When you file your complaint with Ohio. Provide a copy of the credit report.
Provide the listing of unifund only. Delete your address, employer, social security number anything else thats personal. Or provide them with info to collect. use a black marker.

Attach a note to the complaint that you do not want to provide a full copy of the report to Unifund. The A.G office should withhold this info. Point out the Date of Last Activity to be MM/DD/YY.

Now here is the tricky part. I would suggest that you research Minnosota law on Statute of Limitations. Copy the statute into the complaint.

Minnesota Statutes of Limitation
Breach of contract for sale under the UCC: 4 years, (MSA 336.2.).

NOTE: Except where the Uniform Commercial Code otherwise prescribes, actions based on a contract or other obligation, express or implied, must be brought within 6 years after the cause of action occurred (Chapter 541).

Tolling: New written acknowledgement or payment tolls the statute of limitations for the debt.

Judgments: 10 years.


this is what I found.

541.05 VARIOUS CASES, SIX YEARS.
Subdivision 1. Six-year limitation. Except where the Uniform Commercial Code otherwise
prescribes, the following actions shall be commenced within six years:
(1) upon a contract or other obligation, express or implied, as to which no other limitation is
expressly prescribed;
(2) upon a liability created by statute, other than those arising upon a penalty or forfeiture or
where a shorter period is provided by section 541.07;
(3) for a trespass upon real estate;
(4) for taking, detaining, or injuring personal property, including actions for the specific
recovery thereof;
(5) for criminal conversation, or for any other injury to the person or rights of another, not
arising on contract, and not hereinafter enumerated;
(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to
have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(7) to enforce a trust or compel a trustee to account, where the trustee has neglected to
discharge the trust, or claims to have fully performed it, or has repudiated the trust relation;
(8) against sureties upon the official bond of any public officer, whether of the state or of
any county, town, school district, or a municipality therein; in which case the limitation shall not
begin to run until the term of such officer for which the bond was given shall have expired;
(9) for damages caused by a dam, used for commercial purposes; or
(10) for assault, battery, false imprisonment, or other tort resulting in personal injury, if
the conduct that gives rise to the cause of action also constitutes domestic abuse as defined
in section 518B.01.
Subd. 2. Strict liability. Unless otherwise provided by law, any action based on the strict
liability of the defendant and arising from the manufacture, sale, use or consumption of a product
shall be commenced within four years.
History: (9191) RL s 4076; 1953 c 378 s 1; 1965 c 812 s 20; 1978 c 738 s 1; 1986 c 444;
2000 c 471 s 1


-------------

I am not an attorney. I found this. Read it. and formulate your own understanding. Item 1 is what I would pay attention to.

541.05 VARIOUS CASES, SIX YEARS.
Subdivision 1. Six-year limitation. Except where the Uniform Commercial Code otherwise
prescribes, the following actions shall be commenced within six years:
(1) upon a contract or other obligation, express or implied, as to which no other limitation is
expressly prescribed


Do the Ohio Attorney General's office. Its worth a try.

Keep us informed

Nathan
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#11 Consumer Suggestion

File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

AUTHOR: Nathan - (U.S.A.)

I did some researching for you. Below is the info. for Unifund. They are allowed to do business in Minn.
Now, The good news. Try this website. www.ag.state.mn.us. This is the attorney General of Minnosota. Forget the department of commerce. I cannot stress the fact that you need to file a complaint with the attorney general's office.

The better business bureau is worthless. The A.G office is your first line of defense.

better yet I would file a complaint with Ohio Attorney General. You might have more success. Since this is their home state. Ohio Attorney General office. Did me right. Now, Do not get me wrong. Try to find someone to help write your complaint. provide any copies not orginals.

I tend to think that Unifund will take notice and respond. Tell them you deny the debt. You want to see all credit transaction receipts leading to the balance and the contract they claim you signed.


Filing Number: 1459609-2 Entity Type: Assumed Name
Original Date of Filing: 8/4/2005 Entity Status: Active
Entity Date to Expire: 08/04/2015

Name: Unifund CCR Partners
Address: 10625 Techwoods Circ
Cincinnati, OH, 45242


Keep in contact

Nathan
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#12 Consumer Suggestion

File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

AUTHOR: Nathan - (U.S.A.)

I did some researching for you. Below is the info. for Unifund. They are allowed to do business in Minn.
Now, The good news. Try this website. www.ag.state.mn.us. This is the attorney General of Minnosota. Forget the department of commerce. I cannot stress the fact that you need to file a complaint with the attorney general's office.

The better business bureau is worthless. The A.G office is your first line of defense.

better yet I would file a complaint with Ohio Attorney General. You might have more success. Since this is their home state. Ohio Attorney General office. Did me right. Now, Do not get me wrong. Try to find someone to help write your complaint. provide any copies not orginals.

I tend to think that Unifund will take notice and respond. Tell them you deny the debt. You want to see all credit transaction receipts leading to the balance and the contract they claim you signed.


Filing Number: 1459609-2 Entity Type: Assumed Name
Original Date of Filing: 8/4/2005 Entity Status: Active
Entity Date to Expire: 08/04/2015

Name: Unifund CCR Partners
Address: 10625 Techwoods Circ
Cincinnati, OH, 45242


Keep in contact

Nathan
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#13 Consumer Suggestion

File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

AUTHOR: Nathan - (U.S.A.)

I did some researching for you. Below is the info. for Unifund. They are allowed to do business in Minn.
Now, The good news. Try this website. www.ag.state.mn.us. This is the attorney General of Minnosota. Forget the department of commerce. I cannot stress the fact that you need to file a complaint with the attorney general's office.

The better business bureau is worthless. The A.G office is your first line of defense.

better yet I would file a complaint with Ohio Attorney General. You might have more success. Since this is their home state. Ohio Attorney General office. Did me right. Now, Do not get me wrong. Try to find someone to help write your complaint. provide any copies not orginals.

I tend to think that Unifund will take notice and respond. Tell them you deny the debt. You want to see all credit transaction receipts leading to the balance and the contract they claim you signed.


Filing Number: 1459609-2 Entity Type: Assumed Name
Original Date of Filing: 8/4/2005 Entity Status: Active
Entity Date to Expire: 08/04/2015

Name: Unifund CCR Partners
Address: 10625 Techwoods Circ
Cincinnati, OH, 45242


Keep in contact

Nathan
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#14 Consumer Suggestion

File complaint with Ohio Attorney General's office. See the website of Minnosota attorney general's office under finance

AUTHOR: Nathan - (U.S.A.)

I did some researching for you. Below is the info. for Unifund. They are allowed to do business in Minn.
Now, The good news. Try this website. www.ag.state.mn.us. This is the attorney General of Minnosota. Forget the department of commerce. I cannot stress the fact that you need to file a complaint with the attorney general's office.

The better business bureau is worthless. The A.G office is your first line of defense.

better yet I would file a complaint with Ohio Attorney General. You might have more success. Since this is their home state. Ohio Attorney General office. Did me right. Now, Do not get me wrong. Try to find someone to help write your complaint. provide any copies not orginals.

I tend to think that Unifund will take notice and respond. Tell them you deny the debt. You want to see all credit transaction receipts leading to the balance and the contract they claim you signed.


Filing Number: 1459609-2 Entity Type: Assumed Name
Original Date of Filing: 8/4/2005 Entity Status: Active
Entity Date to Expire: 08/04/2015

Name: Unifund CCR Partners
Address: 10625 Techwoods Circ
Cincinnati, OH, 45242


Keep in contact

Nathan
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#15 Author of original report

fight them

AUTHOR: Confused - (U.S.A.)

i have put in complaints with the ftc, and the department of commerce, i have put in so many reports.. i do check with the court house.. and i guess i dont understand how they could file court papers in a county that i dont live in.. i did get a call today from the dep of comm.. and they know whats going on and i am to let them know what happens in the future.. they also know that some attorneys dont show up to court.. so we will have to see what happens.. but i will be in court if the time comes.. i would think some time down the line the athorities would find out about this and do some thing.. i wish there was a way we could contact others that have and are going threw the same thing.. thank you so much...
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#16 Consumer Suggestion

Be careful......They are trying to get a default judgement....Fight them

AUTHOR: Nathan - (U.S.A.)


I would suggest you watch the courts. Sometimes you can check on line. My guess is that person should file a motion for permanent dismissal. I am not a lawyer.

She should talk with an attorney. I would search for old credit reports. They are audit trails. If need be black out the social security number. Be prepared.

I think they are trying to scare you into settlement. Now one thing you can do is talk with an attorney. They may be violating the Fair Debt Collection Protection Act. By serving papers as a threat when nothings been filed.

I would check what the statute of limitations in Minn is. I would check on this.
I personally waiting for unifund to make their move on me. I watch the courts.
In three counties. I check the newpapers. I go to the courthouse in one county.
I watch my credit report. I have my audit trails. This is besides the fact that they are trying to collect on a fraudulent account. Fact law provides protection. I will not provide them a affidavit because the information is used to collect the debt.

Go to your courthouse research answers to complaints that defendants have filed
in response to Unifund. Use these as a template.

I would file a complaint with FTC.gov(.) Get prepared. Never ever talk with them. Only do it in writing. Do not admit guilt. Deny everything and challenge them on everything.

These are mobster extortionists. They are professionals. They know how to get that default judgement.

I also question the intentions of the lawyer that served you papers. YOu might want to file a complaint with lawyer regulation board in your state.

I WILL FORWARN YOU THIS MAY BACKFIRE. THEY MAY COME AFTER YOU. tHINK ABOUT THIS AND DO IT AT YOUR OWN RISK.i DO NOT WANT TO GIVE YOU LEGAL ADVISE. THAT IS ILLEGAL. SO CONSULT AN ATTORNEY. NACA ATTORNEY'S ARE GREAT. iF THEY THINK THEY CAN WIN. THEY WILL TAKE IT ON A CONTINGENCY. tHE WEBSITE IS naca.NET. THINK BEFORE YOU ACT.

I wish you the best

nathan
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#17 Author of original report

unfare dealings

AUTHOR: Confused - (U.S.A.)

i have talked to the clerk of courts and there is nothing there.. and no there was no court date that came with any of my papers.. and then last week i met someone that this unifund is trying to collect form and they had a court date last week well guess what???? this unifunds attorney NEVER showed up... so now she is sitting in limbow not knowing what is next and when she got her court papers it dont even say what they are takeing her to court for... how wrong it that??? anyone out there haveing unfare dealings with unifund lets work together on this and fight them all the way..e-mail me at (((ROR REDACTED))) ill share the rest of my story..

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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#18 Consumer Suggestion

More info to help

AUTHOR: Nikki - (U.S.A.)

I have heard of some collection companies serving bogus court papers to make it look like they are suing you to get you to pay them. I don't personally know if that is the case. If you are served with a summons in my county, you are usually given a hearing date along with those papers. Did you get a hearing date? Ask your clerk if a hearing date would have come with the papers.

They could be trying to scare you into paying them, or they might really be gearing up to sue you. If they do sue you, once again, make sure you bring up the fact that the statute of limitations is over in your state (if the 6 years in your state is correct).

As for running inquiries, unfortunately any company that has an account in your name can run inquiries. More and more collection agencies are doing this. In fact, I have one that is 10 years old and runs an inquiry every 3-6 months. They do this because since they can no longer report it as a bad debt (passed the 7 years credit reporting limit), they still want to harm you anyway they can. Hopefully this practice gets changed.

Credit counselors usually will tell you that you don't have to pay anything that is not on your report. Why would you want to? It's not harming you. At that point is becomes a moral issue as to whether you want to pay the debt. It has nothing to do with your credit. As for Equifax telling you that you are not responsible for the debt, you are not legally responsible as long as the statute of limitations is over.

However, as I stated before, the collection agency can try to get you to pay the debt forever. The statute of limitations does not have any bearing on if they can call or write and bug you for the money. They still can even try to sue you for the money, hoping you don't know about bringing up the statute of limitations as part of your defense.
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#19 Author of original report

confused

AUTHOR: Confused - (U.S.A.)

Nikki & Nathan, hi thank you for giveing information. just wanted to say when i did the dispute back in 2005 it was with the first creditor not the collection company. that collection company has never been on my credit report. the sol in minn is 6 years. the last date of activity was 3/01. i did get papers served to me, and there has never been any thing filed at the court house. and this unifund they have never been on my credit report for any kind of collections. when i went to the credit counslor she ran my credit report from all 3 places and this unifund is only on there because back in may of 2006 they ran my account. How can they just run someones credit account?? and after they bought this debt back when i dont even know when they bought im guessing back in 2005 they NEVER sent me any thing in the mail or phoned me about this. NEVER. I think what they are doing is very unfair to consumers. we all need to fight together.
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#20 Consumer Suggestion

Credit Reports are audit trails....Save them!!!!!!

AUTHOR: Nathan - (U.S.A.)


My attorney is using credit reports as proof that they reaged the debt. So hang on to them. My debt was the result of identity theft. Not against Unifund but, another big mobster in the collection business.

In my case they reaged the debt. After I sent a letter to validate the debt. They never responded to it. But they sure knew how to update that credit report.

Its a good idea to run credit reports as often as you can afford it. Remember going to Http://www.ftc.gov. They have a special site to run your annual credit report for free. Try it.
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#21 Consumer Comment

Hope this helps

AUTHOR: Nikki - (U.S.A.)

First, whenever you dispute any entry with the collections agencies, make sure either you really don't owe any money on this matter, or make sure the statute of limitations is over. Sometimes when you dispute items on your credit report, you are opening a can of worms. You are "reminding" the collection agency that it is still within the statute of limitations and they need to file suit ASAP.

Here is where you were either misled or you misinterpreted what you were told. Technically, if you owe money, you owe it forever. Just because it is off your credit report does not mean you owe the money, it just means it won't be held against you for future transactions. If something is not on your credit report, it is not hurting you. I think that's why the few people you spoke with told you not to pay.

If a creditor or collection agency files a lawsuit against you within the statute of limitations time in your state, you better have proof you either paid the debt or the debt is bogus. It is difficult to win if you have not met your obligation, but not impossible.

If the statute of limitations time is over, that does NOT mean they cannot call you. That does NOT mean they cannot still try to collect. It also does NOT mean that they cannot file a lawsuit against you. It only means that if they do file a lawsuit, and you BRING UP that the statute of limitations has run as a part of your defense, then you should win the case. If you think the statute of limitations is over and they cannot sue so, so you don't show for court, they will win by default, statute of limitations or not.

Remember, if you don't bring up that the statute of limitations is over as a part of your defense, the judge will not rule on that point. The judge is there to mediate the law each party brings up. The judge is not there to bring up additional info that has not been presented to the court to help one side win over the other.

You need to check the statute of limitations for your state. In addition, if you have moved from one state to another, this changes the SOL. If you moved out of state and moved back in, that also changes the SOL. Look on past credit reports to find out the exact date you made your last payment, or date of last activity.
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#22 Author of original report

totally not understanding

AUTHOR: Confused - (U.S.A.)

i really dont know what to think any more. i was never contacted by unifund from the beginning. i have never gotten a thing in the mail or any phone calls. all i got was papers at the door. no court date nothing. it has been almost a year and yes i have talked to credit counslors and yes i have talked to equifax 3-4 different times.

the counslors have said that i shouldnt worry about paying some thing tha tis not on my credit report, and equifax did tell me each time i spoke to them that it was deleted form my file i am not responsible for it. and yes the papers i got were from my home town and i have been checking with them. there is nothing.

i did do a complaint with the bbb, the attorney generals, the department of commerce, the ftc. i have put in my complaints. the person that said they have a naca attorney what is there name? i would like to contact them. please. can we give e-mail address over this?? and yes the last date of activity was like 3 of 01.
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#23 Consumer Suggestion

Statute of limitations

AUTHOR: Robert - (U.S.A.)

The statute of limitations for debt in Minnesota is 6 years, so it appears that if this is a legitimate debt of yours, they can sue you and win a money judgement against you for it.

They will have to prove it's your debt AND that they are entitiled to collect on it.

There should be some address on these papers that you received. If they haven't filed a suit against you it seems likely to me that they will.

What I posted earlier to you is true - a credit report does NOT in any way determine if a debt is valid or not, or collectible or not. The people who are advising you that you don't have to pay because it is not on a credit report are grossly mistaken.

I would consult with an attorney before shelling out a dime. You're in a touchy point of time right now. If you do nothing and they sue, they might very well win. Then again, if they don't show up and you do show up, they lose. What complicates matters is that the SOL is almost up. It's kinda like playing Russian Roulette. Will they sue? And if they sue, will they show up in court? Those are the questions that you must answer (I can't answer that for you.)

If you have requested validation of this debt or disputed it in writing you received nothing, some body is violating the FDCPA. However, that has no bearing on whether you have to pay this debt.

That is what the courts are for.

I would consult with an attorney. If you can't afford one, perhaps you can contact Legal Aid for some competant legal advice.

Good luck.
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#24 Consumer Suggestion

Statute of limitations

AUTHOR: Robert - (U.S.A.)

The statute of limitations for debt in Minnesota is 6 years, so it appears that if this is a legitimate debt of yours, they can sue you and win a money judgement against you for it.

They will have to prove it's your debt AND that they are entitiled to collect on it.

There should be some address on these papers that you received. If they haven't filed a suit against you it seems likely to me that they will.

What I posted earlier to you is true - a credit report does NOT in any way determine if a debt is valid or not, or collectible or not. The people who are advising you that you don't have to pay because it is not on a credit report are grossly mistaken.

I would consult with an attorney before shelling out a dime. You're in a touchy point of time right now. If you do nothing and they sue, they might very well win. Then again, if they don't show up and you do show up, they lose. What complicates matters is that the SOL is almost up. It's kinda like playing Russian Roulette. Will they sue? And if they sue, will they show up in court? Those are the questions that you must answer (I can't answer that for you.)

If you have requested validation of this debt or disputed it in writing you received nothing, some body is violating the FDCPA. However, that has no bearing on whether you have to pay this debt.

That is what the courts are for.

I would consult with an attorney. If you can't afford one, perhaps you can contact Legal Aid for some competant legal advice.

Good luck.
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#25 Consumer Suggestion

Statute of limitations

AUTHOR: Robert - (U.S.A.)

The statute of limitations for debt in Minnesota is 6 years, so it appears that if this is a legitimate debt of yours, they can sue you and win a money judgement against you for it.

They will have to prove it's your debt AND that they are entitiled to collect on it.

There should be some address on these papers that you received. If they haven't filed a suit against you it seems likely to me that they will.

What I posted earlier to you is true - a credit report does NOT in any way determine if a debt is valid or not, or collectible or not. The people who are advising you that you don't have to pay because it is not on a credit report are grossly mistaken.

I would consult with an attorney before shelling out a dime. You're in a touchy point of time right now. If you do nothing and they sue, they might very well win. Then again, if they don't show up and you do show up, they lose. What complicates matters is that the SOL is almost up. It's kinda like playing Russian Roulette. Will they sue? And if they sue, will they show up in court? Those are the questions that you must answer (I can't answer that for you.)

If you have requested validation of this debt or disputed it in writing you received nothing, some body is violating the FDCPA. However, that has no bearing on whether you have to pay this debt.

That is what the courts are for.

I would consult with an attorney. If you can't afford one, perhaps you can contact Legal Aid for some competant legal advice.

Good luck.
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#26 Consumer Suggestion

Contact NACA lawyer.........see comments

AUTHOR: Nathan - (U.S.A.)


My question is are you checking where you currently live? The bottomline is you have to be assertive about researching them and where they filed. These dirt bags will do anything to get a default judgement.

Do It for your kids to protect them from not having the basic necessities.

I think it time for you to contact a NACA attorney. I have one. He is great.
Thus far he has helped me. Ultimately we will file suit. It is worth a try. Here is the website naca.net Get all paperwork together. Find those old credit reports. If its off your credit report. I think they are trying to collect after the statute of limitation expired for legal action.

Please keep me informed. I don't want your family hurt by these mobster extortionists. They are lower then scum. I am not an attorney. I know something.
I also suggest that you file a complaint with the ftc.gov You can also file a complaint with your Attorney General in the mean time. Till a NACA lawyer goes to work for you. The attorney general of Minnosota is ag.state.mn.us
File a complaint. Its worth a try. Do not sit back and ignore this. It will not go away. Do it for your babies.

Good luck
and
God bless
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#27 Author of original report

responce to comments

AUTHOR: Confused - (U.S.A.)

i have been in contact with the courts in my home town..as of last week there was nothing filed at the court house.. the court papers are form my home town..there has been nothing filed in any court house.. and i did an answer letter way back in dec of 2006..i did ask for documents and they sent me old bills from back in 2001 and that was the last date of activity on that account..and there in nothing on my credit report as of last month..
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#28 Consumer Suggestion

suggestions. Fight them. Demand debt validation

AUTHOR: Nathan - (U.S.A.)

I reccomend that you get a NaCa attorney. Go to Budhibbs.

Not all lawyers are crooks. Keep the faith. I suggest you continue checking the courts. If they served you at that address. Then they filed in that county court.
Keep on checking various courts in your area. You must research where they filed.

DO NOT LET THEM GET A DEFAULT JUDGEMENT. Once you find out where its filed.
Pay the jury fee. you must file an answer. Follow the format of the complaint.

Demand they provide discovery. Send a letter to the attorney handling the case. Demand copies of all documents. File a motion for discovery with the court.

I can not tell you everything. Answer the complaint. This is a must.

Good Luck
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#29 Consumer Suggestion

Somethings.

AUTHOR: Robert - (U.S.A.)

DO NOT ignore the summons. That's what they want. Even though the SOL is expired many of these bozos file a suit hoping you will ignore it - they get a default judgement against you. The courts will not assert an expired SOL defense for you. You must do that. You must respond to the summons and AFFIRM as a defense against judgement that the SOL is expired.

You wrote: ""i have talked to my credit counslors they said i do not pay this because my credit report was ran and it is not on my credit report.""

I suggest you find different credit counselors. A credit report is just that - a credit report. A credit report listing does not in any way determine if a debt is valid or not, or collectible or not - that is what courts are for. There are 3 ways a valid debt can be absolved; you pay it off, the creditor forgives it, or bankruptcy court orders it absolved.

You also wrote: "" i also spoke to equifax 4 diffeerent times and they said that if some thing is deleted form your credit file you are not responsible for this debt.""

What? I doubt this actually occured. The employees at all three credit reporting agencies know better than to spew that nonsense. Further, they simply make credit reports. They don't care one wit whether you pay or don't pay. Their only concern is that the reports they generate comply with the Fair Credit Reporting Act and whether or not you can win a lawsuit against them for violations of law.

COURTS decide if someone is responsible for a debt, not the credit reporting agencies and their employees.

Again, do NOT ignore the summons. The papers that the sheriff "left" for you should have an address where you can respond to the summons. They may have filed suit against you in a different court - not the one in your home town.

Check the papers "left" for you very carefully. If necessary, you should consult with an attorney and respond to the summons. If you do not respond, they very likely will get a default judgment against you. Then your life gets more complicated. Once they have a money judgement and you don't pay, they can go back to court to get an enforcement order to do such nice things as: garnish your wages, levy against your bank account(s), lien against your home, lien against any personal property of value such as a car, boat SUV and the like.

Good luck.
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