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Showing content with the highest reputation on 01/08/2015 in all areas

  1. 2 points
    I'm so excited that today, al three credit bureaus deleted the entry from Portfolio Recovery. It took me a couple letters, a complaint to BBB and a very long email to their vice-president. But two days after that email.... everything is gone!!!! So exciting! This is my first win!
  2. 2 points
    Az Piano Lady You rock I am glad you smacked them good. You worked hard in the toughest court in the country. You backed off a certified ahole CA. I think that you're willingness to help others is stellar .
  3. 2 points
    Well now, should I change the title of this thread to men who disagree? What has happened in here? I will not say my win was luck!!! It was hard work , a lot of motions, some bad advice that I could have prevailed maybe sooner. But I was not bitter as I could have been on top of things myself, and not relied on others here. Goodness , This thread has gone to a place where nothing positive is being accomplished. No one asks to stay in your own state and not try to help anyone else. However, that being said there are people in your own state that don't put out a good vibe. Let's try to focus on why we are here. Not to be an addiction, for some maybe it is becoming that. Let's get back to the point of this thread. I won Thanks for the help. And lets continue on to figure a way not only to help others but to fight JDB's and their bogus affadavits. Lets concentrate on the real problem and quit the bickering!!!!!!!!!!!
  4. 2 points
    Personally, if they have admitted their witness won't be there why sign anything. They can dismiss without your signature or settlement. I don't see what you are getting for signing any settlement agreement. There is nothing in it for you... I would let them dismiss at time of trial, then go after your costs
  5. 2 points
    There's your answer ^^^^^^^^. You cannot sign an agreement that is missing a page from someone that is trustworthy, you most certainly cannot sign an agreement missing a page from a bottom feeder. You are not over reacting.
  6. 2 points
    My court case was today and the judge ruled in my favor after 20 minutes of waiting in the lobby past my scheduled time. The lawyer didn't call or show up. It appears based on the book the court had out that I was the only midland case for the day. I'm glad this website was here to give the information to fight the case. Thank you all!
  7. 1 point
    @lionhunter ... While some secured cards may report to the CRAs, FICO can detect them and essentially ignores them in calculating scores (in fact, secured cards may actually hurt a little).
  8. 1 point
    @lionhunter Thanks!!!! Yes I'm working hard to eliminate Midland and CMRE. I was just shocked how fast they deleted the entry!
  9. 1 point
    YEARS ago, it was fun to be here and on CBs. There was so much valuable information and so many ways to accomplish repair. It seems that the trolls learned well and slowly, but surely are closing down most methods of credit repair. I feel like the only methods left are a simple dispute (with the easy deletion) or GW letters....most of which (of both) fail nowadays. Even B* has essentially been shut down (not that a few inqs make a huge difference in score anyway). Before the crash, CB had turned into a CW festival with little repair advice given or requested. Went back to CB after the crash trying to find what methods worked now. Next to nothing. The posters there have driven off the favs (like GEORGE) and now are hostile as hades. Sure, old timers do get tired of newBs that ask without reading first, but so much of the posts are so cryptic that unless you know all the abbreviations or that something in somebody's siggy is a link.... that even old timers might ask for clarification... attack much? I'll still be around here. It just seems like there is not much activity as there was in the early 2000s. I hope that changes. But for me, I have posted my last at CBs. I guess it is time for lots of legal research to see if there is but another way we can find that can repair our reports. Here's to 2015! May the credit gods be generous!
  10. 1 point
    @BV80 I disputed the entry and asked them for an statement on this account or a contract. I will post the letter I sent soon. @momof5 it will be SOL in March
  11. 1 point
    I received something similar the morning of my trial. I didn't have time to read it, so I rejected it outright - but, more or less, the lawyer said it was the same thing you've been given (dismissal, agreement not to sue them, everyone handles their own costs). 15 minutes after telling the lawyer "no thanks" the case was dismissed. I simply see it as a last ditch effort to minimize the damage before dismissing. That morning the lawyer did her best to make me feel that I was being given an opportunity with that deal, it was silly. If they had any confidence at all in their case, you would not be receiving such offers.
  12. 1 point
    So I should sue my lawyer for using Sky Drive because that means he shared my case details with Microsoft? Sorry, but if you want to put that much effort into finding technical violations, why not just go to the ColtFan-School of tricking collectors into slipping up on the phone?
  13. 1 point
    What do prices of items in a retail store have to do with 3rd party record repositories? It is not only about trusting an unknown entity that stores records being used as evidence against you, it is about the additional layers in the chain of custody of said evidence. Does the OC rely on these records to conduct business? Not really anymore, if these are the records of accounts that have been sold off to JDBs, the only one accessing them would be a JDB. How many JDB's can access these records? Do they have to prove ownership before they can login and download records? Or can they peruse the entire database regardless of ownership? Without any information regarding the role convoke plays in the chain of evidence, then this raises an issue of trustworthiness, that can be used to move passed a MSJ and onto trial. You guys are all looking for ways to get by a MSJ, I'm trying to fill the toolbox, or at least have a open discussion about it.
  14. 1 point
    I suspect that the lack of activity on CiC might have to do with the time of year. Its the "spending" time...the "oh my god how am I going to pay for it" time will happen in 4-6 weeks. Even though I've been here a long time, and my finances are in pretty good shape, I still find I run into things I wasn't prepared to deal with. Anyway, glad to have you back...
  15. 1 point
    What are the OC's, how much was CO'd, what was DOFD? Which CA is assigned to which acct? When did you leave the US? When do you expect to return? Which state are you thinking about moving to?
  16. 1 point
    Actually there may be plenty in it for the OP. Whatever the bottom feeder decides to put in the missing pages.
  17. 1 point
    these links may help you to prepare in identifying hearsay during trial. video: https://www.youtube.com/watch?v=FaCDUKoG_kk and a course: http://www2.courtinfo.ca.gov/protem/courses/hearsay_1/01_01.htm
  18. 1 point
    @xlxaxa Note that in order to sue under the Fair Credit Reporting Act, you must dispute the account entry with the credit reporting agencies. If you only dispute directly with the creditor or JDB, you do not have a private right of action under that Act.
  19. 1 point
    @fisthardcheese Whether or not it's a violation would depend upon the reason for the $38.50 in interest. If that's an amount that was charged by the OC, Midland is not being deceptive. It's a difference of 45 cents. While technically incorrect, I wouldn't hang my hat on it. But, like you said, it wouldn't hurt to speak to an attorney. Who knows what violations an attorney might find.
  20. 1 point
    here is some helpful information to all ARTICLE: DEFENSE of Assigned Consumer Debts http://www.courts.ca...SRL5eRooney.pdf
  21. 1 point
    Whatever the issue with a financial product or service, it's the job of the Consumer Financial Protection Bureau (CFPB) to take care of it. Here's what such comprehensive reach looks like. The post CFPB Overview: 9 Ways They’ve Got You Covered appeared first on Creditinfocenter Blog. View the full article
  22. 1 point
    Another quick update..., which might be my last. I decided to hand my case over to some very competent counsel here in the area on a contingency fee basis. He had fought Cach, LLC on numerous cases and has a pretty impeccable record against them... However, what I can share is if you decide to go Pro Se 1) Check the statements that Cach sends carefully. See if they include a statement that is the charge off from the OC, and therefore has a $0 balance. Use this to agree with Cach that an implied contract does exist, and you agree to the $0 amount 2) Consider hiring legal counsel on a contingency basis. Look at the cases that have closed, most courts have online dockets, and see who keeps winning against Cach. In particular, look for the attorneys that are successful in obtaining legal fees from Cach for defense of your case. 3) Be a thorn in the side of the JDB. Once they see you'll fight at every angle, the value of their efforts drops. They like to take a shot at the pro se defendants in the hopes that you don't know your stuff or your case. Fight them on every angle, object to every affidavit, seek MSJ early, make sure to request production and admissions at the same time you answer, make them work!!! Learn the rules, and apply them to your case. 4) For Florida defendants, check to see if your court is a stickler for enforcement of F.S. 559.715 which requires notification of the assignment 30 days prior to bring suit. This is a strong compelling reason for a MSJ. 5) Show up to your pre-trial hearing...DON'T MISS IT!!! 99% of these cases are won by the JDB's by default i.e. the defendant never shows up for the pre-trial hearing. If you've laid the groundwork with your answer, and discovery/admissions, they will already have passed the first deadline to produce at your hearing. This is a good time to raise this with the court, and assert your right to request the court to compel them to comply. 6) Have some fun...I know it seems daunting, but you can do it and have some fun along the way!!! I say this as having taken a few CA's to court pro se for FCRA violations. It's always fun to see the opposing council pull you to side and ask "what do we need to make this go away?" Good luck!!!!
  23. 1 point
    @WhipItGood From what I can tell, the firm is simply a collection law firm that represents both OCs and JDBs. I don't believe they're connected to any particular company. Here's a thread in which they represented Capital One. http://www.creditinfocenter.com/community/topic/313194-just-received-summons-machol-johannes-for-capital-one/
  24. 1 point
    BUMP never did work. Advice still holds. Avoid "secured" credit cards, they don't help. Store cards don't help (unless you need them to buy supplies for your business). Best bet is to build up a working relationship (i.e., cash flowing in and out) with a local bank or credit union. Get a debit card on your checking account. You're going to need 6 months to a year of good cash flow to bring your actual FICO scores above 600.
  25. 1 point
    meet and confer letter sent out. Hopefully they respond soon so I can get the subpoena out. I will start working on the trial brief in the meantime
  26. 1 point
    Thanks for answering and your kind words! that's information, my credit monitoring site shows this debt so that scared me, but that's a relief!
  27. 1 point
    Best wishes for your dad... Unless you live with your dad and are still under 23 or so, FICO ignores the AU accounts...it has no effect on your FICO scores. I'd suggest you delete it...just in case your dad has to default and some collection agency decides to come after you for the money.
  28. 1 point
    Second the above post. Prepare for trial and it is perfectly normal to have a freakout before trial.
  29. 1 point
    Well, thank goodness we showed up at the Trial Readiness Conference! We checked the docket several times today to see if the case had been dismissed, but it never was. Had we not shown up at court they would have given the plaintiff a default judgement. But we were there and you could just see the plaintiff's rent-a-lawyer's body language when my husband stood up to approach the bench. First thing out of his mouth, "Your Honor I've been instructed to dismiss this case without prejudice". WooHoo!! And in the process I was able to refer a few people from the courtroom to CIC
  30. 1 point
    There is another layer that needs to be added here. Many of the JDB's do not get the records from the OC. They get them from data repositories, like convoke systems. This is important, because it adds another layer of foundation that is required. OC > Convoke > JDB1 > JDB2 > JDB3 > etc... The original sales contract (forward flow) will show which intermediary (if any) the records are being stored & available from.
  31. 1 point
    First put the drama llama back in the paddock. Certainly in the last 6 months you received bills from the provider stating the insurance company had not paid. You had ample opportunity to pay this small charge and fight it out with the insurance company so that it did not affect your credit. Before you argue: you signed a patient financial guarantee stating that you would be responsible for all charges not covered by your carrier. There are two views to this: you think they are low life because they want to be paid for the services they provided you and sent it to collections when they didn't get it. They believe you are a low life because they provided services and you have refused to pay for them. You received care from the medical provider do you not believe they should be paid for delivering it to you? This is preferable to paying the collection agency. The one problem is that some contracts between providers and agencies state specifically they will not take the payment directly and will refer patients to the CA once the account is placed in collections. You cannot force the provider to violate their contract with the CA. You cannot demand that they remove an accurate trade line from your credit reports. You can ask, You can negotiate but there is no demanding that they give you what you want. You catch more flies with honey than you do with vinegar. You start by contacting the provider and with sincerity ask to do a pay for delete where you pay them and they get the CA to delete the trade line from the 3 reports. If you have not had any contact with them when the insurance didn't pay a simple "gee I did not realize that my carrier didn't pay this. I would like to pay you right now and while I do this I would greatly appreciate it if you could get the CA to remove this from my credit reports." Then build from there. If they cannot work with you then you will have to negotiate the PFD with the CA directly. I highly suggest you leave out language like "fraud, scum bag, low life, and low class scum" or any other insult that you used here because it will cause them to dig in their heels and refuse to work with you. Most insurance companies have a maximum time frame in which you can appeal the denial of a claim. Do not wait too long after taking care of the bill to appeal their denial or you could find it time barred.