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Showing content with the highest reputation on 02/21/2015 in all areas

  1. Court of Appeals of Kansas....................................... The parties are hereby notified that the above action has been assigned to the summary calendar...... 14 days for either party to make a motion for oral argument, then it is on!!!
    3 points
  2. I've posted a few times on this topic and came across an interesting article and comments from a leading credit industry expert and directly from Experian on the matter tonight. I had to post this for your thoughts and comments. After receiving an IRS 1099-C form from a creditor, also known as a "Cancellation of Debt" form, there is a debate on the creditor's continued legal right to collect, and how the matter should be reported to the credit bureaus. Regardless of where you (or court opinions) stand on the issue of future debt collection, the secondary issue of credit reporting appears to handled differently by different banks. One bank may report a balance of $0 after issuing a 1099-C, while another will continue to report the full balance as still due and payable. The following article, written by credit expert John Ulzheimer, sides with the position of an account being reported as "Balance Due $0" after the issuance of a 1099-C. Even more interesting, Experian's Vice President of Public Education stated on this topic: “If the lender agrees to settle the debt for a lesser amount, the account should be reported with a zero balance because the consumer no longer owes anything to the lender. The tax burden is between the consumer and the IRS." Here's the full article: http://blog.smartcredit.com/2012/11/01/why-did-i-get-irs-form-1099-c-from-my-credit-card-issuer/ Has anyone sent a copy of their 1099-C to a credit bureau and successfully had them change a reporting balance to $0 ?
    1 point
  3. Thanks, @BV80. Sounds like it could be either one. I'll give the postal inspectors a call.
    1 point
  4. @PayCutHurtMe Based upon what you posted, I can't think of a reason that the USPS would have to pull your CR. Have you considered the possibility of ID theft or a mistake? Perhaps someone applied for a job at the USPS and used your social security number or the USPS misread the number.
    1 point
  5. AU will not raise your score one point. FICO factors those accounts out not in.
    1 point
  6. It is 20 calendar days before trial for ccp 98 service on declarant. So I wouldn't ask for a continuance on that, the continuance may make them bring the witness. You are doing really well at this point. The bill of sale issue is valid, but the forward flow agreement may say the can sign in different parts. Use the bill of sale issue to smoke out the forward flow agreement. For example" You: Your honor, I object to this Bill of sale because it is not properly signed and doesn't appear to be a valid bill of sale. Absent any language designating procedures for conducting in the Forward flow sale agreement which this alleged document purports to be an exhibit, we will never know if a sale occured or the alleged bill of sale was cobbled together from seperate documents which plaintiff had lying around from different alleged sales. There is no indicia of reliability in any of plaintiffs exhibits. Something like that.
    1 point
  7. They will always want you to settle, they want easy money. I say make them work for it. So your in Oregon? The court didn't throw you into mandatory arbitration? Yes the next step is discovery. Send them a request for documents. There is a lot of examples to search around here.
    1 point
  8. @TomnTex Thank you for your advice. I actually did send a DV the same day they served my husband on the advice of an attorney I contacted. I figured it was being ignored. I explained to them I did not recognize who they were, or who the original creditor was -- and that they also are trying to collect in the wrong name. I also asked for validation. My husband said a packet of information arrived today from them that asks for me to fill out a bunch of stuff to file for identify theft. I haven't looked at it yet, but this seems fishy to me. Are you familiar with this tactic? They contacted me to pay a debt. I don't recognize their claim. So now I have to give them a bunch info to prove I am not who they think I am? That's just wrong. How do I refuse their request and get them back on track of validation?
    1 point
  9. Take a deep breath. You can do this!, don't give them more time to get their crap together. Just follow the rules and guidance here, you will do ok.
    1 point
  10. I did find him too, I filled the form on his website and got a 15 minutes free consultation with him for tomorrow over the phone. Thanks
    1 point
  11. NOW you need a consumer attorney. Apparently they did sue you and claimed they served you then got a default judgment when you didn't respond or go to court. This company is KNOWN for using sewer service (i.e. lying about serving you or using a false or severely out of date address) to get a default judgment. Go to www.naca.net because a skilled attorney can look at the case file and see where they violated California and Federal law on collections and deal with this. Most if not all will do the first consult for free. They can also help you to vacate this judgment and get them sanctioned or file a FDCPA claim against them. DO NOT delay.
    1 point
  12. At your age one or two late payments is not going to keep you from getting a mortgage. Having a "tight" financial situation and a high debt to income ratio will. If your goal is a mortgage I would concentrate less on those late payments and more on getting the DTI ratio as low as possible.
    1 point
  13. You can bet they will, your brother needs to send them a DV as well you probably should too. But he needs to get arrangements made now!
    1 point
  14. That's why you send a DV letter CMRRR. Simply put, I dispute this claim and require validation. You won't get much, but its a start.
    1 point
  15. These are people that are responsible for our data. Have your attorney do everything possible including suing them. They have no excuse for this mix up based on what you have posted.
    1 point
  16. Well, I must admit, it was a rough road.... yesterday was the deadline, it is there and entered... after I called the courts and confirmed they had received and it was entered, I felt like throwing up and crying... Thanks for checking!
    1 point
  17. @schmitzy84 - there are so many factors that go into a score - hard to know why yours went down without knowing all of your credit history. Here is an article about what does into a score - http://www.creditinfocenter.com/creditreports/scoring/WhatGoesIn.shtml - maybe that will help.
    1 point
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