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Showing content with the highest reputation on 01/07/2016 in all areas

  1. ive been out of the loop for awhile and wanted to update and thank everybody who helped me thru a real tough year or two. I'm happy to report that all of the defaulted debts are well past SOL, and that my credit score has been slowly climbing and has gone from 550 to almost 640 in just a year. My wife and i both recently got our first unsecured credit cards since the defaults. Were about 20 months away from the 7.5 year date since the last payment on the defaulted cards, at which negative credit reporting will cease. Was able to settle our underwater second mortgage for less than full amount
    3 points
  2. @debtintexas Then it's correct that the SOL began the next month when payment was due.
    1 point
  3. Start working on Motion in opposition to their MSJ. Also make sure to have the MTC ready and have 3 copies of everything made You must get the affidavit notarized too. When you have OMSJ ready come back and post it for review.
    1 point
  4. @Jessa519 In September, the Encore Capital Group (Midland's owner) settled a lawsuit filed against it by the Consumer Financial Protection Bureau. The Bureau determined that Encore and its subsidiaries engaged in illegal debt collection tactics which included filing lawsuits without proper documentation. Here's some interesting excerpts from the Consumer Financial Protection Bureau's Order: Page 4 10. "Effective Date" means the date on which this Consent Order is issued. (Which would be September 3, 2015) 14. "Encore" means Encore Capital Group, Inc., as w
    1 point
  5. even if you cite both cause of action on your case, it is likely that they will object to one of them (account stated) and disregard the other one.
    1 point
  6. we used to do it that way, citing all causes of action, Calawyer suggested this new version.
    1 point
  7. Don't worry, I got your bat gadgets included to work when quoting via the phone. Simply highlight it with your finger or thumb, and to do that, simply hold said fIngersoll or thumb on the text until you get the highlight button, select the text by dragging the arrows, then click the highlited text and you'll get the same bubble, select that and voila. You now have your bat gadgets working on the site See below:
    1 point
  8. I also like to testify in front of CFPB about how UNFAIR consumer arbitration is. I would also like to haul one particular bank to face the music. When big businesses/banks spend $200-300K they expect a win. It is my belief that If an arbitrator accidentally rules against the big business they will not be arbitrating cases involving the bank. I know when I get the strike and rank list there are always one or two arbitrators who seems to be a regulars in consumer arbitration. I've exchanged information with many other consumers privately and it seems that every JAMS location has its own
    1 point
  9. Midland or any JDB will not step into JAMS. I've tried on triple of the amount of the alleged debt you're being sued on. No luck ! I've seen ML try to scare a debtor by paying the initial $550 fees but backed out when it was billed after the strike and rank list prior to choosing the arbitrator (Bill is about $4-5K) plus each party (excluding the consumer ) must pay $400 case management fee. The AAA charges a big upfront fee which comes close to $3K but lets look a bit close to ROI (return on investment ) which is what JDB is in business for. If ML paid 3 cents on the dollar (h
    1 point