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Showing content with the highest reputation on 12/18/2018 in all areas

  1. That's amazing! You joined the board less than 24 hours ago. You get the prize for fastest dismissal offer. I'm with BV on this one. I've never known them to refile, and if they ever did, you could come back at them again with arbitration. I say take the offer and enjoy your holidays.
    1 point
  2. OK - I filed my motion for arbitration today (electronic) and within minutes received a call from the attorney asking if I would assent to a motion to dismiss without prejudice. This was left on my voicemail so didn't actually speak with him. He wants me to contact him ASAP or he will just file the motion without my input. Any advice?
    1 point
  3. 1681s-2(a)(5) 5) Duty to provide notice of delinquency of accounts (A) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. There is no private right of action under 1681s-2(a), however, we do have a private right of action under 1681s-2(b). b) Duties of furnishers of information upon notice of dispute (1) In general After receiving notice pursuant to section 1681i(a)(2) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- “When a furnisher provides information to a CRA regarding an account placed for collection or charged to profit or loss, the furnisher then has 90 days in which to notify the CRA of the account's ‘date of delinquency,’ which is defined as "the month and year of the commencement of the delinquency on the account that immediately preceded the action." Id. § 1681s-2(a)(5)(A). The date of delinquency enables the CRA to calculate the seven-year window for ‘aging-off’purposes — without it, the CRA would be unable to determine when the account had been placed for collection, rendering the ‘aging-off’ date impossible to calculate.” Seamans v. Temple Univ., 744 F.3d 853, 860 (3d Cir. 2014). “We conclude that furnishers of consumer credit data remain obligated to report fully and accurately under FCRA regarding the collection history and date of delinquency for even an HEA-qualifying education loan.” Seamans, 744 F.3d at 863.
    1 point
  4. The next thing we need to talk about is "when" is the best time to elect arbitration. When you get a collection letter and you respond with a DV/dispute letter - that is a great time to elect arbitration "if" you know that you have an agreement that would work the way you want. This is a way to "set up" a violation against them. If you elect arbitration and they ignore it and sue you, then you have a nice violation to use. Any mention of electing arbitration should always contain the mention of JAMS as I have heard that if your election letters do not specify JAMS, the creditor can use your election letter and initiate arbitration in AAA and if you have a choice - you definitely want JAMS! I would then reply with something like this if your agreement has JAMS: Your Name Your Address Their Name Their Address Account number they list on their collection letter ________________________ Date Dear _________________________, This letter is in response to your letter dated ______________________, 2011 (copy enclosed). I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private contractual arbitration via JAMS to resolve any disputes between us. All phone calls are inconvenient, so all communications need to be by mail. Regards, Your name typed
    1 point
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