Harry Seaward

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Harry Seaward last won the day on June 16

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About Harry Seaward

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  1. Please start your own thread to keep things from getting confusing. Thanks!
  2. It has nothing to do with what comes easy. We asked you questions in these two threads and you didn't bother answering. https://www.creditinfocenter.com/community/topic/330589-pre-legal-notification-midland-funding/?tab=comments#comment-1376524 https://www.creditinfocenter.com/community/topic/330214-trying-to-get-preparedflorida/?tab=comments#comment-1372346 Also, earlier in this thread nobk4me posted a link to the arbitration thread that has all of the information about how arbitration works and how to draft and file a MTC. No one is going to do it for you. If you feel that you're in over your head trying to do this yourself, you should probably consider having a lawyer represent you.
  3. Of course. No one ever signs a credit card contract. Your use of the card constitutes your agreement of the terms. "Looks fraudulent" is purely subjective, and considering the fact this is your legitimate debt, how it looks is irrelevant. This isn't how IP addresses work. As you know, you don't have to physically be in Monticello to open a Barclays credit card account online while being assigned an IP address registered in Monticello. Yes it does. In fact, it's quite compliant with the fdcpa. No it isn't. The fdcpa does not apply to Barclay's because they are not a "debt collector" as defined by the act. Barclay's is the original creditor and they will have everything they need to prove to the court that you owe this debt. My advice is to give up on the shell game and try to work out a settlement with them before you end up with a judgment for the full amount plus court costs and attorneys fees.
  4. This is creepy. Did you check the archives section on the CFPB website? https://www.consumerfinance.gov/credit-cards/agreements/
  5. You have a habit of starting threads and not answering questions, and then starting a new thread asking the same question you stopped answering questions on in the last thread. Please stop creating new threads for the same questions on the same debts.
  6. This is false. Chapter 7 bankruptcies stay on your credit report for 10 years (ch.13 stays for 7 years). It may have little impact on your FICO score after 2 years, but potential lenders will still see it and can, and often do, deny credit when they see a bankruptcy.
  7. Why do you say it's not lawful? What's your legal source for this claim?
  8. It's not a simple yes/no answer. It depends on state laws and how courts in that state have ruled on other similar cases. And even then there is sometimes gray area. None of these are applicable to debt contracts that exist in writing in any state in the US.
  9. Pay for delete is essentially nonexistent anymore. The whole point of credit reporting is so that potential lenders know what they are getting themselves into with a consumer. If Bank A deletes derogatory info, it later screws Bank B. Bank A and Bank B (and C, D, E and F) have therefore all agreed via coalition not to delete legitimate tradelines. A very few creditors and debt buyers will do it if it's a high value debt (+$10k) and a recently charged-off/ purchased debt, but most could care less about getting paid if deleting the tradeline is a condition.
  10. There's a huge difference between a $200 court filling fee paid at the time of filing and a later bill for $1,700. Even the dumbest of lawyers can't possibly think the $200 court filing fee covered an invoice for $1,700.
  11. Aw, dangit. I missed his post, and I'm in the mood for a throwdown.
  12. It doesn't mean anything. If you disputed the "open" status of the account, they simply toggled it to closed to make you happy.
  13. This is what you need to concentrate on. Forget about "no warranties". It doesn't mean what you think it means. If you point out the discrepancies in the records vs. affidavit statements, you have a pretty good shot of the judge denying the MSJ. Just know that they well get a second shot in the form of a trial.
  14. Any chance this is what the lawyer is talking about when she says you're trying to combine two cases? Either she isn't understanding it's violations pertaining to the same account, or you're not understanding her about what she is saying you're trying to do? I just can't wrap my head around an officer of the court lying so blatantly when there is hard copy evidence that unequivocally proves she's wrong and you're right.
  15. The whole point of 'proper' service is to ensure you have adequate notice of the lawsuit. It's kind of impossible to cite improper service as an affirmative defense after you've filed a timely answer. It's like turning in a homework assignment on time and then saying you didn't know when the assignment was due. Who cares? You turned the assignment in on time. Now, if you've been prejudiced in some way, like you made mistakes because you were rushed, that's a different story (still not an alternative defense, though) but I don't hear you saying that. It just looks like you're being petty over a harmless failure to follow a rule.