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Wins the Battle

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Everything posted by Wins the Battle

  1. You may need to compel discovery in the matter of the contract. There's a reason why they don't want you to have it. They tend to say damaging things like, "we can't verify that ANY of the information that we give you is accurate", meaning that, even if you get a robo-signed affidavit from some yahoo at GEMB, the affidavit can't be believed. I never made it to the discovery conference; I was working on a MTC JAMS, so can't help you there. I'd look at some of the CA threads; discovery conferences are common in that state. What state is GEMB domiciled in? MN DOES have a borrowing statute, so, if it's five years or less, you could use SOL as an absolute affirmative defense, and countersue for filing suit after the running of the SOL.
  2. So sorry to hear this. Condolences to you and your family.
  3. If it's a problem to reprint one page, then don't bother. Just cross out the extra "e". You don't get graded on spelling in the documents. But, really, it's just one page. For me, I'd rather fix it and reprint the one page.
  4. Your mistake, after the SJ was denied, was in not pursuing an SJ of your own, or a D with P, so that they couldn't do what they have just done. Denying the SJ doesn't mean that the case is over. It means that they lacked sufficient evidence to win without a trial. Are you being sued by FIA, or by some JDB who bought the batch of accounts? The answer will make it clearer whether you have an easier or a harder time of it. YOU may not have answered their Rogs and Disc adequately to their satisfaction. Have they answered yours?
  5. Hanging up works, to an extent. But they'll call back. Even if you are in a two party state, if they tell you that they are recording, you are NOT obligated to tell them that you are, too. They have just let you know that they are OK with the call being recorded, of course. OTOH, one of the best ways to get them off the phone and to stop calling is to let them know that you, yourself, are recording. It's daunting to use the bully techniques that collectors use when they know that every word can be used against them.
  6. Remember what WTC said, though: PIF every month. That $112 on a $500 limit is over the ideal percentage for utilization: under 20% is great, under 10% even better.
  7. Even if the language in the "contract" states that only PIF can allow you to opt out of a new contract, it would be very difficult to get even a JP in AZ to agree that that language is binding. Contract law is complex, but still based, to a degree, on the principle of equality of the parties. We know that there is no equality; "We can do whatever we want, just cuz" is clearly the statement of a party with all the power. But blatantly stating that changes after the closure of an account are binding on the weaker party is still not acceptable. The challenge, always, is to point that out to the judge in a manner that is compelling.
  8. To expand on what @TomnTex stated...if you have an agreement, signed by both parties, to the settlement, it's definitely not legal, and you have recourse. If that is the case, I would find a good NACA attorney, and sue for FDCPA violations. If you ever disputed the amounts owed on your credit report, I would also be asking for sanctions for the FCRA violations, as well. If you have the letter from them, offering the settlement amount, and your cancelled check within the time frame that the letter is signed, you may still have recourse, and I would do the same thing. But, if you only have your own memory of the offer, even with the cancelled check, and you never contacted them or the CRAs to dispute the continuing reporting of the debt and an increasing balance, then it's your word against theirs. They have deeper pockets, more practice with lying and you only have, possibly, the advantage that this is four years ago, and may be close to or beyond the SOL. (I don't know what your SOL is in MI.)
  9. If you can prove no standing, and/or HIPAA violations, then you really don't need much more.
  10. WTC, don't bother. You, of all people, know that talking sense to a CA is a waste of breath. Let them spend the money to foreclose. Hang on to your cash and your house payments. Pay the taxes and insurance directly to the county and the insurer. In your spare time (when you are NOT answering the phone or responding to threatening letters from pond scum) read up on chain of title and MERS. Look at your abstract (or if your home has one, the Certificate of Title, written on property that has been surveyed and the title certified back to when the first landowner bought the land from the US government). It's very likely that somewhere will be the name MERS as holder of mortgage.
  11. You need to make time to answer the 21 questions--or at least, point the Summons and Complaint with personal info redacted. No one can answer your questions with no other information than that the complainant is CACH. Don't bother telling the judge that you can't afford an attorney. S/he won't care. Many or most of us have represented ourselves against JDBs. Many have won. Some have won, multiple times. It takes time and effort to learn, but it CAN be learned.
  12. And make certain that they credit you for the days of missed service on the internet, and the substandard on your TV. We have ATT for our cells. I work from home, as well, so didn't notice that my data was down till I tried to send a text from Target. When I called, they found I had been disconnected from the data on the cell tower, and when I said I had no idea how long, and why, they credited a full month for the data plan.
  13. With the verbal agreement, it's your word against theirs. If I were you, I'd let the SOL run out, then send them a FOAD letter. At that point, they can contact you one more time, and any collection efforts after that are an additional violation. Again, if you want to buy a house, contact a NACA attorney who wins in your state (NACA is the association of attorneys who represent consumers). Find out what they think about this entire issue. Many or most NACA attorneys will offer a free consultation AND, if they believe that you have a winning case, take it on contingency.
  14. You might be surprised, though, at how much better it could be. We live in a first tier suburb, where the cable lines are old, as are the phone and DSL lines. We pay for the second fastest DSL that Centurylink offers, and get it, according to tests, rarely.
  15. First of all, if you could refresh our memories on why your uncle needs his credit rating cleaned up. Is he planning to buy a house, a car, get a job, etc? If not, and all this stuff is beyond the SOL in your state, you really don't need to bother. Your credit record only matters when you need credit. If you don't, who cares? However, there are no laws at the federal level that require that any owner of a debt contact the consumer at any time, before or after reporting to the CRAs. All that is required is that they report accurately. In addition, the SOL in KS has nothing to do with whether or not an accurately reported negative TL can still be reported; the stop for that comes after 7.5 years, no matter what the SOL.
  16. Agree 100% with @willingtocope. Wait till she's "cleaner", and her real FICO is over 700. That's a hard number to hit: I've been floating at or near 690 for a year, now. I want to do an app orama for airline and hotel cards, but I've been schooled to wait, and will respect that advice.
  17. It all depends on what you want. If you want to avoid paying interest, then PIF on the NEW BALANCE on your statement every month. What you charge in the month will show up as your usage. $3000 used, $3000 paid by due date and another $3000 used in the month: next month the CRAs will report $3000. Same scenario, but charge $4000 in the month, CRAs will show $4000 usage. But PIF the $4000 by the next due date, still no interest paid. If you want to buy a house, then keep the usage to under 30% of total credit lines. That $4000? better have at least $14K credit available. If you want a new car, better have no (or only really old) lates on auto loans. If you want any old credit card, then @willingtocope's advice is correct. If you want premium cards, that pay miles, or hotel points or really good cash back options, better keep the usage low. Like under 20% if possible. But if, like many or most of the posters at this forum, you are trying to get any credit at all, then get your old negatives at least two years in the past, and take meticulous care of whatever credit you can get: car loan, mortgage from FHA or VA, etc. If you didn't default on all your CCs, and the ones you didn't default on didn't cancel you, then PIF every month, as soon as you can, and keep them low enough on your monthly reporting so that you start to appear the be the good credit risk that you are learning to be, again.
  18. I agree, as well. YOU know that you have a strong case against these guys, so the next step is to find an attorney who's willing to talk to you about it long enough to realize that you are correct. I was referred, by two separate attorneys, who don't practice in my state, to the same guy here. He was rude and unhelpful. On to the next, you know?
  19. Again, if pocket service is legal in SD, they can wait as long as the law allows to file. In MN, it was, until this year, unlimited. My most recent case was served on me in the summer of 2012, and not filed with the court till Feb of this year. I had answered it, of course, within the 20 days I had from the time I was served. Get your answer together and send it to them, CMRRR.
  20. Your goal may not be to sue. But if they are providing false information to the CRAs, and you can collect some money for their various and sundry violations of law, it's worth considering. Most NACA attorneys will offer a consultation, to see if you have a case. And, if you don't, or they believe that you don't, they'll tell you, too. Many of them take FDCPA and other suits against collectors on contingency, so they have no stake in telling you you ought to sue if the case is flimsy.
  21. Given the closeness of your day to breathe more freely, I would, of course, avoid accepting service of the certified letter, or anything else, at all, till the second of July.
  22. If the amount of the debt is smallish (under $5K), and there IS an arb clause, I highly recommend that you invoke it in your answer.
  23. Giving advice to the OP is fun. But arguing over how many angels can dance on the head of a pin? Priceless.
  24. I have been sued twice. Both times the Summons cover letter included the "collections" notice. PLEASE, for your own sake, start researching how to ANSWER a summons and complaint in SD. Whether you like it or not (and who in their right mind WOULD like it?) you have been sued. Play around long enough with your anger and your letters to the attorney, and you WILL be handed a default judgment. You can appeal it, but appeals are much more expensive than fighting it out.
  25. Heh. I never buy furniture without cross checking the price. We don't get it as wholesale as your parents, but it's crazy how much the prices vary for the same item. We got a new bed and two end tables last year for under $600. Prices for same items on various websites were as high as $900 for the bed and $400 each for the tables.
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