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CCRP626 last won the day on September 29 2016

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About CCRP626

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  1. I'd say if you haven't read it, go ahead and make suggestions on problems you feel are present with the current FDCPA. There's also a lot of recent court cases in there you can do a word search on, such as Santander. It appears they're also trying to update and standardize the FDCPA definitions, instead of relying on court cases with varying results depending on location. Technological changes in the way we communicate since the law was written in the 70s are also addressed. Their summary- Establish a clear, bright-line rule limiting call attempts and telephone conversations: The
  2. Lengthy document to read but if you have suggestions submit to Email: Include Docket No. CFPB-2019-0022 or RIN 3170-AA41 in the subject line of the email.• Federal eRulemaking Portal: Mail: Comment Intake – Debt Collection, Bureau of Consumer Financial Protection, 1700 G Street, NW, Washington, DC 20552.•Hand Delivery / Courier: Comment Intake – Debt Collection, Bureau of Consumer Financial Protection, 1700 G Street, NW, Washington, DC 20552. ACTI
  3. Yes, if you read the act if applies to situations beyond a lease including credit card debt. It's regularly updated as well which provides an excuse for your earlier statements such as the act has never applied to anyone beyond an active duty service member as you posted. The SCRA also handles situations such as a stay for a lawsuit as well as retaliation. Your advice to run to arbitration to hide an alleged debt is similar to the scare tactics used where debt collectors threaten to contact a commanding officer to get paid. Are you telling the OP threaten arbitration or pay Midland but anythin
  4. @credit2011 there was also something in the news where United Credit Recovery (UCR), a JDB was creating US Bank and Wells Fargo affidavits and other supporting documents without the banks' knowledge.
  5. Maybe let the OP get with base legal before you side with Midland? Spouses have protections under the Act. Midland serving only the wife could be a convenient way to attempt to avoid the Act. Wife isn't on the database so we didn't think it applied. Word search spouse and dependent. The SCRA also provides certain benefits and protections to servicemember dependents and, in certain instances, to those who co-signed a loan for, or took out a loan with, a servicemember. The term “dependent” includes a servicemem
  6. They have several orders against them you'd have to read the detail but in the past orders against other banks and JDBs much of the activity is automatic if a lawsuit was filed or judgment occurred. If you have an ongoing lawsuit, an option would be to request a stay in your case while waiting for notification from the CFPB or Wells Fargo and you can file an online complaint at the CFPB site to push things along.
  7. You should get with your base legal office . Like Jimmy says, they have to go through a database to meet the servicemember relief act. Midland themselves in their we do nothing that isn't consumer friendly blurb, covers military as well- We actively seek to identify active duty servicemembers and stop collections from those servicemembers. File a complaint with the CFPB and also see the Military Lending Act section there-
  8. they're affiliated with Webbank who makes the loans, Prosper is the servicer. The individual investors are out of the loop as far as you're concerned, they have their own agreement with Webbank/Prosper. You can dispute on your credit report and see what the reply is before contacting Prosper directly. They may have even sold the account to a JDB. You can always send an e-mail to or call, just be aware they are probably recording the call. I would however like to know what is in my families best interest
  9. @TXPost here are a couple of threads by Texasrocker with the same basic scenario as you have. Check them out and post back if you have questions.
  10. @Paralyzed in the hallway just make clear when they try to get a settlement payment from you that it's no payment and either dismissal of the case or private contractual arbitration. Make sure you don't get into court provided mediation or arbitration. It also sounds from your post like you're giving them some leeway to provide documentation and you'll pay. That's pre-arbitration discovery which is against your agreement. Let them pay their arbitration fees and they can produce what they have there. The only thing you're in court for is to get a court order from your MTC Arb. The arbitrator is
  11. @Clydesmom it doesn't seem that cut and dry to me. How would a consumer know if the charge is reasonable, if the code is correct or if an internal audit is not biased?
  12. @Clydesmom what are your thoughts on medical bill auditing services? It seems like it could be useful when even an itemized list of services provided can look like a foreign language.
  13. Look around the California threads and maybe one of the Ca posters will pop in to assist if this goes to court. California (Health and Safety Code) has billing protections you should research. That said, Care Credit (Synchrony) does have JAMS/AAA arbitration and JAMS consumer rules state in California, the arbitration provision may not require the consumer to pay the fees and costs incurred by the opposing party if the consumer does not prevail.
  14. For the student loan have you contacted the Dept of Education or their servicer? They have numerous income contingent repayment plans. Even with bankruptcy, federal student loans are hard to discharge. If you have no idea if $4,000 or $8,000 is correct, consider disputing the bill and try to get itemized records and compare the charges to the medical records. You may want to check with a legal help center, such as listed here-
  15. If you plan on the various motions to dismiss, such as lack of written documents you'll want to look over the rules and probably amend your answer since these defenses are waived unless brought up when you answer or with a pre-answer motion. I do have a feeling you'll be back here in a few months after your court case keeps going asking if it's now too late to do arbitration, not to be confused with court ran version.