WhipItGood

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WhipItGood last won the day on September 12 2015

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About WhipItGood

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  1. The other thing about the, "within the past 6 years" may mean that they have no documentation about the account. Otherwise, why would they not say, " On January xx, 2010, the creditor sent a final bill..." They don't have anything, and won't get anything until you push forward with ADR, and immediately preempt their game and MO with a speedy and robust RFA and RPD all geared towards making them expose themselves that they are indeed collection agencies who are NOT LICENSED in our fine state. Once they see they have to provide something they don't have, I will bet they will fold sooner than later, within the 30 days they have to respond. Get yours in before they send theirs. Power.
  2. I think you have an even bigger weapon against them, and that is that neither Cach LLC nor Mandarich are licensed with the state as a collection agency. I would love to hear if they sent you any dunning letters prior to the lawsuit, and even including whether or not a dunning letter was attached to your summons. They are not allowed to attempt to collect on debts without licensing, and this presents a strong counter claim that will get them to back down. I won my case on that basis. And, helped another Oregon homie do the same on the same legal theory. If you are going to proceed with mandated ADR (Alternate Dispute Resolution), then timing is everything in the game. You have to proceed like you mean business, and then once they have to plunk down $500 for the ADR deposit, they will emphatically try to either settle, or just plain drop the case -especially if you present a counterclaim in your Answer on the licensing issue. The account stated theory is lame. Make sure you look at the last monthly invoice that you ever received, and odds are it does not say "final bill" or anything such. Likely it looks like just any other monthly statement...and they cannot prove whether or not you responded or that particular invoice. Independently, that statement means nothing, in other words. You didn't state what the rest of the summons said, but I am guessing that Account Stated was just one of their legal theories, that they throw that in there along with anything else they can think of to intimidate you into paying, or obviously assuming this one will be like their other 99.9% of lawsuits -end up in default. PM me if you want or need details about what I am putting down here.
  3. Yeah, interesting strategies. I agree with willingtocope. Don't do anything to change your credit report ins a big way. That said, what I don't understand is how you could have this old CC out there that says current/paid as agreed, unless it has a $0 balance on it. You know, at one point I was at the same crossroads, where I was curious to activate an old Citi card that I had, but I refrained. Can't remember my reasoning at the time other than I thought to leave well enough alone. Gosh, if SOL is up in 3 months, then I would not risk activating that card. I can tell you that I don't think it is going to change your score too much by using it in the short run. In the past year or so, I have paid off a ton of debt and even gotten my debt to credit ratio down from 99% to 20% of line of credit usage, and the damn score just does not want to budge too far either way! I think honestly that for whatever miniscule movement that would occur for your CR would be largely overshadowed by the likely judgments, etc. that you are already at risk for. But these are just my little opinions. Good luck!
  4. The OPs story does not make sense to me. It sounds as if the school made a mistake in auto-renewing and, once learning about the mistake, would obviously remove the charges. But then later in the post it was said "life happens and I have struggled coming up with the full amount..." Why would anyone pay any amount to any institution is it is not valid charges. My God, it's hard enough paying for tuition for classes in a degree program, I would never pay for classes I did not take. Seems this could be easily sorted out with the school and if not, then report to consumer bureaus. Something doesn't add up here, so it's hard to give an opinion, and so I stick with @shellie98 's opinion UFN!
  5. @Thomas4511 I would bet it is as clydesmom said, and the collection agency is sending the invoice to anyone with the same name, trying to skiptrace the debtor. If your SSN is not attached to the invoice/account, then it will never appear on your CR. I would still contact the hospital and have them straighten it out. It's not that hard to figure out that they got the wrong person...If the invoice is attached to your DOB and SSN, then I would still contact the hospital and find out whatever insurance company was involved, then contact them directly as well. good luck:-)
  6. You did not say if case was dismissed with or without prejudice, so it's hard to comment on your question. IMO
  7. @amyw I would definitely only communicate with the atty via email, too much room for error in phone/in-person. This guy is compelled to settle, and wants nothing more than to settle within the 30 days. Kick back a bit and wait for him sweat a little. The closer you get to the 30 days, the more favorable it will be it seems. Timing is key, IMO. I recently won ALL of my terms of paying roughly 10-14% of a 20K+ large debt, depending on what interest and atty fees would have been. I got ALL of my terms agreed to in the 11th hour, just prior to them having to pay out for arb fees. I got: no interest, no reporting to credit repositories, no 1099-C filing with IRS, no resale of debt and dismiss w prejudice (If they tell you they must report to CRAs and IRS, that's bullpockey -they are not a financial institution...). I will PM you the contract I drafted and had an attorney friend review prior to final signatures. I would send something similar to the atty 5 days before the next hearing. That would apply pressure, but allow him time to confer with his client.
  8. What was the date of their original Complaint filed with the courts? It's possible that this action they took was within the SOL, and weird the case has been hanging out there silent for so long. No pleadings at all? I would check with the court to make sure. Just a thought.
  9. @amalos --you really should redact ALL of your personal information when you post documents such as you did...
  10. WHocares gave some good suggestions. Another angle, aside from contacting the manager of the Radiology practice in person, is to head straight to the Hospital's patient advocacy office, or the financial services office. I would start with the former, since it sounds like the CT was done in-house -and even if the radiologists reading the scans are located in Timbuktu, the hospital contracts with them and therefore have a vested interest in how they are treating, and/or not cooperating with patients. I guarantee you that the radiologists have a phone for the hospital to contact them...and that they will answer it! So, have personnel from the hospital reach out. Either way, I would take swift action like that to get the bill resubmitted, since who knows if they can even resubmit at this point due to a potential denial for OTF "out of timely filing" Just be really nice to all, since you never know where the mistake occurred...there are "training problems" on both sides of the fence -it could be a failure on the insurance side... you just never know -so keep blame out of it to produce results. Good luck!
  11. Here's an interesting case concerning the defendant in your case... and specifically is about serving the defendant...in 2011 http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CCwQFjADahUKEwj-_f6Nh4vGAhUDDJIKHbAJAFE&url=http%3A%2F%2Fwww.gpo.gov%2Ffdsys%2Fpkg%2FUSCOURTS-caed-1_11-cv-00062%2Fpdf%2FUSCOURTS-caed-1_11-cv-00062-0.pdf&ei=NEl7Vf6TCIOYyASwk4CIBQ&usg=AFQjCNHKi4AGQKcAUe5bYsPy16W1mqiocA&sig2=ocsP0ezzUR6s7xynVpS-GQ It would be interesting for you to access that case, or ask your attorney to, to see what ended up happening. In this case, the court would not grant a default judgment since the process server did not specify suite 130 on the Eastern Ave address mentioned above. Interesting. And the vice president of the company is named J a v i e r J i m e n e z
  12. cruise by this address: (spaces entered to googleproof!) 5 9 0 0 S. E a s t e r n A v e, Suite 130 LA -zip 90040 looks like a business complex/commercial park.Go have a sandwich at the Elm Tree sandwich shop and casually say you can't find that business, do they know which office it is... I would stake out the place in the wee hours of the morning - and then photograph people coming and going out of their suite and try to figure out what the activity/personnel there are...Then pounce when you know what's up. @queenofwands looks like a company named cushman & wakefield lease that office building -a guy named T-om Sh-eets. 310 - 525 - 1919... maybe a call to them to inquire? also try this address: 6 7 6 6 Passons Blvd. Suite C Pico Rivera, 90265
  13. Check company registrations and agents in other states, call the agent saying you have a large check for them...trump up some lie like that...and say it has to be signed for. An RA from out of state would be caught off guard...?
  14. What an interesting story. Ask your atty about the complaint naming the company's officers and CEO under "vicarious liability" Then it would be easy to skip trace those officers' home addresses and serve them there! Otherwise, I had the idea of going to the court records and search for any open cases they have against other citizens in Cali...the court surely has an accurate way to contact them. Perhaps even dare to contact some defendants that are being sued by them, and ask how they serve their pleadings...? Just a thought:-) I will keep thinking up ideas, if it helps!