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About Debtguy393939

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  1. So I have been hearing grumblings that since late 2018 and definitely 2019 USAA, through collection agencies collecting on USAA behalf, will not accept more than a 45% reduction, paying 55% of balance. Has anyone tried or actually settled an account of those since November 2018? I had one back in 2017 i settled for 30% of the balance over 12 months. Wonder what changed.
  2. I will say I am very aligned with BV80. Great advice. Resolving the account seems like the best option. Original creditors, especially Capital One will have all documents and etc they need for judgment. Like BV80 said it’s less than 0% chance that the creditor removes the tradeline and that’s even if you pay in full. Good luck and congrats in advance for resolving !
  3. Believe you asked this question on another forum and I’ll say same advice here. You can add or remove accounts as you please. After they negotiate a settlement though they will likely take the fee from you regardless of you removing it. If they haven’t done that then you can remove the account and as you mentioned, avoid their insane fees.
  4. In California, for lawsuits under a certain amount, which yours is. Law firms typically send an intent to sue letter. They do this for a couple reasons. Code requires it so they can recover court costs if/when they get judgment and it also tends to get people to call because heydont want to be sued. Not saying they will send, but typically will get that
  5. @OP BofA does not pray for attorney fees in their complaint. They only ask for court costs, I am 99.99% positive. Read the complaint and verify. In California though depending on the amount of Your Debt, court costs including service can be over $400.
  6. How did they misrepresent the amount of the debt? It sounds more like they refused to delete so you are trying to use this litigation to get them to delete. I wish you luck!
  7. Was it Frederick j Hannah? I know they basically are cooling and winter now. That’s my guess.
  8. Unless I missed an update. The letter says last payment was 9/2016. Did you say that wasn’t true? If it is true definitely not past SOL. if an account is not past SOL they don’t need a disclosure stating they can’t sue you etc. mcms dunning letters typically have all the names and addresses of the current and previous creditor. You State they didn’t comply with 6. Or (b) but to me it appears they did. Either way I agree with above. Contact an attorney for free consult.
  9. What you fail to mention is what was “m’s” situation when he opened the card? How long ago was this? You mentioned started really accruing debt 3-4 years ago, but were the accounts opened before that? I imagine ms situation at the time of opening the card was different than what it is now. It does take two to tango for cards or loans but the individual has to apply long gone are the days where cards are just sent unsolicited in the mail. It takes a proactive step from the customer. Did M reach out to the banks and update their income to $16k and the banks said let’s raise your credit limit? I sympathize with M and definitely would stop paying my bills if I was on ssi only with no assets and that mountain of debt. But to blame a bank for someone using the card voluntarily and using the checks is not right. It actually is quite beneficial for M they did that, especially if m used it to survive. If the banks closed every credit card that posed a risk that would be a PR nightmare. Almost seems impossible for them to win. Anyways enough of my rant. Hope it works out for M. I think a more friendly toned letter to them will bear greater results. It’s nice M has you there to help.
  10. Not to stir things up, but I highly doubt bofa saw on “m’s” application that she makes $16k a year and said hey this would be a great person to extend $30k credit line too. Is her credit line $30k or did a bunch of payments bounce after she made payments resulting in balance due if that amount. Do you know what income assets and etc she told the bank? There definitely seems to be way more to this story then being told. That being said, I wish you luck.
  11. In an interesting side note. JH portfolio was sued for 100 million by their revolving line of credit grantor.
  12. @WhoCares1000 +1 correct on have to ask for it. They (and others) don’t ask for it in their complaint. Good call out! also aligned on “collection proof” way more accurate.
  13. Few things- good details here. Makes it easier to respond and provide specific guidance. Original Creditors aren’t subject to FDCPA so you won’t have any FDCPA violations against them per se. “M’s” account was placed with Moore Law Group to collect and ultimately sue, that is a guarantee. Where you may have some luck is sending that letter you mention. If you send it coming from you, make sure you include a signed POA or something stating you can discuss account. Otherwise writing a detailed letter with proof ie ssi eligibility letter, if she’s filed taxes show low income. Essentially show them every reason not to sue since it won’t result in any collection. Sometimes that’s good enough for them.
  14. @Harry Seaward I’m on the same page as you in part. I don’t like the term judgment proof. Very misleading, they can a judgment against you, whether they can enforce/collect on it is a different story. A side note, Capital One like a lot of other creditors Bank of America, Citibank, Barclays to name a few don’t charge post judgment interest even though they are statutorily allowed to. Haven’t for years. I don’t know if debt buyers are charging interest, but I imagine they do and then your situation described above does come to fruition. Wait and balance grows.
  15. Can you afford monthly payments on the full balance? I almost guarantee they would happily take $50 a month.