Debtguy393939

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About Debtguy393939

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  1. Chase is getting back into the legal stream as well so I wonder how soon after they start filing lawsuits they decide they probably shouldn't have made their arbitration clause so consumer friendly lol.
  2. For $18k balance, even a debt buyer might follow along for the ride as a previous poster mentioned. As for what Card Member Agreement applies, I believe it is the CMA that was in place at C/O, 99% sure that is the case across the board, unless you find some random judge who feels differently. I wish you luck, even though they might follow, Arb is prob your best bet.
  3. Congrats on your win, what you are doing for your grandchild is admirable. I will say you are very fortunate this went to a debt buyer. You essentially opened this card up, maxed it out, made a few payments then stopped paying, prior to the one year ago period your hardship began. Hopefully no more credit cards and focusing on whats important with this win! Good luck to you in the future
  4. Very good concerns to have, definitely are going about this the proper way. I like your thinking and the way you want to do it I think provides you a lot more peace of mind. I assume you have an iphone or something similar, shoot even Microsoft Word I believe has the capability to record. You would just let me know that you are recording the call, if they ask why can simply say because I don't have a copy of the settlement agreement in writing, I would like to at least have a recorded conversation of our agreement. Then when they say yes, I would repeat the terms of the deal or actually have them repeat them. The balance on the account is $3500, we are agreeing to accept $2700 to settle the account in full and dismiss the case with prejudice upon clearance of funds. I would also ask them to confirm that they won't be requesting a default judgment in light of this agreement/payment. It is too early for them to even request a default judgment, if they did the court would either automatically reject it or you would have some violations to go after them for. As for providing banking information, as long as you don't bounce a check and then change your mind about paying I would not worry about it. The firm isn't going to do anything with your bank info besides that payment, if you changed your mind then they would know where you bank which opens you up for a potential bank levy but again you are resolving the account. Give them the payment info for check by phone, then I imagine they can give you a confirmation number for it, then you are done. With all that said, you have to do what is comfortable for you. I personally have done both ways. If it was a debt buyer, I would be more cautious even though the big ones are reputable. Because it is a law firm and an original creditor account I would record the call and make the payment. Congrats on getting one behind ya!
  5. Just want to get a few bits of information straight. Lawsuit was served on who? If it was you that is sub-service (which is fine) and you have longer to respond to the lawsuit, if it was your wife then that is personal service and shorter time period to respond. Think it is 45 days and 30 days respectively, either way I know I will get some pushback from others here, but I don't think you should file an answer here because it will cost you at least $225 to do so, unless you can get a fee waiver from the court. My thinking is this, if your wife was served on 4/28/19, means she needs to respond by 5/28/19 or so. Will you have the full amount to pay the settlement prior to that? I also suggest getting a cashier's check that way they can process the dismissal quicker (personal checks typically take a lot longer to clear and cashiers checks are solid), and they don't have any of your account information. You have the cashier check receipt, you mail it to them certified so it gets you tracking information, and since you haven't received the settlement agreement in writing yet, can write a short note. This check for $xyz is to settle Capital One account ending in 1234 for "wife name". Pursuant to my phone call with Agent John Smith on 5/12/19 at 4PM where agent john smith and I agreed to resolve the lawsuit and account for $xyz. I still have not received a copy of our settlement agreement so please send to me at the address on file as soon as possible for my records. Please also send me a copy of the dismissal of the lawsuit at your earliest convenience. I know you really want it in writing, but if the law firm really tried to not honor it, you could reach out to Capital One and it would be very easy to resolve. I don't forsee that as an issue with a law firm and original creditor. Again you can do what you would like, understandable each way, but the filing an answer seems very inconvenient for you and a waste of good money.
  6. capital one will not negotiate with you since your account is with a law firm. If you do get an agent at capital one they will direct you to moss. I agree with the others, reach out to Moss and start low and see where you end up. Problem with smaller balances is they are less likely to take anything less than 50% especially due to the expenditure of court costs. Good luck!
  7. 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.
  8. 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 !
  9. 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.
  10. 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
  11. @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.
  12. 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!
  13. Was it Frederick j Hannah? I know they basically are cooling and winter now. That’s my guess.
  14. 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.
  15. 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.