millyann

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millyann last won the day on July 18 2018

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About millyann

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  1. Most businesses don't want to test things in court when it is easier, read cheaper, to appease.Some may want to appear they are willing to fight to the end but in the end they usually fold. Good point in case in personal dealings with my Papa Romeo Alpha. Something was removed and forgiven with no tax implications because Popa knew that any cost to fight would be expensive and his expectation of gain was pretty low. Everything was still inside of statute. He may have won if it really went to court who knows. I am sure for him it was just a business decision. Do I take a chance on losing
  2. I did not say whiny litigious victim, nor did I say pompous a$$. I can assure you that if done properly it works fine. I have had a CA threaten to sue me then write checks to me to stay out of court. When you let them know you, you know that you baited them then you are a moron. When you give depositions like a braggart you deserve what you get. If you don't appear to be competent enough to follow through you will fail. If you cower because they buck back you will fail. If you use your personal finances as a negotiation tool you will fail.
  3. Litigious nutcase works too.
  4. You are right @Clydesmom what has worked in the past may not work today. You have to be assertive and appear litigious from the onset if not a little off center. That was our style 12 years ago and it still works today. Form letters and "HIPPA Methods" are a joke. They have seen them to many times. I just had the last negative removed from my credit file by the aggressive JDB that never does PFD and they sue a lot. They deleted without payment and gave us a signed release that they will cease collection nor ever transfer the alleged debt. Just because... I had a collection
  5. So you will not sue them again. It completely drops your claims from ever being sued on again. Really you have not gave much information without more background it is hard to give you solid recommendations.
  6. You can ask for whatever you want. The worst they can say is no. Let them give you the offer in writing then negotiate from there. I have settled with many CA and JDB that cancelled debt or required the CA to pay it and have never been issued a 1099. YMMV Just recently settled with a CA and their attorney and refused to give them confidentiality for statutory damage amounts. The most important trait you need when negotiating a settlement is the ability to not get emotionally involved and be willing to walk.
  7. Money order or cashier's check is the only way to send payment. Never give debit/credit card info or bank account info to a collection agency.
  8. Right now you are collecting facts. You do not want to say anything to them at this point. Never ever let on you have any knowledge of the FDCPA to a collection agency until you have them dead to rights. You getting conflicting information from their phone rep and letter received from them is IMHO a violation of FDCPA, but you need the info to determine SOL. If the debt is SOL and the confusion between the rep and the letter it would be two FDCPA violations, which equals quicker resolution. I would not do a CFPB complaint at this time. Do the DV and see what you get b
  9. Send them a written request per the CA statute. Do it the old fashioned way via USPS return receipt. (Green Card) Document, document, document... Their letter says they will send you a payment history. Ask for it. Then verify against your bank records. The letter saying one thing and the phone drone saying something different may be construed as false and deceptive means to collect a debt. You need to get very organized and once again document document document..
  10. I would try to get them to give that info in writing if you can. Load your gun with their ammunition.
  11. Go ahead and DV them it says in the letter they will give you your history. If you are comfortable on the phone you can call them. I would record if you do that. If the debt is time barred any FDCPA attorney would take your case for you to collect some collection agency cash.
  12. Determine if the debt is out of stat and post a copy of the letter in this thread. (You can block out personal info) If they sent you a "prelegal" notification on a debt that is out of statute of limitations, without letting you know it is SOL, that is a slam dunk FDCPA case.
  13. If you can determine the debt is out of stat I would let them forward it and stay silent. Without seeing the letter it would be hard to determine but they may of mailed you a $1000 + check if you know how to apply for it.
  14. His email In his email he said verbatim: The $240 account? I can reach out to the client for that itemized statement – they are currently running 50% discounts which you would qualify for. That was followed up with a separate email with a settlement to pay the CA, which did contain the verbiage in the attachment. Not the email itself. Who is offering the discount the OC or the CA? Do I pay the OC or the invoice that was sent? I do not think he intentionally attempted to mislead. I just want to keep them off our bureaus for good. We are going to pa
  15. What I have found is that a CA did not have disclose 1692(e)(11) because the consumer should of know it was a CA contacting them because they were in the process of negotiating a settlement. https://www.insidearm.com/news/00041781-ninth-circuit-court-of-appeals-rules-fail/ This is a little different than that. I contacted asking for validation of a different account that was time barred. They found a different account that is not and not reporting. Initial communication for that account was via email with an attachment that contained the required notice but the email itself