alwayswinning36

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Everything posted by alwayswinning36

  1. They don't need a signed credit card agreement. Credit cards don't have signed agreements, your use of the card constitutes agreement with the cardholder terms. Yes, a debt buyer would have to honor the arbitration, but there are usually pretty clear instructions in the card agreement that govern the use of arbitration. Either way, that is what you will want to try to use. If there is a small claims exception or anything similar then arbitration may not work, but you'd have to check the agreement and find out what it states. @clydesmom will probably chime in pretty soon.
  2. It may actually be a request for pre-trial discovery I need, specific to 507 of Texas Rules of Civil Procedure, "pre-trial discovery".
  3. Beware of "getyour720", if they are still around, too. They do just about the same thing Lexington Law does, but for a "one time" $99 payment. Essentially they do nothing, just like Lexington Law, but you might get lucky as they may charge $100 instead of $99, and when you raise hell they will give you the entire $100 back.
  4. Ahoy, Gang! Does anyone here have or happen to know where I might be able to find a motion to compel discovery for justice court in Texas? It isn't related to a defense to a debt claim, but rather a lawsuit that I initiated against an employer, so it doesn't need to be something have filled out or anything like that. Just a template to appropriately format and request the court to compel the defendant to produce documents, which will likely hang them in court, but are necessary for fairness ironically to both parties. @texasrockermight you have a template, or know of one, kind Sir?
  5. Let me get this straight, you're doing this after they paid upwards of 4 grand in arb fees?
  6. @WhoCares1000How does the OP have a valid claim? It doesn't matter the automated system said one thing and Citi said something else. The terms and conditions of those services, which likely include disclaimers of liability for consumers use I am sure would relieve Citi of any purported wrong doing would either diminish or drastically reduce OP's "claim". I would have opted to rely on app, or talking to a live person anyway over using an automated phone system to find out my balance due. It's not their mistake at all in reality. They didn't have to offer the OP any covid protections, but did an
  7. I am not an expert, but I would imagine if you made an agreement to pay x amount on x date for x amount of time and you don't pay those items they would be able to report the status of the account once you stopped making payments. Regardless of whether its late pay, or charge off. But again no expert, just a thought in theory of the FCRA.
  8. My brother used Lexington Law with "results", but it took a long damned time to see them. He eventually got his credit good enough to buy a house and ditched them. But when I used them, it wasn't even a whole month in before I demanded my money back and told them to kiss my rear end. All they seemingly do is send out repeated dispute letters, which ultimately will just be ignored as frivolous.
  9. Everywhere I am reading says the SOL in VA on credit card debt is 5 years. I was just wondering.
  10. How? How do you have a solid SOL defense in 10 months, if the last payment was March of 2019?
  11. Find their mailing address and send a letter via certified mail return receipt requested expressing your concerns and desires to close your account. You'd need to read the terms and conditions of their service, and follow them. I personally would look up their registered agent for service of process, and send any letter I prepared to that person. Good luck with finding their legal name and registered entity info on a secretary of state website. I tried, and could not find Dave, Inc. in California or Arkansas. But if you find their registered legal name in an SOS data base, you should then
  12. When you say "on its own", do you mean the 7 years passed and the credit bureaus removed the account, or Capital One deleted the account on their own? If the account fell off your credit reports because the time had elapsed the account could be reported then PRA buying the account is moot. If the statute of limitations has passed, then it's passed. PRA is notorious for making calls they may not have your express written consent to make to a debtors cellular phone. That means you could have a claim against them under the Telephone Consumer Protection Act, but only if the number they are calling
  13. If you have disputed the items with the credit bureau, and the items have remained then there is likely proof that would qualify under the FCRA for the inquiry or account to remain on your consumer report. Your only options then are to dispute directly with the creditor who pulled your credit and/or is reporting the account. Continuing to dispute the same accounts because they weren't removed, with or without any proof, isn't going to stop them from viewing your disputes as frivolous. If the inquiries and accounts truly are not yours, then you may have an issue with someone who has attempted t
  14. Well FICO would be the best to have, wouldn't it? It would be great I guess if they all used Credit Karma, but let's be real...that is a joke. Monthly is the best there is I would suppose when it comes to real world score reporting. $30 doesn't sound too much to be able to have a better estimate of my credit scores, though.
  15. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. @texasrockerI see that this particular agreement if typed or copied as stated doesn't even say "or states equivalent". I will reach out to my brother. He just graduated law school, though that isn't saying much.
  16. She and I don't hardly ever agree, but I do with this. I second her statement. What you want to avoid at all costs is admitting to the debt, in writing or otherwise in all attempts to settle the matter. If they are going to sue you, let them sue you. Let court be where they PROVE the debt is yours if it comes to that. Don't give them a concrete case beforehand.
  17. I see that this is a dated thread, and I truly am not trying to resurrect or anything like that. it just seemed like it would be better to ask on this thread than start a new thread, get told to view this thread and so forth. As of 2021, is there ANY service that is similar to Credit Karma in that it shows your scores as they change, but not like Credit Karma in that it shows the actual FICO score, and not some vantage 3.0 or other stuff? I know asking for daily access and updates may be a stretch, but would settle for sure for the BEST monthly updated FICO scores.
  18. New to reading your situation and haven't read it in full, yet, but to answer this particular question, yes you want to file it titled Motion to Compel Discovery. With ANY filing in a court case, you ALWAYS want to file a copy with the court FIRST, and then send it to the plaintiff or respondent. I am not sure about where you are, but here in Texas, so long as the person receiving the document provides consent you could serve them by email with their copy after it is stamped filed with the Court. I am not an attorney and this is not legal advice. EDIT** My personal fave, is when it
  19. You actually could, so long as you don't name particulars of the other matters you speak of specifically such as name of creditor, etc. As someone who also knows about the confidentiality clauses of agreements I understand your hesitation to do so, but the reality is, if you "don't say", then you didn't say. I sued an employer I worked for once and got $4,000. You have no idea which one, and I wouldn't divulge such info, but there is a confidentiality bit to that agreement.
  20. Scott & Associates are bottom feeders who are lazy at best. File your answer, and MTC Arbitration. You will likely receive an email by S&A to say that arbitration isn't applicable. Did they file in the actual county that you reside in?
  21. An account being closed will have an adverse affect on your credit report definitely in the very near future. However, it won't last forever. You will see a little dip, and if nothing else is dragging your score down and your paying all the other obligations you have on time your score will rebound fairly quick.
  22. I have seen the same thing. i was "sued" by Scott & Associates P.C. for Credit One Bank. They provided the same numbers of "bills of sale", four of them, which occurred all in a matter of one day apparently. One thing I can say I did about that situation was looked at my consumer report. LVNV was reporting an account with a one month term, as being charged off. I am not exactly sure if that helped or not, but when I mentioned that and a couple other things to that specific law firm they dismissed the case, on their own, without prejudice. In my case however, the SOL has already passed so t
  23. https://www.nslawla.com/articles/who-is-liable-for-debts-after-divorce-in-louisiana/ i did this quick google search and it appears that if she opened the account WHILE you were married (the credit card account) that you would or could be liable for 50% of that debt. I would assume wherever you got "community property is ONLY property that is beneficial....", if they split the debts between spouses in your state, plan on it being split.
  24. A name being printed on a check DOES NOT constitute any entering into any "agreement". If that is the case, then the attorney should be suing your ex wife also, not just you. The banks name is also printed on the check also, and maybe even the name of the company that printed the check in some cases. Guess they all entered as well? I am confused though as to how the checks have both your names, but you say she is the one that owns the account? Did you never close the account for whatever reason you could not? If so, then you are still part owner of that joint account most likely. Usually
  25. Do you not know when the actual last payment date was, or date of delinquency on the account? Just because the petition they filed says Feb of 19, doesn't mean it was so. Had your phone number changed since you opened that account? Had you received phone calls to your phone (cellular) which DID NOT have the same number BEFORE your account went delinquent?