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magali

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Everything posted by magali

  1. LVNV sent me a letter dated on the day Credit One cleared my record with Experian that they were reviewing some new information. I haven't received anything else from them ever since, so I think they found out they couldn't charge me for the debt. question: A collecting agency offered me a one time $900 payment to clear the 5k debt I had with a Chase credit card. I paid and received payment confirmation from CA. But it still shows up in my credit report that the account was unpaid. Do I dispute on Experian or do I contact the collecting agency?
  2. They haven't contacted me anymore. The hearing for my MTC is around Spring 2022
  3. Hello! Has anyone had this issue before? \Although Credit One removed everything from my credit record on 11/18, I received a really crappy debt validation from LVNV dated 11/16. Should I send a letter to Credit One again telling them LVNV is still charging me? or mail lvnv? Or will credit one update lvnv on their own and I don't need to do anything?
  4. really? I was searching for info about how to ask them to delete it from my credit report after i pay. A collection agency offered me a super low settlement to pay off a chase credit card debt and I was wondering if I should ask them before I pay. That's what someone suggested in an old thread, posted below, saying "You need a settlement agreement, signed by both you and Citibank, that states that they agree that they will not sell the balance of the debt to a CA or junk debt buyer and that they will delete any negative TL reporting on your credit reports."
  5. Is your credit card Credit One? Did you check your card agreement to confirm they have a arbitration clause?
  6. Well, I was very naive. They actually wanted to see if I would do a payment plan. Whoever spoke to me said in a passive-aggressive tone that i don’t seem to want to fulfill my obligations (I paid faithfully for XX months until I went broke) and just want to get the case dismissed. I won’t tell the whole discussion in case they are checking this forum, but nothing was resolved. And I didn’t even mention wanting them to pay the fees for me.
  7. I assume they will try to settle. I cannot afford the debt in full or partially. Should I simply say dismissal with prejudice? Can I ask them to pay the court fees for me? I applied for fee waiver, but the court here states that if your finances change up to 60 days after you filed, you are required to pay the fees.
  8. The law firm representing cavalry contacted me. Do I have to confirm my information to them ? (SS# , birthdate?)
  9. UPDATE: experian already reported the dispute is complete. Credit one bank was removed from my credit report. edit: credit one is not showing up on equifax either. I signed in today (Saturday) to file a dispute there and it is gone too. It still shows up on credit karma under transunion, but on transunion website it is gone too.
  10. Do you think there will be an issue with how they were served since they didn’t sign? It says the letter was delivered to the mailbox. I’m about to deliver the proof of service to the court.
  11. Did you answer? Did you check on the credit card agreement if BoA allows arbitration? I had to call bank of america to ask for my card agreement because I couldn't find it online. But the ones I read don't say anything about arbitration. Target cards also do not have arbitration option. Here's a list to find out card agreement: https://www.consumerfinance.gov/credit-cards/agreements/ I think when original creditor sues and there is no arbitration, the best option is to try to agree to a settlement. I have a bank of america credit card too but it was charged off and sold to a jdb.
  12. It says on the tracking for the mail that was sent to the lawyers : ”Waiver of signature was exercised at time of delivery.” The useless woman at USPS was too busy chatting and as my friend realized she forgot to checkmark the boxes on the bottom right of the cmrrr, the usps worker snatched out of her hand and said she didn’t need to check that. So it was as if she authorized them to waive their signature. This is really upsetting because she paid extra just for that.
  13. Yes, I have their email offering a settlement and stating that they would waive the remainder of balance. I have proof that I paid. They record their calls, so they should have the recording of when I asked about closing my account. I have the letter from LVNV/Resurgent and the letter from Credit One stating they sold the account. And on my credit report it shows that Credit One reported this month the sale to a debt collector. It is strange that Credit One harassed me for months about my debt before that payment but did not harass me after I paid even though they kept charging me fees every month. Once they reached the amount I originally owed before the payment, they sent it to collections. It makes me feel like they purposely didn't contact me because they wanted to send to collections and eventually I would have to pay everything. On an old thread about LVNV, it says this company is owned by ShermanCompanies, which also owns Credit One. In the end, the money goes to them anyways. I disputed it on Experian today. It doesn't show upon Transunion, just that I was in debt last year. On Equifax it shows the wrong info for this year but it wasn't accepting my documents so I will try again later. I sent to Experian proof of settlement offer, proof of payment, letter from credit one saying they sold the debt, letter from debt collector, proof that i sent a direct dispute to Credit One and even usps confirmation that they received it today. A total of 8 docs.
  14. Could you share how you did that? When I still owed money to Credit One, they put me in collections, but it seems it was a collections dept within the bank, since on their website they have a number for collecitons. They used to call me 20x a day, 7 days a week. It was pure hell. I never took screenshots since I didn't know at the time what they were doing was illegal. I did tell one of them they were calling too much, and the woman said she would talk to "them", but it didn't change much after. edit: is discovery only done in court? i wanted to report credit one for those violations, but have no proof they called me so much
  15. no proof? their calls are recorded and i know exactly which day and time i called them because i found it on my cellphone billing statement for that month i also have the emails that confirm that i made the payment and the email offering me the balance reduction. they gave me until mid february to pay and i paid in early february they sold the nonexistent debt to LVNV. how would i use discovery when credit one doesn't own the "debt" anymore? they haven't picked up their mail yet at the PO Box, so i did not dispute with experian yet.
  16. I paid them in February. It shows my payment but they continued to charge me. I gave them the benefit of a doubt but now I see they just kept me charging late fees for months! I still have their emails showing that they offered me a balance reduction. I paid on time. They used to call me 20x a day, 7 days a week for months. At the time I didn’t know it was a violation. I wish I had found this forum sooner. Attached are screenshots of experian showing the charges from credit one and a screenshot from my inbox showing that credit one sent me an offer. I called them about closing the account after my payment went through and not only they didn’t close it but they kept the balance.
  17. My letters to LVNV and resurgent already arrived there and the letter to Credit One arrives tomorrow. Experian sent me a message today about updated credit file. I see that credit one reported my payment and kept the balance that they promised would be waived. as soon as the letter arrives at credit one, I will file a dispute with experian.
  18. Hello! I am using the docs @NetworkEngineer posted in his thread since I am in LA too, and one of the things written in his Memorandum of Points might not work in my case: "Plaintiff’s complaint lists two causes of action: Account Stated and Open Book .No evidence of the alleged account was attached to the complaint. The complaint contained so little information that this was difficult to answer." The summons includes a screenshot of my account showing the last payment, my name as in the summons, the bill of sale and assignment , and affidavit of sale of account. edit 11/16/21: after a lot of reading, I realized that this was actually fine to use. In one old thread, there was a discussion about affirmative defenses and people argued that you put the burden on yourself to prove the debt collector does not have standing when you say "lack of standing". But by using the quote above, you are challenging the JDB to prove they own the account. They have to provide proof, not you. here's the thread: I didn't realize that the bill of sale and affidavit of sale means nothing. It simply shows that they bought a bunch of accounts, it doesn't mean they owned my credit card account. And even if the JDB brings up a person who works for the bank from which they bought the account and that person says that your account was included in that sale, you can still beat it. One guy in this forum beat a lawsuit for 42k from a debt collector who had an affidavit from the original creditor. I filed and already served cavalry's lawyers. Once I get the green card back, I will be sending proof of service to court. I think I will wait for the judge to answer before I file for arbitration with AAA.
  19. edit: never mind, I figured out. Very useful thread!
  20. Thank you! I was afraid if I picked motion to compel arbitration and didn't include the rest it wouldn't work. did you type the whole thing "motion to compel artbitration and to stay proceedings"? I downloaded the docs NetworkEngineer posted - you linked his thread - and it actually says "MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION". I already applied for fee waiver in person since I could not do it online and the court said it had to be in person. It was a courthouse in the valley.
  21. @jon_117I see that you qualified for fee waiver the last time. Did you request fee waiver when you filed motion or did you only filed after the court told you that you qualified for fee waiver? This is my first time ever filing a motion, on the lacourt website, it says "FILED BY" and that's when I pick my name?? And then below it says "AS TO"...do I pick my name or the debt collector's? And to make a reservation for the hearing, I see an option for "motion to compel arbitration" but should i pick the other one that says motion to compel name extension and then type "motion to compel arbitration and stay proceedings"? Sorry if those questions are dumb, most posts here just say to file motion to compel. And did you sign the Order? On your previous thread you said that you didnt.
  22. I checked all three CRA and it doesn't show up yet. Credit One said it will take up to 60 days for the change to appear in my credit report. So I thought in sending that to Credit One and then send a DV to LVNV and Resurgent.
  23. Thank you, I will send them the dispute today, and make sure it is certified mail with return receipt. This is what I wrote so far Subject: DIRECT DISPUTE NOTICE OF ACCOUNT ENDING IN XXXX I am writing to you to dispute the information you have sent to credit agencies detailed on “Notice of Sale of Credit Card Account” letter. Credit One Bank is required to report accurate information, regardless if the debt has been sold (Fair Credit Reporting Act Section 623 (a) (2)). Per FCRA (12 CFR 222.43) “A furnisher must conduct a reasonable investigation of a direct dispute”. The balance of U$7xx on Credit One Bank credit card account ending in xxxx is inaccurate. Credit One offered a balance reduction and claimed the remainder balance would be waived. I agreed to the offer and made the payment on xxxxx. On February xx, I called the customer service number (1-877-825-3242) at xxhour to confirm the account was closed. The agent guaranteed that it would be closed. Per Credit One Bank’s card agreement, a customer “may close the account at any time”. On xxdate Credit One stated in a letter sent to me the account ending in xxxx had been charged off, sold to a debt collection agency and that would report this information to credit agencies. Enclosed are copies of the e-mails from Credit One Bank offering a balance reduction, proof of payment and also my cellphone bill statement confirming I made the call to customer service supporting my dispute. Please reinvestigate this matter and contact the major credit bureaus to delete or correct this information as soon as possible. Also contact LVNV Funding, LLC to close the account with collections.
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