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Flyingifr last won the day on March 16 2012

Flyingifr had the most liked content!

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About Flyingifr

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    Former owner of THAT Board


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    Back in the USA - Arizona

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  1. An instant TD is a credit decline that you get within seconds of sending the app in. In most cases it is issued by the company simply checking their own files for any bad debts and there was no credit pull at any CRA - the app simply didn't get that far. Amex is famous for this. My father stole my identity had a charge off with Amex when I was in High School and it took me 30 YEARS to convince Amex that I was not him and get them to issue me a card.
  2. Discover - I got an instant TD over a 10 year old charge off. Meanwhile my FICO scores are all in the 800's now.
  3. "You're coming here? Great, I'll put on the coffee, you bring the donuts." When they make silly threats like that, you should really challenge them on it.
  4. They answer the phone as "Litigation Office" meaning it is either a CA or a JDB. Obviously they are trying to scare her. Obviously they did. She needs to do a LOT of reading in the Flyingifr Method. On the Other Board she will find these: Understanding the Collection Agency Chani of Custody - the JDB's Achilles Heel Flyingifr on Venue Making Yourself Judgment Proof Frustrating the Skip Tracer
  5. I doubt the police will get involved in a civil action, and I doubt any Judge will uphold a claim of fraud when you paid the bill for a year before you lost your income. Fraud requires an intent to decioeve, and paying the bill for so long defeats that allegation.
  6. It's a really simple concept - Statute of Repose extinguishes the debt so that it no longer exists except in some bill collector's imagination. Statute of Lmitations is a defense against a debt that does exist but is not enforceable. So.... if I call you and start dunning you for payment of a debt that does not exist except in my imagination, the simple act of asking for money is a FDCPA violation. It makes no difference whether it is for a real but reposed debt or some Payday Loan that originated in some scamster's computer in Mumbai. Neither of them exists in law. The Wisconsin Statute cit
  7. I don't care whether a debt collector knows the finer parts of repose or not. If they don't understand my explanation maybe a Judge can explain it better when they get sued for a FDCPA violation. After all, ANY attempt to collect a debt that has been reposed is a violation of the Misrepresentation prohibition.
  8. There probably are but unless they are based on California's Rosenthal Act or the Texas Debt Collection Act they will probably be based on the above section of FDCPA. No need to cite a Court case when you can cite the l;aw itself.
  9. Let's make Gunny's post describing the difference between SOL and Repose a bit easier to understand: SOL: "Mr Collector, You say I owe you money. You can sue me but since SOL has expired I have a legal excuse not to pay you. You snooze, you lose" Repose: "Mr Collector, debt? What debt? Even if there was one the Statute of Repose says it no longer exists. Since it no longer exists you can't sue me for it."
  10. How about the text of FDCPA itself? FDCPA Section 803(6) (15 USC 1692a):
  11. If an OC pretends to be a CA then the OC becomes subject to FDCPA.
  12. Right - I took the subway so I came across the river "feet dry"
  13. No mixup, I lived in Queens at the time. They had me dead to rights - I slipped across the East River one day into Manhattan. Does that qualify me as a "wetback"?
  14. But not a Martian Trans-sexual? Someone screwed up. Many years ago Citibank abruptly closed my checking account because they had "information" that I was in the country illegally. The fact that I was born in Brooklyn NY made no difference, and this was in Manhattan - right across the river from Brooklyn. In arguing my case with the Branch Manager I pointed out the window to Brooklyn and asked "Do you need a passport to go there?" He said "No". then I asked "What country is that?" He said "Brooklyn". Sometimes, facts are irrelevant. Needless to say I have never done any business with Citiba
  15. Given that your goal is to improve your credit score, I would say that even if you paid the debt in full, you will not accomplish that result. Let's face it - the damage is already done - the account has been charged off and sold to a Junk Debt Buyer - I am certain that can be deduced from what is on your credit report, has been placed there by Cap1 and/or HSBC and paying URS isn't going to put them in a forgiving mood. So.... I don't see how paying URS anything will help you accomplish your goal.