retmar

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retmar last won the day on May 21 2009

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About retmar

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    500 posts and hasn't been banned yet....
  • Birthday 11/21/1946

core_pfieldgroups_99

  • Biography
    Retired Marine/Totally Disabled Vietnam Vet
  • Interests
    Enjoy 15 living grandchildren (2 Deceased)/9 Great Grandchildren
  • Occupation
    Over 20 years as a Slot Shift Manager in Nevada Casinos, both Reno and Vegas.

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  • Location
    California
  1. For the past few years, I've been mostly absent here, have forgotten many things in deletion of TL's. Have a friend who is recently divorced. There were some accounts that friend was an authorized user. The primary on the account has since, due to divorce decree, paid off and closed accounts. Now friends score has tanked, dropping near 80 points. Must admit, this was a surprise to me. When I paid off credit cards, my score went up. True, accounts remained open, except one. My one concern here is if requests for deletion on AU accounts are granted, scores most likely will dro
  2. I haven't read the whole decision, thus, unable to give an opinion on the whole, yet. For those who have not checked their state's statutes, do so. I say this, as the FDCPA gives the consumer the right to use whichever statute affords them greater protection, state or federal. California, for one, holds the original creditor liable under the Rosenthal, CCC 1788.1. IF they attempt to collect their own debt. If I recall, weren't there a couple of other cases some time back about this very question? Different phrasing, of course. I believe two of them involved A$$ET, one in Mich
  3. Do listen to them. The only thing I'll add is for you to look up your state's Landlord/Tenant Statute to see if the landlord acted as written. For example if your state requires you be notified, in writing, within 10 days of termination, you can be held liable. If not, they cannot collect. Some states are 30 day. I say this as you mentioned 60 days in your original post. It has been found in many suits like this where the landlord did pad the actual cost, so, absolutely, you are handling this properly. There are also some things they can't charge you for, mainly, what could be conside
  4. ABD74, I forgot to include a statute that should also ease your mind on these "ADUB's". Read Code of Civil Procedure 116.420. Sub-section (a) says, "No claim shall be filed or maintained in small claims court by the assignee of the claim." This does not say you can't be sued, only that the assignee can't sue you. They can, of course recommend this to their client. Though no mention of an attorney is made, one must assume the attorney could file the claim as legal counsel of the original creditor. Read the whole section to understand all of it. I must admit that their claiming th
  5. ABD74, listen to the others, and stop worrying. I'll add that you need to go to Radio Shack, or another, and purchase a battery operated recorder. They run probably $25 and up. DO NOT ANSWER THE PHONE AND RECORD THEM. Let them leave a message, then transfer it to your recorder. California is a two party state. Your post sounds like your payday loans were some time ago. If over 4 years, do not worry about it. They're barred. Also, read my earlier post about these payday loans and filing suit. If it is true their attempt involves a loan in your name, they should have a copy of the ch
  6. Clydesmom, Tricare is the same as other insurances. The only differences with them is they only cover active and retired military and family, and, if you have a primary carrier from employment, or Medicare, it is always secondary. I've been retired from the Marine Corps for over 40 years now and have had CHAMPUS/Tricare ever since. And, have used both over the years with my employee carriers. They include United Healthcare, Aetna, Blue Cross, and Blue Shield, plus one who was self insured. During my career in the Gaming Industry, I was the one who shared the benefit packages with the n
  7. I've got to throw some pennies in on this one. Mikefl, I did a thread on medical collections some time back (2007). On page one in this section, look for the "pinned" regarding medical bills. It includes some good info. For example, do you have any copies of the bill? Look at the charges. Then match with the copy of your EOB from your carrier. You said the bill was for $100. What did your carrier allow? What you want to find is IF the provider, upon not receiving payment, billed you for the whole amount of care, just as they did your carrier. If so, and they agreed to accept assig
  8. BV80, that is a new one. I guess I best reprint my statutes. Give me some time as I'm going to contact the Department of Consumer Affairs, to see if they updated the Summary of the Rosenthal. Plus, see what I can find. They do have the Summary online. I'll check there first. If you try, go to the website and search for the summary. It's been some time since I went there as I printed it out several years ago. In fact, this is where I got the sentence I quote. You'll find it in the footnotes at end of summary. Myself, I read this as referring to the FCRA, not the FDCPA. True, the "he
  9. I did not see where anyone mentioned the numbers showing on the letter received. If this letter is "real", it should have numbers, letters, or a combination of each, that refers to that specific case. Most always, they will be under the date, or, at the least, in the upper right or left area. If so, go to the website of the court stated, and search. That number must match the case, you. If none exists, it is a phony. Many debt buyers use this tactic. they will refer to a number, causing you to believe you are being sued, or send what you believe is a summons, or legal paper, but, when you ca
  10. Hate to be a bearer of sad news, but, this being a business loan, the FDCPA does not afford protection to any business debts. Do read the statute, to better understand who and what is protected, as well as to learn what options are available to creditors, collectors, as well as consumers, business related or not. You can also go to your state statutes to understand the rules of court, as well as procedures, and all other items of importance you may want to know up front. I say this as even though the FDCPA does not afford you protection, you can use every other available protection to assist
  11. First off, the SOL is 4 years. Go to top of page and click on the "Statute of Limitations". Scroll to Nevada and read the whole statute. When did you move to Nevada? Exact date. We'll start here with California. You were in California when the vehicle was repo'd. Therefore, California's statutes on repo's takes precedence. If you did not receive a letter from them within 10 days that gives you their intent, etc., they cannot legally collect the unpaid balance. You'll find this at California Civil Code 1812.2-1812.5. Read it all. Some may argue this is not true. I used this three years ago fo
  12. She is in her 80's, on a limited income, since husband's passing a couple of years ago. She just wants to make everything easier for herself with the time she has left. A friend of mine went Reverse on his property in 2001. Appraised at $140,000 (Duplex), they gave him $79000, kept balance, on account (forgot terminology). Has no complaints at all. My BIL's MIL did one also. House at $270,000, gave her just over $200,000. she wrote a check to each child, and lived off balance. No problems. When she passed last year, all they did was give the keys to the lender and all was done. Lik
  13. Thanks for the reference, "Willing"! It didn't have the info I'm looking for, but, I did keep it as it may come in handy for others who run into that problem. One has eye problems with no family near to help her, so, this may help. She owns her home outright. I'm beginning to think they can't attach, or place a lien on the equity, due to it being a reverse mortgage. I just want to know that this is a true statement. I forgot I have an email address for one of our old members who works in real estate. I'm going to send off my questions tonight. I will share what I find out. To all wh
  14. Thanks, I'll do that. If you find anything, please share. I'll do likewise if I find anything. Never use counselors. Thanks for checking.
  15. The state you now reside in is the state whose SOL will apply. The only way the other state would take precedence is if you had moved from that state, then moved back, then, they could ask that the statute be tolled. I do understand (forgot about it) that if the original contract had the arbitration clause, then the state of the lender takes precedence. There was a decision on that some time back. I don't agree with it, will always fight it, if I found myself in that position. If I recall, the bank was in Delaware. Regarding the FDCPA. Congress wrote the FDCPA due to the continued unethic