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Everything posted by Ronalddog

  1. Sorry - the debt validation "strategy" just didn't work for me. I am interested in other people's experiences about it.
  2. Watch out hiring a contingency lawyer - they will want you to pay the "costs" which can be very expensive. They'll nickel and dime you on everything (.25 for copies etc.) It is probably better if you do it yourself. If you get in trouble you can dismiss and then hir a lawyer.
  3. Also you want to get his costs up as soon as possible. When this guy files an answer to your complaint, send him discovery requests the next day. Do as many interrogatories, request for production, and maybe even try to depose the "person most knowledgable" at the company. The lawyer will complete freak out and they will settle quickly. It costs about $2,500 to open a file in one of these cases for the CRA.
  4. Actually I would prefer federal court - it is more fair but there are more procedural items you have to watch out for. But the judges will probably help you along. I have found in state court that the judges are swayed by the same friendly attorneys they see every day.
  5. Originally posted by NanaC BK FRIENDLY CREDITORS Compiled by NanaC Clarifications: Listings based on earliest receipt of credit. Occasionally, something may appear to be listed twice. This results from the credit being somehow different, for example, secured and unsecured, credit limits, etc. STARTER BK CARDS: score bad. 1. Household - unsecured 300 - 5 mos., score about 560 ( ) 2. Cap1 - Secured and Unsecured ( ) 3. Orchard - Secured ( ) 4. American Online Secured Visa ( ) 6 MOS - 1 YEAR REBUILDING CREDIT: score low 600s 1. Cap1 - unsecured gold 500 ( ) 2. Orchard - unsecured $500 ( ) 3. Target Guest Card- unsecured 200 ( 4. First Premier - $200 ( ) 1-2 YEARS REBUILDING: score mid 600s 1. AT&T Wireless - No deposit ( ) 2. Cap1 Platinum - unsecured 5000. Yes, platinum. started w/regular card and negotiated credit line to platinum. (Wow!) ( ) 3. Cross Country Bank Visa - unsecured - $300, then $600, then $1250 over time. * ( ) 4. Cross Country Bank MC - unsecured - $350 * ( ) 5. Dillards - unsecured - $500 ( ) 6. Circuit City – unsecured -$2000 ( ) 7. Western Security Bank - secured ( ) 8. 1/00 Direct Merchants Bank $1001 (Semi-secured) ( ) 9. Sprint PCS - $200 Assigned Spending Limit ( ) 10. Newport News/Spiegals/Eddie Bauer ( ) 11. Merrick - $1000, about 650 FICO ( 2+ Years Rebuilding: score low to mid 600's: 1. Aspire - unsecured - $500 ( ) 2. Voicestream - No deposit ( ) 3. Bank One Checking Account with Debit Card after 5 months usage ( ) 4. Mortgage Received (No specific name as more than one loan was found by those reporting receipt of mortgage loan.) 5. Nordstrom - suggest not applying on-line ( ) 6. First N.A. Nat. Bank - 3 years ( 7. Citibank MC- will consider post-7 years ( ) 8. Nextel - must be 7 years post BK, no dep. ( ) 9. Exxon - 4 years ( ) 10. Home Depot - 4 years ( ) ** 11. Bloomingdales - 3 years ( ) 12. Verizon - no deposit ( ) 13. Washington Mutual Visa secured card issued by Citibank N.A. South Dakota ( ) 14. Mervyn's ** ( ) 15. Generations (6 year mark!) - $1000 ( ) 16. Target Visa - mid 600's required ( ) 17. Lowes - 3+ years ( ) 18. Washington Mutual Mortgage - 3+ years ( ) 19. Nordstrom - 5+ years (www. 20. Wescom Credit Union - 5+ years ( ) 21. First Nationwide Mortgage - 5 years ( ) 22. Dell - $1500 - 5+ years ( ) 23. Nissan Lease - 6+ years (Please provide link if known.) 24. Phillips 66 - 7.5 years ( ) 25. Ford Credit - 5 years ( ) 26. Diamond Shamrock - 6.5 yrs ( ) 27. Menard's Big Card (Conseco) - $3000 - 5+ years ( ) 28. Capital One Auto Finance -14 % interest, score approximately 650 - ( ) 29. JCB Card - CE642 Special Considerations: 1. Bank of America - will consider post-BK if you have established credit and can show unusual circimstances (business loss, medical, etc.) 2. Citibank MC- will consider post-BK after 7 years 3. Citibank Diners Club - will consider post-BK if you have established credit and can show unusual circimstances (business loss, medical, etc.) 4. Federated (Pres. Club Visa)- 3 years post BK was able to override with explanation and good (>680) score 5. Federated (Macy's) Store Card - 2 years post-BK was able to override with explanation. Rejections (BK Unfriendly): 1. Lowe's (MB) 2. Home Depot (MB) ** 3. Walmart 4. Mervyns ** 5. Exxon/Mobile ** 6. Amex Green 7. Best Buy (Household)-Recently confirmed letter due to bankruptcy Ch 13 6.5 years 8. Citgo 9. Amex Optima Secured 10. Home Depot 11. CitiBank 12. Associates: Citgo (try manual 24 ms+, 3 good lines) 13. First USA (try manual 5+ years discharge) 14. Bank of America 15. Sears 16. Fleet 17. First USA 18. Mens Wearhouse 19. Monogram Bank = MB ** 20. Amex LOC 21. Juniper 22. Chase Manhattan 23. Target Visa 24. Corvette Mastercard 25. Target with recent BK discharge within 4 months** 26. UnionPlus 27. GM Card 28. Conoco 29. Robinson's May (a-holes) 30. Shell (No BKs) 31. Chevron Smart Suggestions: 1) Try Credit Unions 2) Ford is BK friendly
  6. I received a letter from Transunion a couple of weeks ago stating that they were not going to process my disputes because they thought I was a credit repair agency. I wrote an angry letter back CMRRR stating that I was not a credit repair agency and that I demanded that they immediately send me all correspondence that they claimed that was sent to them by any credit repair agency: of course they never responded but they did take action on my other requests in the letter (sending corrected copy of credit report to inquiries in past 12 months, removing collection TL, and their useless response regarding verification. Today, out of the blue I recieve the following letter: ************************************************* Thank you for contacting Transunion. Our goal is to maintain complete and accurate information on your credit report. We have provided the infomration below in response to your request. Re: General Policy The federal Fair Credit Reporting Act requires TransUnion to investigate, free of charge, information on your credit report that you believe is inaccurate. If yo uhave reason to believe that the fee charged by a credit repair company was too high, and/or its services were misrepresented, please let us know if you would like your situation to be referred for investigation by filling out and sending us the form below. With your permission, we will provide the information you send to the appropriate authorities. It would also be helpful for you to attach any brochures or documents you received from the credit repair company. What the h ll? Are they for real?
  7. Okay - look at Kurtzman v. First USA Bank Case No. C03-01515 JW USDC Northern District of California Mayes v. First USA Bank, Case No. C03-0527 SC USDC Northern District of California All of the documents are online with PACER - the plaintiff's got steamrolled in these cases with bad case law. The lawyers for Bank One (First USA) are sure weasels.
  8. I assume that the attorney obtained a default judgment against you in a court proceeding - ignoring a lawsuit isn't in your best interests - driving the attorney crazy on the other side is. Hinting that you were going to file bankruptcy should have gotten him off your back before the court proceeding took place. You will now have a judgment on your credit report for the next 7 years. What is going to happen is that you will be called for a "judgment debtor" hearing where the court will assess your ability to pay. Yes you should answer the discovery because if you don't the attorney will file a motion to compel with the court and ask for sanctions and will try to have you found in contempt of court. You must go to this hearing and must tell the truth. If you don't you will be found in contempt of court. If the court fines you, the fine will not be dischargable in bankruptcy. Once the attorney has your bank account information, he will attempt to levy on your bank accounts and assets (if any). If you get a job he will attempt to garnish your wages. You need to get yourself out of this hole asap. I would recommend filing Chapter 7 as soon as possible. As soon as you do, the automatic stay will stop all collections/lawsuits and judgments in their tracks. The filing fee is $200 and you probably could do the paperwork yourself. You can actually go down to the federal courthouse in your area and look at what other people have done. P.S. If you were truly "judgment proof" they wouldn't have filed a lawsuit in the first place.
  9. Okay I read somewhere else that they can't do that. I will research and get back to you.
  10. Apparently the Nelson case is good law: I shepardized it in Lexis and there is no negative treatment: Lexis summary: The district court dismissed the action, ruling that 18 U.S.C.S. § 1681s-2( did not create a private action. On review, the court disagreed. The court found that Congress limited the enforcement of the duties imposed by 15 U.S.C.S. § 1681s-2(a) to governmental bodies. But Congress did provide a filtering mechanism in 15 U.S.C.S. § 1681s-2( by making the disputatious consumer notify a credit reporting agency (CRA) and setting up the CRA to receive notice of the investigation by the furnisher. 15 U.S.C.S. § 1681i(a)(3). With this filter in place and opportunity for the furnisher to save itself from liability by taking the steps required by 15 U.S.C.S. § 1681s-2(, Congress put no limit on private enforcement under 15 U.S.C.S. §§ 1681n & o. The court found that the statute had been drawn with extreme care, reflecting the tug of the competing interests of consumers, CRAs, furnishers of credit information, and users of credit information. It was determined that it could not remake the balance struck by Congress, or introduce limitations on an express right of action where no limitation had been written by the legislature. Those people who lost (and recently) against First USA got bamboozed. See how this works - I ask a question and you give me a case - I research it and then everyone is informed. So let's go back to the debt verification after the initial 30 days and see if we can prove that is legally binding.
  11. No - I was on vacation in a different state and don't have my research with me - it has only been a day. I found three current cases in the United States District Court, Northern District of California against First USA in which First USA uses as a defense that an individual cannot sue a OC under the FCRA; only the state and federal agencies can - also an individual cannot sue under the California Fair Credit Reporting Laws because federal law supercedes. The cases were dismissed with prejudice (means you cannot file again) because of these two items. Use PACER and look up the cases for First USA. I will post what I found around 1:00 p.m. pacific standard time today. Also admin and swede if you want to ban me, go ahead - I try to be civil and get an adult discussion and I am continually "dissed." You tell me not to be combative so I put up a statement instead of an accusation and I am "dissed." It has only been one day since I posted the first post in this series and people are freaking out. So I misplace a question mark or an exclamation - is that a capital offense?????" What ever happened to not shooting the messenger for the message????
  12. You cannot sue an OC under the FRCA for placing erroneous or inaccurate information on your credit report - only state and federal agencies can sue. Please give me your comments. Go ahead and beat me up if you can.
  13. First: the Bear - it is the UCLA Bruin - my alma mater. Second: Please chill - you guys are like attack dogs - I am just asking questions and I get jumped all over like I spit on your mother. I want to be completely informed so I case I have to sue I am ready to do so. Also the admin and the others usually tell the people with questions that they should sue - good - I need to know what I am up against. Also I am in law school and that is why I question "EVERYTHING". Also - unlike the others in these boards I will publish everything I file with the court and the results - I will not agree to "confidential settlement agreements" that sell everyone else out. Also - I have some other bad news which I have found out during my research (I am still verifying this though). You cannot sue an OC under the FRCA for placing erroneous or inaccurate information on your credit report - only state and federal agencies can sue. (I will place this in the lawsuit section for your infinite wisdom too). So go ahead and kick me in the head again - i waiting ....
  14. Croft dyck! You probably are Christine Baker - I saw your posts on her site. You call me a troll - what a jerk. So you are judged on the number of posts you make - are you kidding? or just stupid? How 'bout all those bump posts? I didn't ask for any credibility from you - I was just making a observation. And of course your simpleton mind couldn't handle that someone had a point and turned into an attack dog. Let me guess - you're a DEMOCRAT!!! Her complaint is legally defective in the sense it state facts to constitute a claim for relief - this is the legal reason that most complaints are thrown out. My expertise is in litigation and she is going to get a rude wake-up call. And by the way - it is too late for her to pull out!!!! I certainly don't want to waste my time helping someone for free when she charges for her time to help with credit repair (to people who cannot afford it I might add). If she didn't charge anyone I would be happy to provide my time and my lawyer buddies to her cause.
  15. Did you report the violation to the FTC? Can you? Who did you call?
  16. Hey croftfk: I'll give the same answer I've gotten from others when I have given specific examples (case sites) of flaws I see in the credit repair scheme on this site: I don't have time (to go page by page)! I'll ignore that "qualified" remark for what it is - a dig at my competence. Why are you qualified to say that the case has merit? You aren't and the case is in trouble. I wonder how far she has gotten in discovery? Why isn't she publishing the discovery in the case? Why is her forum locked up? Compare Ellen Chase's complaint versus Christine Bakers. Christine is in way over her head. Her contentions are nonsense and impossible to prove. For one thing she has sued individuals that she has never had personal contact with. Good luck to her though. Admin - instead of putting your money on Christine you should be giving it to her to the attorneys fees of the CRAs.
  17. Where is Ellen Chase's website at? I looked at Pacer - 5/21/03 29 NOTICE by dft Trans Union LLC of Offer of Judgment to Plaintiff Chase (map) [Entry date 05/23/03] Then Transunion offered $2,500 to settle on August 30, 2003. I would like to really see this before they enter into a confidential settlement agreement. I am thinking of having a messenger pull the complaint, answer and any settlement agreement - I noticed that they tried to pull her into arbitration - good job of getting out of that.
  18. I've written Christine but did not receive a response - also her posts are locked so no one can add to them. That's why I made it over here (by accident I may add). Moreover, I don't think she can help me in any way (if you look at complaint you would know why). Therefore I wouldn't get anything out of it (gee isn't that the way the world works?) If you read Christine's complaint it is rambling and fails to state facts to constitute a claim for relief. I think she will eventually be hit for about $20,000 in attorneys fees for harrassment. She should have had an attorney at least write the complaint to give her some wiggle room.
  19. Scenario - Two accounts from First USA and MBNA were discharged in bankruptcy - THIS IS FROM EQUIFAX REPORT - EXPERIAN AND TRANSUNION REPORTING CORRECTLY - MBNA and Bank One seem to be playing a game - after they were disputed they changed them to: Bank one change name to First USA - ACCOUNT TRANSFERRED OR SOLD - R9 MBNA - ACCOUNT TRANSFERRED OR SOLD - R9 R9 is charged off to bad debt - but they were included in bankruptcy - can they do this? Do they have to tell me when they were "charged off"?
  20. CD - My first two posts I do ask questions and they were never answered - I get a whole bunch of "well everyone else has been successful" but I never get authorities to point me in the right direction. Well who has been successful, how did they do it and what are the facts in their particular case???? I personnally don't think the validation letters work - they haven't worked for me yet - I am going on 45 days and in the meantime I am in limbo. Maybe I am venting because trying to get the CRAs is budge is having an inguinal hernia: it really hurts and when you try to push it in it pops out somewhere else and hurts even more. (Not to mention the analogy as to where it is located). The CA doesn't respond, or the CA drops the TL and then the OC shows the collection (and swede they can do that in California). Gee what is next? They take the TL off and put it on a couple of weeks later - great!!!! It is very frustrating because I read the posts I see a lot of general "advice" without any backup. Now I will have to sue the CA but I have gotten nothing from this post that I can use in court (which is the whole basis of my question in the first place).