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chincheck's Achievements

500 posts and hasn't been banned yet....

500 posts and hasn't been banned yet.... (6/6)



  1. There is no violation for trying to collect a debt after SOL. It means that you can use it as an affirmative defense to a lawsuit.
  2. Re-read Methuss' post again. He told you everything you need to do. The only way to guarantee that you won't get sued is to pay the debt. Save your old dispute letters and canceled checks for court, if it comes to that. DV is a waste of time, so you shouldn't even be considering it. C&D anyway and keep a record of it. If the CA keeps contacting you, you may have grounds for harrassment. An opt-out is an all-or-nothing choice. You can't pick and choose which companies you want to soft-pull your CRs. Credit monitoring only provides a snapshot of your CRs. The only true way to get the latest information is to order your reports from the source. Only a lawyer in your town has a shot at answering this.
  3. So many people here have made verbal agreements with CA's over the phone and were subsequently burned. Call if you want, but don't be surprised when you pull up your CR's months later and see tons of paid collections listed.
  4. Re-read my post...50-50 chance of being denied with a collection regardless of paid or unpaid. Since you're going through Crap1, it depends how much you get approved for, but Crap1 may include a stipulation that it be a used car only.
  5. Since this was a business debt, consumer collection and credit laws do not apply. However, Methuss' recommendations do apply because the basis of your dispute is you were a fraud victim. Since you were a sole prop, you are potentially liable for any business debt incurred. If your case is beyond SOL, then you have at least one affirmative defense (fraud victim being the other). I also encourage you to keep the option of filing a lawsuit as a last resort because that's what it may take to clear this all up. As for your other question, you can opt out of pre-approved credit offers by writing letters to the CRA's and telling them so. This will prevent companies from "scanning" your credit report.
  6. If that's the case, then a high credit score doesn't really matter, anyway. I hate to burst your bubble, but your chances of buying a new car with a collection on your report won't be very good, unless you're paying in full.
  7. Send a C&D letter, and monitor your reports for any activity.
  8. Since I formerly worked special finance for a dealership, here's what an unpaid collection vs. a paid collection will likely do for you: Unpaid collections -- High likelihood of being denied. If approved, you'll need about 1/3 down payment, a co-signer, and will have a high interest rate. You'll be offered a choice of the lot's previous daily rentals. Paid collections -- 50-50 chance of being denied. If approved, you'll need a 1/3 down payment and have a high interest rate. You may have a chance at a new car (depending on how much you qualify for) but most likely you'll pick from the previous daily rentals. I agree with cavazos -- PFD is the way to go if you want a valid, open collection off your report. Offer it 'til they accept.
  9. Welcome to the board! Was this a business debt? If so, were you a corp?
  10. If you had read about 10 posts down in divemedic's sticky, you would have seen this:
  11. The letter IMO is a case of overshadowing. It does not pass the "least sophisticated consumer" test. Your DV to the attorney was adequate. The attorney's response (summons) was legal as well. It's not that you lose your right to DV after receiving a summons, it's now a case of you asking for the same items during discovery. Your focus now should be to file a written answer with the court before your 30 days are up. Should they verify to the CRA's before providing DV, then that would be a violation for continued collection activity after a proper DV request. As for the lies, it is now up to you to show that they are lies. You do that now by filing an answer and through the discovery process.
  12. California SOL for other than the recovery of real property: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4 Tolling: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=350-363
  13. The only true CR's are the ones directly from the source: EQ, EX, and TU. 3 in 1's are a snapshot from recent CR data. How recent that is, is anyone's guess. When you dispute on TC, they provide you a link to contact the CRA directly. TC doesn't handle disputes.
  14. You're right; I gave bad advice. I didn't see the BK discharge part. My bad. I've successfully sued with less than 12 violations on several occasions and won, so maybe it has more to do with sympathetic, liberal California judges. I'll be more careful in what I say next time.
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