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Recovering Attorney

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Recovering Attorney last won the day on June 2 2011

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  1. You will likely get a settlment letter offer from Cavlary before they do anything. You can probably do a bit better than what the letter offers. Remember, money talks, so don't be afraid to pay a bit mor than what you think is fair, if it is more important for you to clean up your credit.
  2. As Torden says, you need to be more specific in your dispute. Send them a letter saying " Thanks for those statements, but...." And remind them that since you ARE disputing liability, they should not report it to your CR. Check and see if Portfolio is on your report, adn if so, if they have marked it as disputed. They should!
  3. teh service issue is a non starter Hopefully, you answered the complaint with the defense of alck of standing. I would do a followup rfp and ask for whatis missing. Or, you can sit tight and if they move for SJ you can counter that they do not provide the whole chain of title
  4. If you get a notice from the attorney, ask for validation. If you get sued, DO see a decent consumer lawyer. There is lots of info o this board and elsewhere, but you need cogent advice. Arbitration is a good way to put a stick in their spoke, as it gets it out of court, and it is expensive to the other side ( since you can ask them to front the costs), but the arbitrators are back in the game now, so things move just as swiftly as a lawsuit without any real protections for you. 25% is a good place to start, but with a fresh debt like this one, expect a less generaous discount. Money talks, so maybe you put 25% dow and pay another 25% over 6 months. See if that works.
  5. I'd send it to the plaintiff's attorney now. Send it by certified mail, so you know when the got it. Ask them to discontinue the action with prejudice. Call to follow up
  6. Um....... why would they speak to you under these circumstances? They don't want ANOTHER FDCPA case against them. And your friendly class counsel won't speak for you in the foreclosure?
  7. If the "choice of law" is Delaware, then you might have a 3 yr SOL, not 4. Look and se if your state has a borrowing statute. Telling a debt collector to pound salt does not reset the SOL. And if you were specific enough in writng to state your conentions, you might avaoid an account stated claim, too.
  8. Send it to either, but I prefer teh street address. I don't bother with the green card. Send it first class certified and you get a track n confirm number: the USPS will tell you it has been deliverd. That is what you want.
  9. there is no such thing as " lousy validation." They sent you what their client has, whihc probably is enough for 1692g purposes. THey do not have to give you legally competent proof, if that is what you are asking. If you know if to be your debt, and this service chit lines up with your 2005 address, then you have to ask yourself what you'd be fighting for.
  10. To the OP, another alternative is to try to have the judgment vacated. This sometimes gives you leverage to strike a deal. Go get a copy of the court file and take it to a decent consumer lawyer ( NACA member, not just say, a BK specialist) and get an opinion on whether you could get it vacated.
  11. Generally I tell peple not to pay CAs, but I have had dealings with ARS and they are generally ok ( I als o sued them, they helped buy my boat). Make an offer in writing and ask them to respond in writing with something that says they have authority to settle for theOC and that all settlements are final. Otherwise, you can string it out a bit more, as ARS is just a CA, not a law firm
  12. This is why we advise people never to pay a CA. Go see a consumer lawyer about this.
  13. I wouldn't pay it. I would send COnvergent a C&D reminding them the matter is time barred. As for your CR, you may just have to ride them out
  14. Do put your offer in writing. You can couch it in terms of " This is made in th espirit of compromise without conceding liability or admitting any fact. " How close to the SOL is it?
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