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Everything posted by Credithis

  1. Interesting read. Specifically this: (c) Borrower defenses. (1) In any proceeding to collect on a Direct Loan, the borrower may assert as a defenseagainst repayment, any act or omission of the school attended by the student that would give rise to a cause of action against the school under applicable State law. These proceedings include, but are not limited to, the following: (i) Tax refund offset proceedings under34 CFR 30.33. (ii) Wage garnishment proceedings undersection 488A of the Act. (iii) Salary offset proceedings for Federal employees under34 CFR part 31. (iv) Consumer reporting agency reporting proceedings under31 U.S.C. 3711(f). (2) If the borrower's defense against repayment is successful, the Secretary notifies the borrower that the borrower is relieved of the obligation to repay all or part of the loan and associated costs and fees that the borrower would otherwise be obligated to pay. The Secretary affords the borrower such further relief as the Secretary determines is appropriate under the circumstances. Further relief may include, but is not limited to, the following: (i) Reimbursing the borrower for amounts paid toward the loan voluntarily or through enforced collection. (ii) Determining that the borrower is not in default on the loan and is eligible to receive assistance under title IV of the Act. (iii) Updating reports to consumer reporting agencies to which the Secretary previously made adverse credit reports with regard to the borrower's Direct Loan. (3) The Secretary may initiate an appropriate proceeding to require the school whose act or omission resulted in the borrower's successful defense against repayment of a Direct Loan to pay to the Secretary the amount of the loan to which the defense applies. However, the Secretary does not initiate such a proceeding after the period for the retention of records described inĀ§ 685.309(c) unless the school received actual notice of the claim during that period.
  2. Haha, Seems when it rains it pours....
  3. Maybe good news..
  4. Agree with all the above however, a class action suit is what most companies fear the most as this is a way to hit them for millions of $$ unlike the lonely consumer.
  5. Disgusting....
  6. And their sewer service process server...
  7. Ha, they can't stand to have the light of day brought on them. They are notorious for suing and can never prove the own the account!! Keep at them. Here is some interesting facts concerning them. Any 2nd year law student can beat them in court.
  8. What?? I would be very upset if a court record said settled and a judgement even if it states 00.00 This may hurt your credit rating.... Someone correct me if I'm wrong...
  9. Horrible Collection Agency. They get sued often and they always lose...
  10. Does T-Mobile still own it? To check get your credit report and see if T-Mobile's listing says transferred or sold. Then see who is reporting this and send a cease communication letter to them certified mail.
  11. I fully agree with you on the threatening point. Too many people abuse it to the point of them being considered in the crackpot group. Send a MOV to the Credit Bureaus with the court Docs first. This also will pave the way for possible future litigation if it does come down to it.
  12. Some States Do have a two year SOL on certain debts. Arkansas has a two year SOL on medical debts.
  13. Over the past year I've seen a couple of cases here and on Creditboards about students being sued by these clowns. Here is an in depth article explaining how this company came into being and how they lose in court when being challenged on standing. A pretty good read.
  14. Play hard ball. It seems They owe You money. Quite frankly since SOL is past you can have a bit of fun over this...
  15. Sounds like you are being sued by a scam artist one of those troll types that get an unethical attorney to get extortion monies from.
  16. Is this the original hospital or Doctor that still owns it or is it reported by the Doc or hospital as sold and zero balance? If a junk debt buyer now owns it you can fight this fairly easily. We need more info.
  17. Never pay a collector. Pay Amex directly. What they told you is backwards, if you pay them, Amex will probably see your payment as late. if you give the CA you banking info (Big Time No No) they may drain it dry.
  18. Send a copy of your billing statements minus the $2704 balance to Phillips & Cohen and ask them when is Santander going to pay You the amount owed and do you need to take Them to court.... Send it CMRR and keep a copy of all correspondence. They will drop it. if they don't then the lawfirm can get in trouble for pursuing this also.
  19. This number goes to out of California. It is a collection firm.
  20. Check your credit reports and see if the original creditor shows it sold. If the debt collector owns it what you've sent is a cease communication letter and they can only contact you one more time in reference to the alleged debt.
  21. Most Debt collectors have an automated voice message tell you this line may be monitored or recorded for quality assurance purposes. If you call and record that first you can record away!!
  22. Was it dismissed with prejudice or without? If with prejudice, you bring up Res judicata. It has already been decided by the court. If without prejudice they are free to sue again on the alleged account.
  23. Does your Father recall ever being served for a debt? if possible go to the court and get ALL the paperwork including the paper from the process server telling how it was served on him.
  24. trouble with this is they are probably like the Buffalo Gang. No way to pin an address down on them. Barry1723 can you provide their name and phone # we can try and find who they are.
  25. If the debt collector emailed and sent this info to his employer they can be sued under the FDCPA. Who is the debt collector? This alleged debt is outside of the statute of limitations for them to sue. (Course they can sue but, SOL is a defense) Giving this info to your Dad's employer is a big no no!!! If you have the debt collector's address you can send a cease communication letter to them.