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merkurfan last won the day on January 30 2008

merkurfan had the most liked content!


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    Greese Monkey.. Er Certified Automotive Technician.

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

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



  1. Are you using WhyChats repo letter? People have used that method with reported success. There is case law supported the 2 year limit and the UCC SOL for a repo is actually 4 years.
  2. it's been festering for 5.5 years now.. A recent complaint to the CFPB got a reply of "you didn't dispute in time" with the statement at the bottom "because of the age of your debt we will not sue you".. It's been a long time since I did repair of my own (sadly, I did fall on my a$$ again, but not near as hard this time and things have been looking really good since 2009) but doesn't the "we won't sue you" comment mean they barred themselves from suing? If so, I want to start beating them with a huge stick till the fall off the last 2 reports. I have disputed to the point EQ and EX won't listen to me anymore. I am thinking a 623 because they are reporting as a factoring company and 120 days late, along with being 2 years off on DOFD.. Once the 623 has run it's course if they don't fold, I'll have to sue them for not answering the dispute and the violations on my reports. The account was an HSBC account. I think they would be hard pressed to prove a proper chain of custody or that I actually owe them the debt
  3. Hello fellow Minnesotan.. I have heard of this approach being used as well. "You agree to not respond to any disputes from the credit reporting agencies" while likely also not in the rules per-say.. opps, we forgot.. sorry.
  4. SOL and time bared does not kill the debt (but some states have laws that kill the debt with SOL).. If your state does not kill the debt, they can collect on it for ever. They just run out of time to report or sue. Heck just the other day I got a settlement letter on a 15 year old land line phone bill.. 200 bucks down to 20 bucks.. I sent them a FOAD letter
  5. whychat explains it much better than me. But the UCC covers repossessions. http://whychat.5u.com/repoltr.html He (she?) posts a link to case law to support this. Regardless if you want to use the 4 years or your states time limit. They can sue you any time they want, for any amount they want. You need to answer the case and assert the defense that the case is time bared.
  6. The correct reply is "yes, they require you to report correctly. But they do not require you to report at all"
  7. Sending money is a no no.. CORRECT. Can not be sued... WRONG. They can sue. It is SOL (4 years per UCC) but they would have to raise that defense in court.
  8. sadly, the FDCPA won't apply as it sounds like they are going to be doing in house collections/reporting. So the debt collector angle is out the window. They notified me they where going to report, so I am not sure under what part of the FCRA I could sue under. Unless I go for the wrong information angle. That would maybe stick as they are trying to charge a lease cancellation fee, something that is completely missing from the lease.
  9. The thing is. What do I sue under? They gave me 10 days notice that they are going to report. One nice thing is if it's in the FCRA or FDCPA I can sue under minnesota law as well. There is a provision that says they must comply with those laws in our state law
  10. My wifes, but they miss-spelled her name. It's not from the actual utility company. it's from a third party that takes the buildings bill, uses some sort of mathmatical equasion and says "pay this".. I talked to their lawyer, pointed out Minnesota law and they said they would not try to collect as the landlord did not do their job.
  11. The lease is 2 pages long. the second page is all about the deposit and what has to happen to get it back. There is a mysterious 3rd page we have seen once, but we did not sign it (as we did not see it when we signed everything) " would agrue, as the landlord, that I did not discover that you had abandoned the property until the middle of march and could not get it cleaned for rental use until after the first of April. Thus you owe me two months rent, and I do not play games with collections, straight to judgement." The apartment was ready to rent before the end of march, cleaned, painted and staged. They are currently using it as a model apartment (it's a main floor unit). If you call and ask if anything is available on the main floor they say "no". They knew we moved out, we mailed them a letter stating the date we where moving to comply with Minnesota law when moving out in the winter. We also made them sign for the keys when we returned them. I offered them 2 months rent just to get out of the lease. They refused it. The reason they are threatening to report to the CRA is because they know they will loose in court. They have a incomplete signed lease, the water bill fails to meet the law, and they threatened to evict a tenant that was causing no problems and was paying the rent on time.
  12. Ok, here is the deal. July last year we got tossed out of our rental house due to forclosure (bank told us, landlord made off with deposit and everything). We had to move very quickly. We found an apartment that had a very small deposit and free first month. Since we had just paid the rent on the old place we moved in. 2 months later a water bill shows up. We fight over this bill (it's not in the lease, and the steps required by Minnesota law where not followed) being the guy that I am, I told um to pound sand. I did everything by letter (if its not in writing, it never happened) we went back and forth for a few months. They threaten to evict via a letter slipped under the door in January. I again remind them, state law and the ag say no water bill. They don't back down, we go back and forth and decide, time to get out before we are tossed out as it's the middle of winter and we have kids. It was hard finding a new place because the current apartment building would not talk to prospective landlords or even admit we lived there. Well, we found a place and moved out feb 28th. We get a bill in the mail from the apartment building, pay us mar-may rent NOW or we report to the cra's and maybe sue you. According to our lease March rent is past due, april is not due yet and may, well that is not due for 35 days! Can they do this?
  13. poster is correct, it does still take you to the old page to dispute however, you MUST select something as a reason to dispute the inq... I sent my disputes in, we'll see what happens.
  14. www.creditchecktotal.com is all that is left as far as I know. unless you can get a amx card.
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