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About makia1212

  • Rank
    CIC Member
  • Birthday 07/29/1973


  • Biography
    Married, New Mom

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  1. Pinnacle credit services is reporting on my credit report saying I owe for an old credit card. I disputed and it came back verified. This account with the old credit card has been taken care of. They wont remove from my credit report because they say that it has been verified. I called pinnacle, they say they are reporting for Trak America. I called Trak America and got transferred to voice mail, they will not give me an address. How do I get this removed from my credit report? Pinnacle is just the agency that is reporting for someone else (TRAK), are they liable to any laws? Pinnicle or Trak America is not licensed in my state. NEVER received any letters from either company, now I am stuck with this on my report, having a hard time figuring out how to remove it.
  2. Well, actually the entire debt was not valid, the interest they calculated was not legal, and they had no reason or explanation as to why they charged such high amounts to come up with the figure they came up with. Also our identity was stolen around the same time, I wanted them to send me proof all the charges were legit, and in fact that the card was mine ( I thought it probably could have been one of my cards, but after the smoke cleared I was not totally sure- I thought I had the right to have proof) no one would send me proof even after timely DV (This was the CA not the OC so they should have sent the DV info I asked for & they should have stopped collection activity until I had the proof I asked for), they failed to report my dispute to the CB, then they sued- lets not forget that I am then forced to pay court fees to defend myself or get an automatic judgment on an amount that I am not even sure is legitimate. The only time I got to see the breakdown of charges and proof was right before court, and btw I was still not sure some of the charges, they were based in a different state. Because our identity was stolen and checking accounts were opened in our names, we lost the place we were living and ended up defaulting on both valid and invalid debt- having to move from place to place. It took a few years to figure it all out, by the time it was over I was not sure what was what. So there is more to the story. I was not just going to court on a valid debt for the fun of it- I did feel my rights were stomped on and the misrepresentation from their reps was crazy. They told me lies about court procedure to try to push me to pay a settlement for close to the full amount, with no break down of charges, tried to get me to pay attorney fees even though it is no where in the contract, and tried to charge this outrageous interest rate. Sorry story was so long. I am taking it well because I feel in the end I was treated fairly, if I would have listened to their rep I would have paid attorney and interest that I was not obligated to pay, plus ignore the rules of DV which is my right.
  3. Well, I didn't admit to it. I said since I have not read all of these I cannot say if they were mine or that I was writing about me or this case (and I couldn't - who knows copy and paste- altered perhaps, I was not going to say without reviewing it). The judge said that he doubted that anyone would write under my screen name, and there was way to many coincidences to say it was not me. She just made me read a few lines that I had supposedly wrote and that was it, basically admitting the card was mine (which was clear from the other evidence anyway) The other stuff she had me read was not relevant, it was what the rep had told me about amounts I supposedly owed, does not really help them since we know what they were alleging. She also had me read a line about DV'ing and it was not even the same company, so I had to point that out, also something about SOL. I think her intention was to through out my counterclaim based on this. One thing that I will say is I sometimes would write about other people in the first person just to make it easier, ( I have been helping others with credit) I think she thought she was going to prove I own assets that I do not for garnishment. This would not get far because I do not own any of the things I mentioned in a few of these posts, and sometimes would talk about others credit that is obviously not mine (that I was working on)- although this makes it confusing it can easily be proven it is not me- if it came to that.
  4. "I would have fallen on the floor at that moment! What a shock and surprise" I KNOW! it was like one of those episodes of Perry Mason when the surprise evidence comes out in the end LOL! I have to laugh about it now....
  5. Well this is a long story. I was representing myself and completely out of my element. This forum has helped me a lot, it was my own fault for being too specific. Besides I was once told never write anything down that you don't want to whole world to know and I still think that rings true. The judge did say I must have had a lawyer write up my lawsuit, when I said no he said I did a damn good job, so that made me feel good. I was totally taken off guard with this (presenting my forum posts as evidence), she submitted it because she said she had just found it the night before. There are way to many details. The one thing that hurt me is in one of the early posts I wrote "I am not denying the card is mine just the charges" when I denied all knowledge in my answer- I still don't know what my mindset was when I wrote this, I should have wrote "not necessarily" because I really did not know for sure- long story. I learned a valuable lesson. Some mistakes I made: Saying I was from Oregon Mentioning the misspelling of my name on the summons Using my first name Saying her name in the summons as an example (attorney) Stating my county Stating I was pregnant My screen name matches other screen names I have other personal details Copy and pasting my answer/ defenses and asking for advise Not really one thing I did, it was the combination of things. Surprisingly, the judge cut me a lot of slack because I obviously had not court experience. I totally choked when it was time to present my case, I thought since it was court ordered arbitration he would just ask me questions about what I presented in writing, I did not realize I had to verbally present and it was just like a trial. I interrupted a few times (probably out of nervousness) and he had to remind me of procedure. The plaintiff got to go first, she asked me to read several things out loud, asked me statement by statement if the charges were mine, it took over 2 hours. At the end she slammed me with a pile of posts off this forum, that really threw me and I was so taken a back I had a hard time thinking clearly. I wanted to take a break to read over the info (who knows what was in there) didn't get a chance to do that. By the time it was my turn I was exhausted, I am pretty big being pregnant and the chairs were extremely uncomfortable, I literally was cutting off the blood flow to my brain! The judge did agree with me that the interest charges were illegal, they were reduced. The attorney was incredibly nice, she is working with me to reduce some of the fees, and I am pleased with the settlement. All in all I am glad I answered the summons. Someone told me capital one keeps great records. This is true. they had copies of checks I had written from years ago, a change of address with my signature, every statement & letter they had ever sent me. They did not have an original contract, but my paying on the card proved it was mine, along with my addresses. The user agreement they provided along with the statement did not state anything about a default interest rate, so I proved my point there. In my county the law is 9% so that is what I got. Also it said nothing about attorney fees being paid, even though they asked for that in the claim, so I did not have to pay those. Small victory when I could have been totally shafted if the judge and attorneys were crooked. I was pleasantly surprised on how respectful and tolerant they were of me. I did not feel good (pregnant) and my memory was shot. I could not even remember what year my husband and I got married! I think I work much better on paper than being put on the spot in person, at least in my state right now. This entire thing was a great learning experience!
  6. I meant to say having my posts used against me in court. thanks for the info
  7. After having my posts in court, I would like to remove them. Any way to do this? I don't know if this is a good place to post this and don't know how to get in touch with ADMIN Thanks
  8. Hello everyone. Just got back from court ordered arbitration. It went surprisingly well. I did have quite a surprise when the attorney for the plaintiff (capital one) entered all my forum entries related to this case off this forum into evidence. Since it is a public forum the judge allowed it. Just thought I would give people off the forum something to think about when they are writing their posts:) To spite my pure ignorance of legal procedure, the judge and the attorney were very nice. I think I was quite lucky considering.
  9. THank you here is an interesting bit of info on pinnacle And the best one yet Looks like I have a long way to go with this company