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EdwinRamos's Achievements

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  1. Anyone ever hear of "Credit Resolution Advisors " ?? I received three letters from them, entitled, 1st Notice, 2nd Notice, Final Notice They claim they are not a lender, creditor,collection agency,but, are trying to facilitate a ReNegotiation of debts directly with creditors ??? Sounds like a Zombie debt outfit, requesting a token payment in the amount of $300.00+ They have a listed website listed on the paper as - http://www.creditresolutionadvisors.com/catalog32 Which goes No where ?? this site I found speaks about them as well... Credit Resolution Advisors - Scam, Complaint, Review, or Praise? | Get Out of Debt Guy would love to know if anyone has had any experience with this outfit ??
  2. Not sure if this belongs here, but, a very unusual situation has happended to me recently, which is making my credit score dive. I had an account with BoA"US Airways", recently I received a letter from BoA that all US Airways account were purchased by Barclays Bank, and therefore, a transition period will occur on a future date, and I would be receiving a new CC from Barclays Bank with a new account number. Well a few days ago, after I received the new CC, the transition period began, but, being a member of Equifax, I received a notice of new activity, when I did an inquiry, my Equifax and I assume other Credit Reporting agencies are reporting a double account with similar balances, for example, BoA shows 3000.00 balance, Barclays shows a similar 3000.00 balance wtf ??? I called BoA they assure me I do no longer have an active account with them, and that a transition period has begun, and this problem will be corrected within 30 days. I called Barclays they mention the same thing, and in addition state they will send me a letter attesting to the fact I do not owe BoA any money, they also relate they will make contact with all three major reporting bureaus. Question I have, is this legal or is this total misreporting ? my score went from 745 -to- 698 !!!
  3. Are you certain they are suing? maybe its a scare tactic right now, the account would belong to Chase, since chase took over wamu, and wamu took over Providant. Also, you appear to have reached SOL, as a defense in Court, but, the question I have, is where did you open the account ?, 99.9% of the time they go after you where you currently live, but, they can obtain a venue from time-to-time, to bring a lawsuit at another state. What was the outstanding amount owed ? I'm also certain, they don't have any paper to back up their lawsuit. Did you call the court to see if in fact, their is a lawsuit in your name ?
  4. This comes from the 1010wins site in NYC... New York AG Cuomo Probes Debt Collection Industry NEW YORK (AP) -- State officials have closed two debt collection companies in western New York as part of a new investigation into alleged abuses in the collections industry. New York Attorney General Andrew Cuomo said Wednesday that the two Buffalo-area firms, which did business under several names and shared the same ex-drug dealer as an owner, engaged in a variety of illegal tactics to get people to pay. Collectors working from a small call center played hardball by threatening debtors with lawsuits, making harassing phone calls to their bosses and neighbors, and even falsely warning some people they would be arrested within 24 hours if they didn't pay up immediately. Some people were so intimidated, they forked over cash they didn't owe, authorities said. ``I basically let myself be bullied into paying these charlatans,'' lamented one victim, Daniel Robinson of Brooklyn. He said he shelled out $245 when collectors phoned to say he was about to be slapped with a lawsuit for $1,100 if he didn't pay something immediately. He stopped additional payments when he realized the debt wasn't his. The attorney general's office said it has delivered subpoenas to at least 15 other collection agencies across the state as part of a broad probe of the industry, focusing on a growing number of complaints about overly aggressive tactics. The problem is one that has attracted attention nationwide. The Federal Trade Commission said it received 78,838 complaints about third-party debt collection agencies in 2008, more than triple the number it received in 2002. Cuomo's office has asked the subpoenaed companies to detail how they compensate their agents and describe what procedures they have in place to ensure that collectors follow the law. The owner of the shuttered collection firms was identified in court papers as Lamont Cooper, a convicted felon who got into the debt business after serving time in federal prison for conspiring to distribute cocaine. Cooper was still living in a Buffalo halfway house for recently released prisoners when he founded his business, according to a court filing. His attorney, Thomas Eoannou, said Cooper was simply an inexperienced manager whose foray into the collections business was undone by unscrupulous employees who acted without his knowledge. ``Some of the employees used some improper tactics to collect the debt, and Mr. Cooper immediately agreed to close those phone rooms,'' Eoannou said. Cooper also agreed to pay about $28,000 to settle the case, including $12,000 in restitution to debtors, Eoannou said. The settlement bars him from working in the collections business again. His companies had done business under names including Mean Development, Dial Tech, Claims Process Services, Claims America, CMC Recovery Services, Loam & Barrens and Murray, Bradshaw & Associates. As for his client's criminal past, Eoannou said, ``Lamont Cooper is an incredibly bright, successful guy. Like a lot of people he got into the drug business when he was young ... He did very well after he got out of prison.''
  5. That Arrow account, are you certain it's still within SOL, Wamu purchased Providian around Oct/2005 ? , see Wiki link : http://en.wikipedia.org/wiki/Washington_Mutual SOL in Tx is noted as being 4 years. So when did you open the Providian account ?? and when was the last delinquency date ?
  6. Well, I finally got the last blemish on my Credit Report REMOVED !!!, by using the assistance of both, BBB and the NY State Attorney Generals Office, I received this response from the JDB.... -------------------------------------------------------------------------------------- I have reviewed the complaint in question, federal law related to this issue, and New York statute cited in complaint. The Fair Credit Reporting Act ("FCRA"), a federal law, governs credit reporting agencies and data furnishers. Section 1681© of the FCRA prohibits credit reporting agencies from including accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. The Fair Credit Reporting Act indicates that the seven year period generally begins from the date of delinquency. The New York state law is more restrictive than the FCRA. The specific text cited in the complaint, New York Consolidated Laws Chapter 20, Article 25, section 380-j, governs credit reporting agency activities, not activities of a data furnisher. Our company is a data furnisher. The statute states in part: 380-j Gen. Bus. Prohibited information. (f) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing ant of the following items of information...(iv) accounts placed for collection or charged to profit or loss which antedate the report by more than seven years; or accounts placed for collection or charged to profit or loss, which have been paid and which antedate the report by more than five years. Our office was not able to find any court discussion related to whether the federal statute pre-empts the state statute in this case. In any event, since our company is not a credit reporting agency, this statute is inapplicable to our company. Our company did previously report this account as a settled account to the three credit reporting agencies. The last report sent by our company to the three credit reporting agencies occurred in February, 2008. The credit reporting agencies treat paid in full accounts and settled accounts differently and have different codes to report the distinctions. It's possible that the credit reporting agencies may consider the NY statute inapplicable to this account because the consumer did not pay this account in full--he settled the account. In an effort to resolve this matter amicably, our company is requesting that each of the three major credit reporting agencies delete our company's trade line for this account. A copy of this request will be sent to the consumer. -------------------------------------------------------------------------------------- Note: the JDB danced around the NYS law making reference to the fact it was related to a Credit Reporting Agency, that they are not CRA, but are data furnishers, I would have filed a law suite against the respective CRA and also had named the JDB/Data Furnisher as a Co-Conspirator in the suit. since the CRA can not possibly continue to report the settled account with out the Data furnisher verifying the information. But, as you can clearly see, they decided to put an end to this one. Many thanks to the OP for his/her post referencing the NYS law Hey KCG116, go here: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS than click on GBS than click on Article 25 than click on 380-J than pan down to (f) (1) (iv)
  7. OP, from what you relate in your first post, it sounds like your GF is "insolvent" and I wonder if that can also an affirmative defense in your plea to the court ?
  8. nascar Thank You for shedding some light, but, what is confusing are the options on the legal document as follows: PETITION FOR LETTERS OF: ___ Administration _X_ Limited Administration ___ Administration with Limitations ___ Temporary Administration Would you know what is the difference from Limited Administration as to Administration with Limitations ??
  9. Anyone know what a limited letter of administration means? My late mother died at a nursing home, my estrange brother, who didn't lift a finger to help out when my mother was still alive, and passed penniless, filed a lawsuit against the nursing home, and the attorney he hired is creating an estate account in my late mothers name - in anticipation of an award regarding the lawsuit. Since there are only two sons in the family, I was served with papers requesting I appear at surrogate court to show cause why I disagree to the issuance of limited letter of administration to my estrange brother. But, none of the papers I received, relate what exactly is a limited administration ? and if an award is commenced, is there a law that relates how the award is to be distributed ??
  10. Some have tried a "Restrictive Endorsement" on a check The Restricted Endorsement Normally you add a section of fine print to the back of the check stating "Cashing of this check constitutes your acceptance of my restricted offer. Any and all future claims for this debt are null". You can also add a notation on the front that says "restricted endorsement: cashing constitutes agreement". (Don't send these types of offers to lockboxes because it will never be seen). That is why it is very important to send the offer first then follow up about 20 days later with the payoff. This way, the collection agency or creditor had plenty of time to reply to the offer with a yea or nay. A word of caution Not all states offer acceptance of restrictive endorsements and some collection agencies will cash your check and continue collecting the debt. To avoid this pitfall, be sure to read your state and the creditors state UCC code to see what their rule is on "Negotiable Instruments". If they allow it then you are good to go however if they do not then there is no guarantee it will work. Also be sure to read through terms and disclosures if you are attempting to use one with an original creditor because many of them now add a section in their disclosures that they do not accept reduced payoffs with restricted endorsements and you have no rights to do so. Be careful!
  11. A small article appears on 1010wins news online, regarding complaints of Collection Agencies ... Link: http://www.1010wins.com/NYC-Files-Record-Number-of-Debt-Collector-Complain/3967210
  12. If you are confident about reaching SOL, I would do a FOAD, if it triggers a 1099c down the line, I would deal with it if or when it may be issued...
  13. It's unfortunate that a CA does things like were mentioned here, and you are not the first -or- the last to have something like this occur. Robert is on the money, Close the account immediately, in hopes you beat them to your money, Others here have not only closed the account, but, opened another at a another Bank, since they can try to get at your money again from the same bank, the problem here is your automatic deposit information will have to be changed by your husband to have subsequent auto deposits sent to the newly established bank account. I know, a pain in the butt, but, better to stay safe than sorry, and an eye opener of a learning experience when dealing with CA's. Best Of Luck....
  14. Can you post a copy of the letter from that law firm ? I never saw anything like what you mention, sounds like a new twist from a collection lawyer !!
  15. "Is there a lawyer in the house" is a good place for this one...
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