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Everything posted by Magdalen77

  1. I don't know if they have to, but their largest creditor is from a card my SIL got through the CU for her old job. Currently and since shortly after they got child number two five years ago my SIL isn't employed outside the home. The childcare for two kids was too much, she'd essentially be working to pay the childcare. And quite frankly my brother has a physical job, watching one child all day while his wife was at work and then going in for his night shift was one thing, watching two was too much.
  2. He's considerably below the median income for his county and far, far below the median income where I live (suburbs of Philly). They were going to use the county assessment because that was recently done. I don't know if that's a good idea because there have been complaints about the assessments being too high in certain areas of the county. Though I don't think where my brother lives is one of them.
  3. Yeah, that's what their lawyer said. I guess if they have too much equity they need to do chapter 13. I'm kind of hoping they don't have to. It will end up being a very looonnnggg payment plan since my brother is trying to support himself, his wife and two kids on about 24K/year. This is upstate, but it's still not a great salary even there.
  4. I might suggest that my brother tell that to the next debt collector that calls him. I know my SIL wouldn't have the nerve. These people have her totally rattled with their threats to garnish wages and take away their house. I keep telling her that credit cards can't garnish wages in PA and they can't take her house. The credit cards are unsecured debt, they didn't use the house as security to get them. Right now they have to get the house assessed to make sure that it's not worth lots more than they paid for it. They only purchased the house about 5 years ago so they don't have a lot of equity, but their lawyer is saying that they have to make sure it's not worth too much. I'd think that since house prices have been decreasing it's unlikely that the house is worth a lot more than 5 years ago.
  5. I thought so. I told my brother to tell his wife that debt collectors are professional liars.
  6. Hi, guys, long time no see. My question is this. My younger brother and his wife are filing chapter 7. They've already had the credit counseling and they make so little and their debts are so large that's there's no other choice. My SIL has recently made the mistake of answering the phone and telling a creditor that they're filing bankruptcy. I know these debt collectors hear that 1000 times/day, so I doubt he believed her. But his response was, "If you don't pay $180-something by noon two days from now, the debt will be listed as an unpaid charge-off and cannot be included in your bankruptcy". This sounded like utter bullcrap to me and I told my brother so. I also told him to ask his attorney. In any case I'd like confirmation from the forum. What say you?
  7. I still have a repo on two of my CRs, TU and, of course, EX. The repo is kind of old from 2004-2005. But I was able to get a 8.25% on a late model used car this past March. I got it from one of my local credit unions. But really it was the used car dealer that got it for me. They started out at around 12%, went down to 10% when I said that was too much and finally went down to 8.25%. This took a couple of days. I guess the dealer was desperate. They were only looking at TU and EX, not EQ which is and continues to be my best score.
  8. I was wondering about that. Back in March when I went to get a car (at a place where they work with people with crappy credit). They pulled my score and told me that my score was too good for them. They referred me to their regular dealership. At that point in time my TU score was around 690 and they (the CU) were jumping all over themselves to give me a loan. I guess the difference was that I had car loans on my CR.
  9. Ah, I wish I saw this sooner. But my only advice would be to stop studying and thinking and try to relax. My l'il sis took the PA and NJ bars together just like you did. She did better on the NJ bar (which is allegedly more difficult) due to the fact that she was tired by the time she got to it (and less nervous I suspect). I'm sure you'll pass both with flying colors.
  10. Most likely because you got default judgments. In some states judges are very unsympathetic towards payday lenders because the interest rates grossly exceed state maximums. Actually, they grossly exceed what Mafia loan sharks charge too. I know in PA the payday lenders don't even bother trying to get judgments because they've lost pretty spectacularly.
  11. My brother is getting in trouble with his CCs. Due mostly to him being sick and unable to work for several months. He has been making the payments, but even with just making the minimum payments he's paying out $1,000/month (which is a large part of his take home pay). He has a wife and two kids that he's the sole support of. In any case he's been talking to these debt consolidation characters. They go by the name of "The Debt Answer" and they are run by these lawyers in Miami, FL. I suspect they probably are debt collectors. I told my brother to beware and to check with various Attorneys General including our own. I know that both NY and NJ have gone after unscrupulous debt consolidators who basically took the $$$ and didn't pay the creditors. I've warned him to be cautious and that he could negotiate with his creditors himself, but he seems determined to do this. Please help me to find out if these people are on the up and up?
  12. IDK if Experian has lost some of it's credibility but I was able to persuade the CU to ignore my EX score for my used car loan which decreased the interest rate 2%. I told them that EX has incorrect information they refuse to remove. It helped that I've written explanations for the things I disagree with EX about on the report.
  13. Okay, this was bothering so I quickly looked the right of setoff up. It appears from this definition http://www.businessdictionary.com/definition/setoff.html it's the right of a bank to use money you have in one account to satisfy loans or credit cards you have with that bank. I don't really have time to look up more now as I'm at work and I can't access money/banking information (or this forum for that matter) after 1:30 PM.
  14. They have that right really?? Is this just BOA? Because my bank did get back the money when a creditor took it without permission. Granted I did have to go to the fraud department, when I went to a regular person at my local branch she was all like, "Well, you owe them money, don't you?"
  15. Yeah, I've learned. Part of the reason I wasn't doing that is there's too much of a temptation to leave the hotel bill on the credit card. I'm trying to decrease my balances not increase 'em. I'll just have to hold the reservation with a credit card and then pay it with my debit card.
  16. So, they need you to NOT send in the affidavit to get the repo title? I'm sorry, I'm not familiar with this. But, in that case, if you've filed the affidavit disputing the repo and they can't issue the title then, then it sounds like you have a good argument that they cannot and should not list the account as a repo on your credit reports.
  17. I've run into that problem with hotel authorizations just recently. In both cases for me it seemed to be the hotel and not the bank. For an example, when I checked in, the hotel authorized $500 out of my account enough though the actual bill would be considerably less. I was okay with that because I was kind of expecting it. But after I checked out and paid the bill on Friday and the money for the bill was immediately debited they held on to that $500 authorization for another 4 days until Tuesday. I talked to both the hotel and the bank, the bank claimed that the hotel was holding it, nothing they could do. I called the hotel and they apologized, but said it was how their system works. The money is released the next business day and doesn't post until the day after. Argh!!! Well, now I know better. Fortunately, nothing bounced though I did end up with a "insufficient funds" fee due to an ACH.
  18. This is only my thought on the matter, so take it with a grain of salt. But I would think that they could list the repo on your credit reports, but if there is a dispute they need to note that it's under dispute. If your state law requires them to send this affidavit to you before they issue a repo title then you may have more luck disputing this under your state law than under the UCC. BTW, from my other post, don't let the fact that they'll probably use, "the routine course of business" justification keep you from using "I did not receive proper notice" as one of your defenses. They may say that and the judge may buy it (and generally would because if this is part of their normal business it's a good argument to say that your notices were treated the same as all the others). As with any defense, it's what the judge believes that matters and sometimes you get lucky, so throw in all the possible defenses you can think it.
  19. Contact the fraud department of your bank and tell them you did not authorize this withdrawal. They can get back money from people for up to 46 days after the withdrawal. At least that was the case with my bank. If the bank gives you stuff report them to your state banking regulator.
  20. I think that's a tricky matter. If a business claims to have a normal procedure for mailing out such notices and they have someone to attest to the fact that this is how all these things are handled then they don't necessarily have to prove that they mailed it out or you received it. There's a supposition that the mail will be delivered to you within a certain amount of time.
  21. Fortunately this bank is pretty good about not bouncing checks or ACHs when that happens. They do love to stick you with those "insufficient funds" fees or "paid item" fees. I really should have known better and not scheduled the ACH until after I came back from training. It wasn't due until about 4 or 5 days later than my payment date.
  22. I've found the AG of IL and the AG of PA helpful in getting JDBs to back off and in getting the CRA at least to respond. The AG of DE wasn't very helpful with those clowns at Applied Card, but that's going to drop off my CR soon and I've just let it ride.
  23. If your Toyota account is due to drop off in 2013 then that means the repo was done in 2006. You are still within the SOL. I wouldn't touch them with a ten foot pole right now. Remember the 4 year SOL isn't from either the last time you paid on the loan or the date the car was repo'ed, it's from when the car was sold and the deficiency balance was calculated. I ran into that problem. I last paid in May 2004, the car wasn't repo'ed until September or October (it was a crazy time so I don't exactly recall) and it wasn't sold until January 2005. So I was thinking it was out of SOL in May 2008, not so, it wasn't out until January 2009. Thankfully no one else realized this including the JDB who came sniffing around in July 2008.
  24. Back in the day (about 8 or 9 years ago) I defaulted on a bunch of payday loans. I don't feel any particular guilt about them because before I did I renewed them a bunch of times, so the companies got the original amounts back plus plus. I suspected they had no way of enforcing their 667%-1010% interest rate loans in PA because other than draining my checking account once by hitting it multiple times in one day (which I got back because I didn't give them permission to do so) they never called. I did call and tried to get on a payment plan with a couple of them (after changing my checking account), but they wanted the full amounts which I didn't have.
  25. Yeah, PA sucks that way. It's a pain to find laws or regulations on line. As far as I know it's 4 years across the board. The sites that say 6 years for written contracts or whatever are out of date. One good thing is that there's no wage garnishment in PA for anything but taxes and child support. Though they can still freeze checking accounts. Don't get paranoid that's after they get a judgment.
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