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beachmonkey's Achievements

CIC Member

CIC Member (4/6)



  1. I filed a dispute with a CRA on an account with Midland Credit. While this was in dispute (a couple days after I filed the dispute actually) they sent me a letter asking for any copies of payments or settlements, police report if fraud, copy of the contract etc. So basically they did not have any of this information and are asking me to provide it as assistance to solve my dispute. At the bottom of the letter it states the typical "Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any information will be used for that purpose". Is this letter considered a collection attempt, and if so, isnt that a violation? My problem is I am purchasing a home, this account is just over 6 years old and I am battling the loan officer to waive paying this account off. They want me to pay it off, and I am trying to make them understand there is no legal grounds for collection, and possibly a violation of law. Any help would be great, thanks!
  2. I could be wrong, but I thought you always had the right to represent yourself in any matter regardless of venue..?? I know most judges frown upon it and highly recommend you have representation...unless you have an excellent understanding of the law and proper procedure, it would probably be best to get an attorney. Just my two cents
  3. Maybe you just need to ask the government to send a portion of the "bailout" money and put it towards your student loans! Everyone else can screw up and get the government to pay it off why not you!
  4. I am curious to one thing with collection agencies. If the goal of contract law is to place the person in the same place they would have been in had there not been a breach, why are the CA's allowed to purchase the debts at pennies on the dollar, tack on astronomical fees and interest and it not get questioned as a form of unjust enrichment?
  5. I was pretty sure the SOL started at first default on payment. They are trying to say service was interupted in December of 2004, yet I switched to Sprint in August 2004. I think they are trying to play the bully game in hopes I will not put up a fight...that would be an inaccurate assumption on their part! I am curious too if anyone else has been along this same road and how it turned out.
  6. It seems Midland is getting rather pushy about a Verizon Wireless debt and is threatening to file the case with the American Arbitration Association. They even included a "pretend" claim which looks like a legal claim but states "In the event that a claim is filed, you will receive further notice and additional information directly from the American Arbitration Association." They included a copy of a Verizon Customer Agreement Terms and Conditions pamphlet (not anything with my signature) and a copy of a bill dated November 28, 2004. They are claiming service terminated on or about Dec 17 2004, yet the bill has a total current chatges of 0.00 which tells me there was no accumulation of service charges because the service was already terminated. I dont remember the exact last date of any payment to Verizon, but doesnt SOL start at last payment? I have sent them a DV and they responded with this. There is nothing bearing my signature, nor anything showing they have a legal right to collect. Only thing was a generic terms of agreement and a bill with my name on it. Any advice on how to handle these guys?
  7. What mailing address did you use for AFNI? Everything I find is a P.O. Box. They are claiming I owe them $82 from a cable bill over four years ago, which is beyond SOL in SC...they will get an earfull from me as soon as I get a good mailing address that they have to sign at!
  8. There should be some form of protection written into the statutes to stop this kind of action. In my opinion, the original creditor should stay on the report...but once it is assigned to a CA, and they fail to verify it should not be a sellable assett because they could not or failed to provide proof to begin with that you owed this debt to them. We should get a petition going with some of the legal minds here making the correct terminology and try to make a change!
  9. Peanut, I know it sounds confusing and difficult at first, but paying the collection will do no benifit unless it is deleted. Even if you pay it, all it does is switch it from "unpaid" to "paid" but still a derogatory account. My advice would be to do all your communication in writting, and do not pay a penny unless they agree in writting to delete the information!
  10. If you do not get a response from a DV within the 30 days, is it necessary to send them the 2nd chance letter or can you write and ask them to immediately remove their information since they did not verify?
  11. Alot of times there will be nothing in writting, but if you are that concerned about the judgement, you could go ask the clerk for a printout! Congratulations on stopping their obvious bullying tactics
  12. Okay after reading it with a fresh mind this morning it seems to make better sense. However the fact the government is coming in to tax this new situation still does not seem right for some reason. Is there going to start being fine print in the contract writting about a default amount being taxable by the IRS?
  13. Has anyone applied for the Juniper Visa Card on the Apple Store web site?
  14. HUH Okay just to make it simple in my mind, after reading all of that it seems the bottom line is that lenders will no longer be taking on any risk??? Because they will either recover a debt or have it back based on the government issuing a 1099 and making the consumer pay it via earned income? Sounds like good ole uncle sam is getting in where he doesnt belong again! Or is it that the lenders are still loosing and basically uncle sam is taking over where the JDB would be except there wont be an option to fight them? Then again, maybe I just took that reading wrong, it is after midnight
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