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Everything posted by Rick9972

  1. If they are trying to collect or bought an existing debt of yours, they can access your credit report.
  2. LOL nothing surprises me on those cards. This was actually seen on my bank card. Went looking and found the same thing on my daughters Credit Union card.
  3. Was reading some of the fine print on a couple of cards this weekend and saw this. "If a requested CLI is approved, the account will be charged a fee of 50 percent of the approved increase." This may not be new but I have never noticed it before.
  4. Have never liked Target. Have seen or heard of no reason to change my mind. Plus they have really weird commercials.
  5. "Less Available Credit and Closing Accounts will Hurt More. Before FICO 08, if a consumer had a history of using most of his or her available credit, it had a negative impact on their score; now that impact will be even larger. Also, having too few open accounts, a number of inactive accounts or closing accounts will have a more significant negative impact." How interesting and convenient for the banking industry. Just when the banking industry is closing accounts and reducing CL's across the board, the new scoring system suddenly counts that even more against the custumer than previously. This ensures most people have a lower score and can be charged more by the banks for any lending.
  6. Now for the rest of the story: Called AMEX and asked what was going on. According to AMEX that back in the early eighties DW was not a AU, but a card holder on her parents account. And according to AMEX, even thou she was removed from the account in the late eighties, (and they did remove her). The fact that her parents filed BK in the mid-ninties meant that the entire account reverted to her and is now her responsiblity. Futhermore, even thou is has been over 20 years the SOL was tolled because she has been hiding from them, as evidenced from the fact she changed her name and did not notify them of this change. I laughed at the girl and told them we would see them in court, if they really wanted to play.
  7. Here are some questions I have, they may be simple but I cannot seem to find an answer. So thanks in advance. 1. Last 3 months DW and I have lost 30 percent of our household income, due to the economy. 2. We have 2 houses that we owe more than they are worth on each of them. One we purchased 8 months ago on a VA loan. 3. We have one paid for vehicle that my daughter drives, and we owe alot on the other vehicle. Bought it 6 months ago. My questions are: Can we keep one of the houses? Can we keep the paid for vehicle? What must we do to keep one of the houses? We are not behind on any payments. We both have sizable 401k accounts, would they be safe? Thanks
  8. Basically the bottom line is that they feel compelled to give a reason for denial. Normally they are not compelled to actually give a honest reason.
  9. A new collection account shows up on my CR. It is not mine and I instantly dispute. I lose 49 pts when this account shows up. The account is removed within 2 weeks and I only get 23 pts back. Go ahead and try to tell me this is not a racket.
  10. AMEX is doing a soft pull "Account Review" on DW's credit report for each of the last three months. DW has never had an AMEX card nor applied for one. The only relationship she had ever had with AMEX is in the eighties when she was a AU on her parents card while she was in college. That ended when we got married. What would be the PP?
  11. This is just a small rant and rave, and while I agree with the popular sentiment that if you do not like the terms, do not use the card. I still feel that some of the current practices are wrong. 1. A contract that one party can change at any time for any reason is not a legal contract. Most states have laws that govern contracts and have specific verbage that a contract that is unfair towards one side is not enforcable. 2. Competition is a wonderful thing. Companies that are fighting for business, generally take care of their customers. Now the number of companies actually providing cards is limited. The old threat of taking your business elsewhere is no longer possible. 3. The latest example of truly unfair practice. One transfers a balance to a low rate card. Once the transfer is complete, you are notified that your contract is being changed and there is now a "credit" fee being added to your account each month. This fee cannot be paid and is added to the end of the transfer balance to be charged interest on until the balance transfer is paid. When the rules constantly change to the benefit of the banks, how is anyone supposed to be a "responsible" customer?
  12. In Piccini v. Wells Fargo Auto Finance, D.Ariz. 2/9/09 it was successfully agrued that binding arbitration agreements applies to FCRA suits and torts. Thus when they break the law, they are to be judged by the person they pick, that they pay, and that person is fully aware that they are graded on the number of "correct" awards they make.
  13. DW had 3 GE cards with a CL total of 10,000. Had a balance of $3600. Without any letter or notice the CL's were decreased to $6000 the first of the year. Last week she received letters stating that due to high utilization on her cards they were decreasing her CL's to a total of $4000. Was never late on these or any other account, they just did it.
  14. DW's Dillards Card was decreased a little over a month ago and we still have not received a notice. Decrease was small, $300 off a 8000 CL but still it would be nice to know. LOL
  15. The one issue all of us Pro Se's get caught up in is case law. It is safe to say that 99% of the time you show me case law supporting a position, I can find an equal amount of case law supporting the exact opposite position. Case law for federal court can generally be ranked in the following manner: 1. Supreme Court rulings 2. Local Appeals Court 3. Local District Court 4. Other Appeals Court Rulings 5. Other District court rulings in your local Appeals Court region 6. Other District courts 7. Local State court rulings 8. Other State court rulings Generally speaking the further down the chart you go, the weaker your case is, and the greater the odds your judge will come up with his own idea. The point this rambling is trying to make is, Read all the case law you can find. Read the FDCPA and FCRA at least 5 times and follow the instructions percisely. Then review your case and fix any areas that might be grey.
  16. A JDB has come up with the information Three times on me. Once for one of my bills and twice on the DW. Fortunately for me,the bills in question were small and I enough FDCPA/FCRA violations not too make it worth their effort. On two of the cases, we settled out of court and the bill was paid, removed from CR, they paid my filing fees, and I got some extra money. So yes, JDB's seem to be making an effort to actually get the documentation now. The two accounts in question were over 6 years old.
  17. Recent court case that may help you establish that affidavit signed by JDB really means nothing: CACH LLC v. Cummings NEW YORK COUNTY Creditors' and Debtors' Rights December 09, 2008 Judge Bluth http://www.nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=106188 PLAINTIFF MOVED for summary judgment alleging it was an assignee of a debt defendant owed to Chase Bank. Defendant argued an affidavit, submitted by plaintiff was insufficient as it was notarized in Maryland, but did not contain a certificate of conformity. Also, the affidavit was substantively insufficient as the affiant, Burgener, merely stated she was authorized to make the affidavit on behalf of Chase. The court agreed, noting it "simply was not good enough," stating it did not know Burgener's relationship to Chase, or how she knew the facts to which she was swearing. It noted that from the statement submitted it had no indication the information was at all reliable, even if Burgener believed it was. The court stated in order to grant summary judgment based on the proof presented, it would have to speculate as plaintiff failed to sustain its burden of making a prima facie showing of entitlement to judgment through admissible evidence. As such, it denied the motion.
  18. Have had a Home Depot Card for 5 years with a 3k CL. I currently owe about 1100 on it. Went there to buy a new tree for the wife and some lights today. At the checkout line, my card was refused. The Cashier said that my account had to be reviewed for credit approval and possible CL decrease. It would only take a minute. About 2 minutes later my card was reapproved and I got out of there.
  19. Does anyone have a recon number for Junipar Seamiles? Thanks
  20. In August 07, when I started our credit repair journey the DW had a Palasades/Verizon account on her CR. It was not hers, and being new I actually called Palasades. They agreed it was not hers and removed it from TU and Exp. I disputed with EQ and it was removed. Fast forward to this Friday and the account suddenly reappears on all 3 CR's. It now contains in the comment line "Dispute resolved. Consumer disagrees." Any imput on what I can do here? Any recourse due to reinsertion? Thanks
  21. How weird!!! I check my DW's Dillards account and they have just given her a $250 CLI.
  22. Did we gain any consumer adovates in the new Congress?
  23. Just to clarify here. The bank is not saying that the payment was over thirty days late. They are saying that because they did not receive the payoff until the 15th they charged additional interest from the 6th to the 15th. (I have no problem with the bank over this. Do have a problem with the dealer taking so long to send in the payment, but this is seperate matter.) The Bank stated that the additional interest was paid out of the payoff amount, leaving a principal balance of 50.00. (I have no problem with this, and sent the additional money.) The BAnk is saying that the payoff check does not count as a payment and that even thou I did not owe the extra fifty dollars until the 15th of October, I was expected to have paid it the 15th of September. Thus lets say I had made the 15 Sept. payment. The payout would have been smaller, but they would have still charged me for the interest from the 6th of October to the 15th of October leaving me with the same 50.00 due on the 15th of September.
  24. A quick summary: Auto loan payment due on 9/15/08. Did not pay this bill as we were trading vehicle in. Used payment as down payment. Traded in vehicle on 9/18/08 on new vehicle. Bank provide payoff quote to dealer good thru 10/6/08 Bank claims to have received payoff from dealer on 10/15/08 Bank added 50.00 to amount for interest from 10/6/08 to 10/15/08 Bank sent me bill for this 50.00 on 10/17/08. Received bill on 10/21/08. I pay 50.00 bill on 10/27/08. Today I get alert from Truecredit that bank has placed a 30 day late on my CR. Bank claims that the payoff check does not count as coming from me, thus is not a payment and that the 50.00 in extra interest should have been paid on 9/15/08. Is this legal or right?
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