kabbalah

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About kabbalah

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  1. Sept 2012 I think As I am writing this debt validation letter, there are a number of scripts in Microsoft word that look handwritten. These are a bit more difficult to read. Is there any advantage to using a more difficult script for them to read as maybe they will put it aside and not answer within 30 days?
  2. Thank you. I assume that they bought it as they wrote in their letter that they purchased acct no 12345 on .... Any advice on fighting them or what % of debt they would take to settle? I'm also wondering if they decide to sue at some point, can I invoke arbitration on the acct? I am assuming that there was an arbitration paragraph in the original contract but I'm not sure. I know that there is with Amex. Last question, on the statue of limitations for suing which is 4 years here, when does the time clock start. Sorry for so many questions. I do appreciate the answers & efforts. Dwindling down to my last batch of CC debt with no more to follow ever again
  3. I received a demand from Portfolio Recovery for a Capital one acct that they purchased. I guess that makes them JDB in this case. Question is, am I ok with the following simple validation letter or do I need to add more because they are a JDB. My Name My Address Date JDB address via certified mail return receipt requested Re; Verification request 15-USC 1692c© Dear JDB, Theis letter will also serve as notice pursuant to 15 U.S.C. 1692(g) that I do dispute the amount and validity of the alleged debt you seek to collect and do request that you provide written verification of the alleged debt Sincerely, me
  4. Question. My son had some dental work about a year ago and we were quoted a number for the services, insurance picking up the rest. We paid upfront what we were told the cost was. A while later, we received a bill for almost double what we were originally quoted asking for the balance. Fast forward, I tried to work this out with the dentists office to no avail. They sent me a letter about a month ago stating the section of the IRS tax code regarding discharged debt, and that they were going t report it to the IRS as a 1099 MISC income. Then they said they were going to turn it over to a collection agency for non payment. I received a verification letter today from the CA. Question is, what do I do? Do I dispute the debt and tell them that I have received a letter from OC showing they said they will filie a 1099 and that the debt was discharged? Do I threaten to sue them for a non existant debt based upon the OC letter? Any advise would be appreciated. My son had just turned 18 at the time this happened and they made him sign the forms so I would really hate to get his credit ruined from this deceiving dentist. The debt discharge income is of no consequence as he is a full time student with no income. I have attached a copy of the meat of the letter. Thanks in advance dentist.pdf
  5. This is what I was told by an expert in credit repair. "At this point, you will need to be a little more forceful with your actions. You will have to write a stronger letter to Transunion explaining that you send a copy of the certified card and the letter to the creditor that received NO RESPONSE as required by Federal law. You also need to explain Transunion's duties to IMMEDIATELY REMOVE the account from your credit report and FAILURE TO DO SO will result in the following: (1) complaint to the FTC, (2) complaint to the attorney general in GA, and (3) a small claim's lawsuit in the amount of $5,000 against Transunion for the amount in damages that this account is causing you on your credit report that Transunion refuses to remove because of their unwillingness to conform to the law. You will also ask them for a PHYSICAL ADDRESS in which they can be served the lawsuit against them." Are they incorrect as to the law?
  6. I have a question & I apologize in advance if it has already been addressed but I can't find it. I disputed information on my credit report TO THE CREDITOR as being inaccurate by certified mail return receipt requested. My understanding is that they have 30 days to answer my dispute. The 30 days came and passed with no answer. I sent copies of the letter, mail receipts etc to the CREDIT BUREAU. The Credit bureau answered me saying that they did an investigation and that there was updated information on my credit report. Nothing really changed. I was under the impression that Federal law stated that if the Creditor does not answer within the 30 day period, that the Credit bureau must remove the information. Am I wrong on this point? Thanks
  7. Is this a guess or are you using that figure based on some factors that you are aware of? Would you make that offer based on the principal amt of $4500 or the $5700 with the interest & fees. I'd find the cash to settle for that amount. Thanks
  8. I need some advice. I'm at 120 days past due. Just going into what they call pre-legal. I would like to make a settlement with them Balance $4500 principal, or $5700 with their fees and interest. Those are their numbers. What is a reasonable settelement amount, do I need to drag this on with them or will they take a settlement offer before the s hits the fan? Will they take a 3 pay settlement? Personally, I don't want to get into the lawsuit battle with them. Thanks in advance
  9. Here is what happened. I refused to sign their consent order. The original settlement was at 45% over 2 years. I was using a debt settler guy (who I am now having somewhat of an issue with which I will post at a later date). They came back and offered me 35% in 3 pmts over 2 months. I agreed and they faxed me a copy of a new consent order, basically the same thing as the previous but with a 7 day cure period. They cashed my 1st check. I never received the consent agreement in the mail as the fax said so I never signed it. I intend to pay them so its not a problem one way or the other. Here is what I think happened. After I refused to sign the consent for the 1st settlement offer, I hinted to them that I was going to submit a motion to dismiss and ask for arbitration as is in the contract. I think this spooked them into making the new offer which I thought was pretty decent, although nowhere as good as my settlement with BofA. The debt negotiator guy doesnt believe it was the arbitration clause that spooked them. He tells me that the Feds have outlawed arbitration now. I told him he was wrong. Just FYI in the course of this negotiation, I received a letter in the mail from their local Zwicker office thanking me for my responses to the interrogatories etc and wanting to talk about a settlement. The actual settlement was worked out with the main office in Mass. I guess my point is if you defend against their lawsuit and take appropriate steps etc, following the guidance of the very helpful people on this site, you can negotiate a settlement with them which may beat going to court for many.
  10. I have a couple of questions i need clarification on. 1) Are you saying that I can't ask for a motion to dismiss now that I was offered a settlement and agreed to it? It is possible that the Georgia Superior Court rules of civil procedure don't allow that kind of motion while discovery is on, as I have already answered the suit. I don't know the answer to that one. 2)If for argument sake the total amount of the lawsuit is $20k. The settlement offer is $10k over say 12 months. If I have to sign the "consent order", shouldn't I only be signing it for $10k and not $20k? I know that they want everything that they can get but if I settle for an amount before trial, why shouldn't the consent order be for the amount agreed upon. 3) If they do not agree to any of this which they probably won't as they are pretty nasty, since there is an arbitration clause in this CC agreement, can I and should I file a motion to dismiss based upon the arbitration clause in the agreement? The original CC agreement goes back 20 years. Do you think if I spring this on them before filing that they will bend? 4 Should I still bother sending a 1st check to them based on the agreement with some verbiage on there saying this is the 1st of 12 checks as per agreement blah blah blah? 5) If I enact the arbitration clause, which is the best form for that(AAA, JAMs etc), and would their letter offer to me be good ammunition to use as evidence for a settlement agreement Thanks to everyone
  11. My case is still in discovery stage. I was offered a settlement in writing. I agreed. Now they want me to sign a consent before they drop the lawsuit. Do I have to sign a consent in order for them to drop it? Can I motion the court for dismissal based on the settlement offer & acceptance? What maneuvers do I have left here before signing away. The offer is at 50% over time, but the consent says if I default they can hit me with a judgement for the whole enchilada. My whole case is posted on the "Reached settlement...still trying to avoid judgment" and "Settlement-how to avoid stipulated judgement" threads. I need to respond by Thursday either with a motion or a signature. All advice is welcomed. Thanks
  12. I have a similar situation which I asked about on the "Settlement-How To Avoid Stipulated Judgement" thread. Here is my question to everyone. Zwicker sent me the letter/offer of a settlement. I have agreed but asked them to drop the lawsuit which is in discovery phase. They want me to sign the consent letter which I won't based on the verbage of the letter. The question is can I motion the court to dismiss the case including the letter as evidence that they have agreed to a settlement? The letter says nothing of a consent decree needing to be signed. How best should I do this (what motions etc), and should I make the check payable to zwicker & send it to them, as I don't think they will cash it without me signing the consent order. Should I include a copy of the check to the court as evidence? Can I make a check out to the court? Here is the letter they faxed me Sorry I don't have a PDF editor so I had to copy & paste as best as I can. Here is the first part, sent yesterday offering a settlement. These is no mention of a consent or stipulation in this. This letter will confirm that our client Amex has agreed to accept $xxxx as settlement in full of the above referenced acct. This settlement is conditional upon receipt by this office of a check in the amount of $xxxx on or before the 28th of the month oe each consecutive month beginning January 2011 until december 2012. Amex has requested that we advise you of the following: By accepting this amount Amex releases Mr Nice Guy from further liability on this acct only. No attempts will be made to collect the remaining balance. However it should be noted that the acct will continue to reflect the remaining balance which would need to be paid before Amex processes any future applications that you may choose to submit for Amex accts or that an employer may submit on your behalf for an Amex corporate card. Notewithstanding the foregoing future applications may still be declined based on the credit criteria in place at the time the application is submitted. Upon timely receipt of said payment and successful negotiation thereof, this office shall advise our client that the account is settled in full. Thereafter in due course our client will notify the appropriate credit reporting agencies of the accounts settled status. If the payment of the settlement account is not received on or before the date stated above, acceptance of this settlement offer is withdrawn. If there are any questions or concerns please contact ... thanks everyone
  13. I don't want to sign their consent order that does not have a cure period in it. Does anybody know if there is some kind of motion or petition that I can file with the court along with my first check asking the court to enforce or agree to the settlement offer (I will file the settlement offer along with it). Is there a list of motions somewhere for Georgia Superior Court that I can look at? Can I ask the court to dismiss the case based upon their offer and my acceptance and post a check with the court? If I can't get them to modify this, is this settlement offer good ammunition to use at arbitration if they offered it and I accepted it if I can get the case dismissed by invoking the arbitration clause. Clock is ticking. I need to finalize this by the EOM. Thanks
  14. Sorry I don't have a PDF editor so I had to copy & paste as best as I can. Here is the first part, sent yesterday offering a settlement. These is no mention of a consent or stipulation in this. This letter will confirm that our client Amex has agreed to accept $xxxx as settlement in full of the above referenced acct. This settlement is conditional upon receipt by this office of a check in the amount of $xxxx on or before the 28th of the month oe each consecutive month beginning January 2011 until december 2012. Amex has requested that we advise you of the following: By accepting this amount Amex releases Mr Nice Guy from further liability on this acct only. No attempts will be made to collect the remaining balance. However it should be noted that the acct will continue to reflect the remaining balance which would need to be paid before Amex processes any future applications that you may choose to submit for Amex accts or that an employer may submit on your behalf for an Amex corporate card. Notewithstanding the foregoing future applications may still be declined based on the credit criteria in place at the time the application is submitted. Upon timely receipt of said payment and successful negotiation thereof, this office shall advise our client that the account is settled in full. Thereafter in due course our client will notify the appropriate credit reporting agencies of the accounts settled status. If the payment of the settlement account is not received on or before the date stated above, acceptance of this settlement offer is withdrawn. If there are any questions or concerns please contact ... They called me today and said that I would need to sign certain docs. Here is what they faxed to me ---- ZWICKER & ASSOCIATES vs. Civil Case No: IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA AMERJCAN EXPRESS CENTURION ) BANK, ) ) ) ) ) ) ) Mr Nice Guy ) Defendant ) ------------------------~ Plaintiff, CONSENT ORDER Come now the parties, who consent the following be made an order of the Court: 1. Defendant in the above styled case waives service of process, sub its to the jurisdiction of this court, and dismisses any Counterclaims with prejudice. 2. Defendant admits to owing plaintiff the principal sum prayed for i its Complaint in the amount of $xxxxx plus interest in the amount of $0, and court costs in the amount of $xxxxx, less credits made in the amount of $0 for a total balance due and wing of $xxxxxx. 3. Plaintiff shall not undertake to collect said amount by garnishment execution or otherwise so long as Defendant pays a total settlement amount of $xxxxxx on the following terms: $xxxx per month for 24 months beginning on 1/28/11 and payable or before the 28th of each month until the agreed upon settlement is paid in full. 4. All payments shall be made payable to the above-named Plaintiff d mailed to the office of Zwicker & Associates, P. c., 80 Minuteman Road, Andover, MA 0181 5. Upon completion of all payments by Defendant, and processi g of payments by the Plaintiff's counsel's corporate office. the Plaintiff will dismiss the Complaint with prejudice. 6. In the event that the Defendant fails to make any payment in a timely manner and thereby defaults, Defendant hereby consents to the entry of a judgment in favor of the Plaintiff instanter and without notice to the Defendant, in the amount of $xxxxx less credit for payments made prior to default, plus court costs and post-judgment interest at the legal rate. 7. Counsel for Plaintiff will submit an affidavit of default to the Clerk of Court showing the amounts remaining unpaid, following which the Court will enter a fina1 judgment in such amount, instanter. Dated this day of January, 2011. ZWICKER & ASSOCIATES, P. C. ATTORNEYS AT LAW BY: Defendant's Attorney name & Bar # Defendant's Attorney address Defendant' 5 Attorney phone IT IS SO ORDERED this __ day of -',20_. Judge State Court of Fulton County I'm open to any suggestion as to how to get around this. Is there some motion that I can make to the court to compel them to settle and can I post the money(at least the 1st pmt) with the court as I don't think that they will cash my check if I don't sign.
  15. I just rec'd by fax their"consent order" that they want me to sign. There is no way that will happen. I would consider signing something admitting to the settlement amount which is half, but not to what they want. Incidentally, the offer that they first sent yesterday had no conditions of signing a consent or stipulation. I will post these shortly for comments as soon as I can scan them. In the meantime, please share with me your sample stipulation. Much appreciated