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Everything posted by VADebtor

  1. Having two credit cards plus one revolving loan seems to give the most improvement. Secured cards definitely worked for me early in the process, and most definitely helped my FICO score. The amount of the credit limit is most important in terms of the utilization reporting, so you may want to pay the card off just before the statement cuts. For the best score you want to have no more than 10% utilization reported, with "more than half the cards" at zero balance. Stay away from the predators. Many credit unions off "credit builder" scenarios. Say you deposit $1,000.00 into a savings account. Take out a three year loan of $1000.00. Now put those loan proceeds into the savings account and use it to get a $1,000.00 secured credit card.
  2. I think I recall that you may be able to provide a copy of your discharge to the clerk of the court where the judgement is filed because as you say, the obligation is discharged.
  3. Not specifically on the SOL question but it seems NV (and I believe many other states) have laws regarding auto repossessions and deficiency judgements. Failure to meet all the strict requirements in NV might block collection of the deficiency. I can't get the link to paste but try searching for "auto repo deficiency Nevada".
  4. Actually a protective order can help force them to produce the discovery. What the protective order will do is bar you from sharing what they produce with anyone, under penalty of contempt of court. So a protective order eliminates the arguments about trade secrets because while you have access to the discovery material for your case, you cannot publish it in any way.
  5. Remember the Charge-off date doesn't affect when the lines fall off, it's the "date of First Delinquency", the date the account first became delinquent and was never paid current again. The line can't report more than "seven years plus six months from DOFD". The really bad thing is that paying the charge off makes it appear more recent. But it will "age" and reduce the score impact. If the CO was in 2012 the DOFD might be five or six years ago.
  6. Using a Bing search for "Clout Financial" I found an article on Ripoff Report from 2008 discussing exactly this situation, but I can't find a way to post in the link. Clout or parts of its portfolio were apparently sold to WebBank then MBNA. MBNA was acquired by BOA. A full acquisition such as BOA acquiring MBNA may not require as much to prove chain of title as a sale of a "portfolio" of debts.
  7. CFPB is also a "cookie cutter" operation. They will forward the complaint for comment. Creditors may be concerned about their complaint volume and other more serious complaints so might ease up. Also in the Amex / Zwicker "cookie cutter" operation, a need to respond to CFPB might break the pattern So what's the downside of filing a CFPB complaint? Is ther anything that can be worse for the OP than where this is headed as a result of filing now with CFPB?
  8. The 7 years plus six months limit on the age of credit reporting is based on the "Date of First Delinquency". The reporting must end seven years plus six months (CRAs may stop reporting earlier around 7 years) from the date the account 1) became delinquent and 2) was never brought current again. That DOFD is based on the Original Creditor (OC) reporting and applies to any subsequent collection lines or lines posted by JDBs. In your letters you may want to say that you don't agree you owe any money but in the interest of clearing the matter ...
  9. Some thoughts on non-disclosure agreements: First, if OP hasn't signed one, there is no obligation not to disclose. Second, a truly mutual non-disclosure, if they comply, would bar them from verifying any credit reporting (the party, in this case Midland, who signs, not the OC) which is a way to make negative tradelines go away. I made a settlement years ago with a bank, including non-disclosure. They verified reporting, I called the manager of the litigation, and the next day all their tradelines were gone. You can't ask for false reporting (report paid as agreed if not), and pay-for-deletes are iffy. But a good non-disclosure can bar verification. General thoughts: Agreeing that the OP owed the debt in the face of sworn testimony otherwise invites a perjury charge. Since the case was dismissed "with prejudice" there is no benefit to the OP from signing of agreement. It's important to get an actual certified copy of the dismissal showing "with prejudice" and save it in case the debt is sold again and some other JDB tries to collect. I personally wouldn't waste time or energy on the agreement. I might simply write back stating there is no reason to sign the agreement because the case has been dismissed with predjudice.
  10. Texas HOAs are all powerful. You need to either find a way to hire an attorney (there may be little an attorney can do though), or to pay what they are asking, or they WILL successfully foreclose. the HOA is probably ahead of your mortgage in the chain of title so if they foreclose it will cause all manner of havoc with your mortgage.
  11. This is, IMHO, one of the holes in the FCRA. Account Management is a permissible purpose for a SOFT pull, not a hard pull. Hard pulls are allowed only when the consumer makes a request for credit, or an increase in credit. I submit that a JDB who claims to have "stepped into the shoes" of an OC has only the right to Account Management pulls. I don't know if that argument gets you anything but that's my take.
  12. Citibank services the Home Depot credit card, that's why they are listed as the OC, and they then sold it to Midland who are suing you. Did you file a police report when you discovered the fraudulent activities? If you are absolutely certain the charges were fraudulent you may still be able to file a police report - but remember making a false statement on a police report is criminal. That's why police reports are given substantial weight, and often required to clear ID Theft reporting lines. Unfortunately the fact that you disputed the HD line with the CRAs and it was removed may not prove anything - Citibank makes a lot of mistakes, they may just not have validated the debt. It's also possible their fraud dept. accepted your claim but a different department went ahead and sold the balance. In discovery this may be something to request - "all records related to the CRA complaint and tradeline removal for fraud on or about <date>". I believe the FTC also had an "affidavit of fraud" form which you could execute in front of a notary under penalty of perjury. If you had already done either of these, you would have very strong evidence for your defense. Doing them after you were sued is less convincing but still might be worth it.
  13. I used a BK specialist attorney (he does only BK and suing creditors for violations of BK law but I don't consider him a "mill"). I was well over median, but perhaps the biggest advantage my attorney had was his knowledge of the way the court I was filing in handled certain things. I wouldn't attempt a BK pro-se. Nolo is a good start, do your research and know the right questions and issues to bring up. But use an attorney who specializes in your court, especially if you are trying to pass the means test for a BK7.
  14. He's saying he is not a Party to the litigation. The parties are the plaintiff and you, he is the attorney representing the plaintiff. So if you had a friend, relative, or neighbor sign a POS for you they could say they aren't a party. I believe service generally needs to be made or attested to (when you mail things) by someone not a party to the lawsuit.
  15. CapitalOne seems to rarely sell their debt to JDBs and is likely to sue relatively quickly as the OC, which can be hard to defeat. They assigned the account for collection to a CA, you sent a DV with C&D. The CA is bound by the FDCPA and can't do any more to collect because of the C&D so returned the debt to CapOne. CapOne may assign it to another CA, or you may have "poked the bear" and accelerated the filing of a lawsuit.
  16. Check the beneficiary of the life insurance. If you are the beneficiary then your late husband's creditors have no claim to it. The insurance proceeds go directly to the beneficiary and are not part of the estate.
  17. The real problem here is that they have a judgement. Unless your state laws allow you to vacate the judgement (for example if you were never properly served) they can seek to recover from any of your assets that aren't exempt, and depending on state laws, may be able to garnish your wages through your employer. While the document you posted relates specifically to Chase Bank, if they locate other accounts belonging to you they can file similar orders against those accounts. They may also be able to get you summoned to a "debtors exam" or "disclosure hearing" where they can force you to discuss all your assets under oath.
  18. I looked at Linda's post. I wonder what would happen if pro se defendants started listing her or one of the other bankers she mentions as potential witnesses...
  19. I question whether any lender uses the Vantage Score for credit decisions. They may use it to target offers but even that is doubtful.
  20. Look at the article in yestersay's Wall Street Journal about large class action awards for the behavior you cite. A consumer attorney may very well take your case on a contngency basis. Did you ever send a C&D letter to TCM?
  21. I agree, you can't let this go. But the 1099-C is inaccurate since the debt was discharged in 1999. That discharge required them to send the 1099-C then. I would write this all in a letter to the IRS with a 2011 982 asking why this isn't an inaccurate 1099-Ct and why Capital One isn't sanctioned for filing same.. But I would also file complaints with the CFPB, the Comptroller of Currency and your state Attorney General for filing a false report with the IRS.
  22. I can almost guarantee that the CC company will side with the airline. I understand that it seems like extortion (this is why I fly Southwest whenever possible - no surprise fees), but the airl;ine will tell the CCC you agreed to the fee, paid it, and used their services.
  23. Anyone who won't provide written information is a scam. Tell them that. Then ask if the person you are speaking with is an attorney. If they say yes, ask what state they are licensed in and for their bar license number and state. If they say no ask for the name of the attorney supervising them and his/her bar license number and state. If the attorney is not licensed in your state, this group won't sue you. Suit has to be entered by an attorney licensed in the state where you reside.
  24. The fact they dismiss with prejudice just means they cannot refile. It doesn't mean any admission on their part that they did anything wrong. If they dismiss without prejudice they can turn around and sue you again. That's why folks on this board recommend you try for dismissal with prejudice.
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