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Everything posted by diamonddan73

  1. I can't remember to tell you the truth. I was betting on the fact that they had no records and I won the bet. Prove it or remove it!!!!!!!!!
  2. The address I used was First Premier Bank 601 S Minnesota Ave Sioux Falls, SD 57104 They were pretty easy to get rid of looking back.
  3. I don't remember seeing anything before the CO was posted. They haven't sent anything since. The CO was posted 6 months ago do the 30 days has long passed.
  4. I have a recent Charge Off reporting on all thre CRA's. It is from a checking account that was overdrafted late last year. By the time I had the funds to bring the account current it was too late, they reported the account as a CO. The only reason I know about it is I am a daily puller.They haven't sent anything yet asking me to pay the account. I tried to work out a PFD and they won't budge. I went to the VP of collecitons and explained my situation. He didn't care. He keeps saying you owe the money pay it. I keep telling him I'll pay it if your remove the CO. They have done PFD's before so why not this time? The only saving grace I can think of is the fact that they never sent me any type of notice that they were going to report the CO'ed account to the CRA's. I was under the impression that they needed to send me some sort of notification that they are going to report it either 30 days before or 30 days after per the FCRA 623(a)(7)(A)(i): In general.If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. ( (i) The notice required under subparagraph (A) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section. I told them that I don't remember ever seeing any sort of notice that they would report this debt. He couldn't provide me with any notice and told me I could go ahead and sue them and they would dig it up for me. I explained to him that I do not want to sue you. I want to pay the alleged debt, I just want you to remove the CO from my reports. He said he would not do that. Would a simple 623 dispute asking for proof that they gave me notice under the FCRA 623(a)(7)(A)(i) obligate them send me the proof? Any other help would be greatly appreciated.
  5. Thanks, I will try the 611 method. I have done the 623 and go the same response. We have sold this to XYZ and ABC.
  6. I sent Cap1 Police report, ID theft Affidavit and letter asking for all documents on two accounts that were from ID Theft. They sent me a letter stating they sold the accounts to XYZ and ABC JDB's and I need to call them. However, they did not block the information on my CR. Can I go after them for damages and violations?
  7. I sent a Jack attack letter months ago and it did not work. The problem is the OC will verify no matter what. I talked to an attorney today and he likes my case. I am now going to go the legal route and see how long it takes to get this deleted.
  8. Trans Union has an office in the same city I work in which happens to be the court I will file at. They also have a registered agent in California. I'm going to the court house on Monday to find out in person.
  9. I have an OC reporting a account that was charged off and sold. Every time I dispute with the CRA's the account gets verified. I have done every type of dispute I could think of. I sent the OC numerous 623 disputes and they only sent me a letter saying the account was sold to XYZ JDB. I called them and they told me they have no records of the account they can send me and I need to contact the XYZ JDB for the documents because when they sell an account, all of the documents are transferred with the sale. I asked them how they could verify that the account was being reported correctly with the CRA's and the OC said we have everything we need to report accurately. This is after they said they have no records. This has to be wrong! Every thing I have read says that if you can't provide proof, then you have to delete the account. What should I do?
  10. Thank you for all of the help so far. I did find that the California Civil Code 1785.16(k) says that they must block the info so I would not have to use the FCRA. Why would small claims be a bad idea? I sued a CA in small claims and the jusge ordered them to remove the TL from my CR's or pay me 1500 in penaltys. The CA removed the TL. I am hoping the judge will do the same thing. If I have to go to Civil court do attornies take these cases on contingency? It seems like a pretty cut and dry case.
  11. I have two CO's on my credit report that TU flat out refuses to block due to ID Theft. I sent them a police report as well as the FTC ID Theft Affidavit. I went to the BBB, FTC and AG. Nothing has helped. I have read numerous posts that this is common practice for TU. The office that is handling this is in the same city that I work in. It would be so easy to file in small claims against them. Has anyone had any experience with suing them? Can I sue them in small claims? Thanks...
  12. Wow! Thanks for the help. Here is a phone number you can use: 800-258-9319
  13. I recently learned that Capital One Recovery (a collection agency) is reporting on my CR's as Capital One. Is this a violation of the FDCPA? I found a class action lawsuit for something very similar Debt Collection Class Action Lawsuits | Rogers v. Capital One Services
  14. Thanks for the help. I found this as well, it looks like if I sue the in small claims for illegally reporting a negative trade line on my consumer report and owed Plaintiff $7,500 for defamation, personal injury and financial injury. The defendant tried to throw out the case due to venue and the court made ruling that the FCRA did not preempt the state law. Smith v. Firstsource Fin. Solutions LLC, 2010 U.S. Dist. LEXIS 108855 (C.D. Cal Sept. 30, 2010) Facts:*Plaintiff, proceeding pro se, brought suit against Firstsource Financial Solutions, LLC (“Firstsource”) in small claims court, claiming that Firstsource illegally reported a negative trade line on his consumer report and owed Plaintiff $7,500 for defamation, personal injury and financial injury.*Firstsource removed the case, alleging that it involved a federal question under the FCRA.*The Court issued a sua sponte order to show cause why the action should not be remanded as improperly removed.*Firstsource conceded that claims arising under California Civil Code §*1785.25(a) are exempt from FCRA preemption under §*1681t((1)(F)(ii), however argued that removal was proper because Plaintiff’s complaint implicated other, non-exempt sections of the California Civil Code that were preempted.*The Court disagreed with Firstsource’s arguments and remanded the matter back to small claims court.** Removal. *The removal statute is strictly construed, and removal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.*Under the well-pleaded complaint rule, federal jurisdiction exists only when a federal question is presented on the face of the plaintiff’s properly pleaded complaint.*Although a plaintiff may not artfully plead his complaint, omitting necessary federal questions in order to defeat removal, a complaint is not artfully pled unless a federal statute has completely preempted that particular area of law.*The Court held that it was not apparent from the face of the complaint that Plaintiff intended to invoke any questions of federal law and the FCRA did not completely preempt his state-law action, and remanded it to the state court.*
  15. That's why I opted out. I have received one CC offer in over a year... I am always afraid that a CC offer will accidently go to my neighbors mail box and I will have to deal with an identity theft problem...
  16. Can I sue Capital One in small claims court in California? Has anyone tried? any success? I sent Capital One a 623 dispute that was very specific. They failed to properly investigate the dispute within the 30 days. They sent a letter letting me know they sold the debt to a JDB and that my reports have been updated. They failed to investigate the high balance of the credit card. I did dispute the high balance with all three of the CRA's before I esnt my 623 incase I did have to take them to court. I plan on sending another 623 for the exact same reason (I am asking them to investigate the high balance being reported on my credit report) along with the copy of the small claims action I plan on filing.
  17. Thanks for the help. I made a mistake on the date. 06/07 was the last time a payment was made. So, I just file a motion to get the judgment dismissed and also attach my answer and deny everthing. Then wait for Cap1 one to respond? I also saw that if you elect ARB, the court case has to wait until after ARB. Is ARB no longer the right way to go? Thanks again. I also saw the post on BOP. I'm guessing that is is Bill of Particulars? This is a rent-a-lawer that Cap1 hired to get DSJ's. Do you think the BOP will work with Cap1?
  18. My DW has a defult judgement against her from Cap1 for $3,400. Original limit was $1,500 which with fees and interest, it went up to $2,100. Rest is court costs and interest. The card was opened in 05' and the DOLA was 07/10. According to the Cap1 credit card agreement, there is a arb clause and everything is supposed to VA laws. I'm not sure if CA allwos that or not. She was never served so I am going to file a motion to get the judgement set aside. The SOL expires in July of this year (2 months) which in CA is 4 years. I heard if you elect JAMS Cap1 wount persue a 2K case beacuse it would cost them more to try to collect than what the debt is worth. My question is what should I do for the next steps? Should I elect JAMS? Should I keep it in state court? Should I move it to Federal court because of the VA clause? Thanks in advance for any help.
  19. The OC placed ads on TV for loans. I saw the ad and got a loan. Attorney general sued the OC for deceptive advertising. OC violated the finance lenders statute by using deceptive tv ads. OC was found to use deceptive advertising. The lenders law states that if the OC used deceptive advertising the contract would be considered invalid.
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