bad98roadster

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bad98roadster last won the day on July 19 2012

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About bad98roadster

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  1. I know of several cases where filing a complaint with the CFPB was helpful under the facts you have listed above. You might get a favorable response in your "call back next week" if you file a CFPB complaint today. Good Luck!
  2. I don't know if there's an answer to your question, but if it were me, I'd look into these: free - creditkarma.com = transunion fako score plus a vantage score - can be updated by you every 7 days free - creditsesame.com = experian fako score - can be updated by you around the first of every month. free - quizzle.com = equifax fako score - can be updated every 6 months for free. If you can obtain a certain barclayscard or discovercard, you can get your true TU08 FICO score. These cards will notify you every time your TU08 FICO score changes.
  3. Dig up your settlement agreement, redact all the names and amounts and post it or recreate it leaving out any identifying information. The details in the settlement agreement will determine if you have an argument.
  4. Serve and file a complaint against Experian. Search the legal databases for cases where Experian has motioned to compel arbitration. Maybe BV80 will assist in the case law search. http://codes.lp.findlaw.com/uscode/9/1/4 9 U.S.C. ยง 4 : US Code - Section 4: Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. The hearing and proceedings, under such agreement, shall be within the district in which the petition for an order directing such arbitration is filed. If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial be demanded by the party alleged to be in default, or if the matter in dispute is within admiralty jurisdiction, the court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, except in cases of admiralty, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referring the issue or issues to a jury in the manner provided by the Federal Rules of Civil Procedure, or may specially call a jury for that purpose. If the jury find that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury find that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof. - See more at: http://codes.lp.findlaw.com/uscode/9/1/4#sthash.uOPHFcW4.dpuf
  5. If a default is reported on a credit report on 8/09 and no other payments or activity is logged against the account the account will (or is supposed to) drop off in 7 years or in specifically in 2016. If a settlement was reached wherein the amount paid is less than the amount owed in 2012, will the account still drop off in 2016 or will it continue to be reported until 2019?
  6. Thank you for the explanation =) I've read that late payments or defaults has less and less effect on real FICO scores over time. I've read that lenders don't put as much weight on defaults that occurred 2, 3, or for years earlier. In the scenario I mentioned above, the lender would be seeing lates on a credit report as if they were "new" lates, even though the consumer gave up possession of their home years ago. The lender never closed out the loan or officially foreclosed.
  7. In my view, a repeating 180 days late would indicate that the consumer missed 6 payments then started making full payments again for 4 years without ever catching up on the missed payments. The consumer's credit score suffers from a default dated over 4 years ago that's being reported as if the 180 day late occurred last month. Is there any case law or precedent to support the fact that the furnisher and/or CRA can continuously report 180 days late for 7 years or until the SOL runs?
  8. Facts: Mortgage Loan Last Payment Date: 2/10/2009 - no other payments made on account to date. No foreclosure yet. First Delinquency Date: 3/1/2009 30 days late on:4/1/2009 _______ 4/09 - 30 days late 5/09 - 60 days late 6/09 - 90 days late 7/09 - 120 days late 8/09 - 150 days late 9/09 - 180 days late 10/09 should be - Closed, Charged off, Not Reported and/or what?? 11/09 should be ?? 12/09 should be ?? 01/10 should be ?? 02/10 should be ?? 03/10 should be ?? 03/10 should be ?? ... 12/13 should be ??
  9. How much was the alleged amount from t mobile? How much is Midland claiming?
  10. In California you must pay the fee as if you were answering the complaint. It's a "first paper" fee. Check your specific county. Here's a fee schedule from Los Angeles County, CA: see http://www.lasuperiorcourt.org/feesnet/pdf/fee-schedule-2013.pdf In California, you must allege that the Plaintiff refused to arbitrate the claim within your petition: see http://law.onecle.com/california/civil-procedure/1281.2.html In light of that fact and if it were me, I would demand (in writing with a 3rd party proof of service and by fax and by phone call or voicemail) that the plaintiff dismiss the case or stipulate to an extension of time for answering the complaint or stay the matter until arbitration has been completed.. I would notify the plaintiff that if I incur any expenses in petitioning the court to compel arbitration because the plaintiff resists my request, then I will hold the law firm, the attorney and the plaintiff responsible for my expenses. You will to eventually need back up your allegation that the plaintiff refused to arbitrate. Good luck!
  11. Does anyone know how to view posts of a specific member beyond the first page? For instance: I select calawyer. I then select posts. I can view 1 page of calawyers posts. How do I get to the rest of the pages of posts?
  12. Are you aware of any case law that supports that comment. I would like to take action on one if it's true.