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Everything posted by DonqIII

  1. I was sued by HSBC in 2009 carrying over into 2011. I MTCed and initiated in JAMS. Their attorney offered me a mutual dismissal "with" prejudice to avoid the JAMS end. HSBC would not sign off with either a no 1099C or tradeline removal. HSBC sold this account to Cap 1, who in turn issued me a 1099C for forgiven debt just this year... for 2014. I never had a Cap 1 account and the fact that an HSBC suit was dismissed with prejudice held no weight with them as they said I still owed it. Even though it was never proven anywhere that it was my account or that the amount was correct. The 1099C was for a little more then 2/3 of the amount HSBC claim. I did not fight it as I had no taxes to pay on this, but of interest.. while arbitration is a great weapon, it is no guarantee that something won't pop up tpo bite you. In addition, even though HSBC sold the account to Cap 1, They still are reporting it as a sold account on my credit reports. Cap 1 never did report it. The tradeline be falling off very soon as the default date goes back to 2008. However, the latest Equifax credit report is showing HSBC now is posting this account on the good side of things.... as sold and written off, but with a new drop off date of 2021. ( I missed the date to dispute this and need to buy another report to do so) All on all... I am a very strong proponent of arbitration, but do know you need to be vigilant.
  2. I have a friend who lives in Utah. I need to find out #1. If credit card SOL is 4 years or 6 in Utah. #2. If a partial, (even $10.) payment will restart the clock. Or if it is date of first delinquency. My friend has a process server trying to get to him and his six years is running out soon. I cannot seem to find the info.... thanks.
  3. I will try to not to be too confusing. Do your trade lines fall off the CRAs by the OC/JDB notification or is it by the CRA itself? I have several accounts that should fall off the 3 credit reports at various times this year. Experian and TransUnion both show expected dates for this to happen, (Equifax does not) The dates on TransUnion are not the same as those on Experian . They are 1 or 2 months longer. But there are only 3 accounts still showing on TransUnion, while there are 9 on Experian. (13 on Equifax) Do the accounts just automatically fall off or is there something I would need to do? Chase, is showing only on Experian and Equifax. It sold to a JDB and is marked as sold, but now there is no anticipated fall off date from Experian ever since they sold. The JDB is not listing on Experian only Equifax. And they have never shwed an anticipated date. So I am wondering for the CRA Equifax how they will know it is time? Or those other accounts, like Chase, marked as sold , on Experian.. what happens to those? thanks in advance.
  4. This is court ordered arbitration. YOU do want to AVOID this if you can. The courts use this to lighten their load. You want private contactual arbitration. Stop what you are doing and read at least the first 2 or 3 pages of the thread about this and you will have a better idea of what you really want and why. http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/?hl=%2Bstrategy+%2Bsteps+%2Barbitration
  5. And likewise it would be nice if Clydesmom stayed here.
  6. Nope... not a quick fix, and a year will be just fine. The sponsor of this board generally does 6 at a time. I am aware of this because at one time I paid them to work on mine. I ran out of money and could not continue with them. But in 7 months they managed to remove 11 negatives from one of the CRAs. Their predecessor that I was using before them got a two or three removed per CRA in 11 months. I have nothing better to do at this time, and in truth... except for one CA misreporting a drop off date, along with a host of other things misreported, all will drop off themselves by the end of next year (2015). If I can help that happen it would be better, if I can't I can't.... I am driving a 2001 car that I bought just after 9/11 to help the economy.... (Then the economy spit in my face in 2008 and my business flatlined..... and the economy would do nothing to help me) But I digress.... just know I need to get a new one sooner or later and so am trying the credit end myself
  7. I have done a search but did not see what I am looking for. If you have multiple OCs and JDBs reporting on your CRAs and you are disputing them all, I have been advised to only dispute up to 6 at a time. Since there is a limited time from each agency to dispute, varying between 30 to 90 days.... and you dispute only 6... lets say of 15..... do you loose the opportunity to dispute the others without ordering new reports with a new report number on it? Thanks
  8. Cap One is a nightmare if you default. You may not plan on it, but things happen. I would not go to them if they were the only ones on earth. If you have B of A why look for another.... use that.
  9. Well, since I first posted I have gotten used to windows 8. Had the opportunity to upgrade to 8.1 but for whatever reason this laptop refused to co-operate. I don't care as I would only need to learn some more. I decided to stay with Firefox, primarily because of their multi-row bookmark bar. And I am running Avast on this and my other two. for protection along with all sorts of other stuff that may or may not be needed.... I got the pop ups off originally and then they came back because of a worm about a week ago.... It was the other stuff that got the worm issue taken care of. I have not noticed any copy/cut and paste issues on here but do have an issue with yahoo in general..... As probably the least computer literate of anyone on this board I just do what I can until I figure it out. BUt soulnd like it is good 8.1 did not work for me.
  10. For all my basic important files I use gmail. While there is infrequently a log on issue it has done well for me since 2009. I also have a yahoo that came with my ISP. That is the one I give to everyone that needs an email for their records to notify me of something. That is also the one that I was compromised twice on and I would not trust it for anything that I truly value. I have ... 22 gmail emails. They are used for everything from pen pals, to business info, to legal docs that I want ready reference to and those that are so private that if I die they will die with me. I just created one named all credit reports. If Google decides to discontinue gmail I am fairly certain it will make the news and I will have time to move things..... a task I would not look forward to. But, as I said I keep hard copies of important things like dismissed with prejudice things and mutual walkaway agreements, but if I loose old bank statements, or credit reports... I am not going to sweat it....
  11. I would always keep a hard copy of anything that would be deemed important. But items like a dated credit report, while of possible reference necessity is not necessarily important if it should be lost. But I have a system... not fast and I am sure nothing the average person would want to take the time to do but a lot of the questionable important papers, that are just something I may or may not ever reference again in my life I have scanned into my computer, then attached them and emailed them to myself and created files in the myriad of email accounts I have for various endeavors. That way if the dag gone computer dies, I can acess my email files anywhere.... even by smart phone if necessary.
  12. I was thinking of doing something like that. Thanks for your input. I already have a scanner and at least I would have ready access if they would be needed. Now all I need is time, LOL
  13. Since July of 2009 I have multiple credit reports. Mostly because of a couple of agencies doing some tradeline lean ups and me getting some copies after disputes. Is there any reason to keep old credit reports. The box they are in is not only heavy but I have no idea where to keep these. I would like to shred any from 2010 thru 2012 unless you think I should keep them.... Keeping 2009, which is the full list of alleged defaults ( and balances due) and 2013 as the last years for comparison. I appreciate any input....
  14. The very first link from Beeches and Beer above (BTW thanks B& http://blog.credit.c...s-with-1099-cs/ has this statement in it... "We’ve received several 1099-Cs for settled debt in 2012 and plan on filing Form 982 for insolvency. The question I have is: All of the settled debts happened on different dates throughout the year so how do we file only one Form 982? The instructions say that you must fill out your assets and liabilities immediately before the debt was settled, but how is this done with different settlement dates? All of the tax programs I’ve looked at only support a single Form 982." The instructions in 4681 for form 982 specify assets and liabilities.... But again... I know nothing, other then I am doing an inventory just in case.
  15. Well, my defaults were in 2008, or 1st quarter of 2009. How in the world would you come up with a list of assets going back 5 to 6 years? There are things , that would have been part of my inventory back then, that are worn out and thrown out from then that I have no record of...
  16. Well, which amounts I will let the CPA figure, however if you are correct then it would be all OC and I would imagine what they would claim is balance due.... But I am pretty certain that it is based on the year the 1099C is issued based on the date they forgive/cancel any debt....
  17. I have to be the most uncomprehending person around cause I still do not get this from the insolvency end... but no fear, I will try to hire an accountant if need be. Anyway... I know that proving insolvency is the value of everything you own immediately before the date on the 1099C. I know that proving insolvency is the sum total of all "debts" including the amount in the 1099C. Let us assume that you have 15 accounts that were defaulted on. Some were bought by JDBs and some are still with the original creditors. Let us also assume that only a certain number issue the 1099Cs. Correct me if I am wrong but it would be the total of all accounts that are defaulted on because that is money that is still owed, even though I am past sol. Here are my questions.... #1 . The amount owed on each account would be based on what? The Original Creditor amount defaulted on? (Balance due) or The JDB amount that they claim you owe, if an account was sold? #2. Can the amount owed be taken from a credit report that was obtained 6 months after defaulting many years ago? Or as soon as a JDB shpowed up on one? Not all accounts are currently shpowing as some were deleted under credit clean up. #3. Finally... Lets assume that more 1099Cs get issued next year... Can the amount on the ones issued this year... if there are any... be included in the debt column ...? I only ask because some have said they can still be collected on even after a 1099C has been issued therefore they still would be your debt... ( And needed to keep one in the insolvency stage)
  18. I had a talk with a CPA who told me that filing of 1099C information, even under the insolvency end of things also needs to be reported on you state taxes, or amended taxes if you amend. I have not read anything anywhere about this but have since read from my state that there are definite rules to follow to do this, and it is expected. I am referring to the state of PA. While PA does nopt collect taxes on forgiven debt it still needs to be done......! Has anyone done this or know about it? Also, wonder now about the local taxes,
  19. With all accounts now past SOL for my state I am now going to attempt my own credit repair. I am ordering hard copies from all 3 at some point next week and while I am waiting for them.... Two questions are nagging at me... 1. What if you cannot find any erroneous information in a specific trade line ? 2. If you actually dispute an amount, date of last payment, or anything that I have been reading about, would that be an admission of a debt and start the SOL clock all over? Thanks.
  20. Well, the post office has their explanation. It is being forwarded to an address that was supplied by the CA that is different then the one in their notice to me. I said but it was guaranteed to be delivered by noon yesterday and it is still not delivered. She told me that it did arrive in Dallas, which is the city in the address. That fulfills their obligation to meet the noon yesterday date. It will arrive to the CA , now, when it gets there in the forwarding process.
  21. Looks like they may not get it. I overnighted CMRRR true FOADS to 2 separate addresses. Both were to be delivered today by noon. One was the address that was given to me during the one and only phone call I answered when told to put it in writing was toldthey had been sending since May. So I gave an email address. This one was delivered. But the 2nd one was addressed to a physical address in Dallas. It was not delivered. Here is what the Post Office says in their tracking.. November 14, 2013 , 6:50 pm Processed through USPS Sort Facility COPPELL, TX 75099 November 14, 2013 , 9:40 am Forwarded DALLAS, TX November 14, 2013 , 9:40 am Available for Pickup DALLAS, TX 75228 November 14, 2013 , 9:37 am Arrival at Post Office DALLAS, TX 75228 It had an address and should not have been for a pick up. The zip code of 75228 is the zip code for the address of the company. And at 9:40 AM, the same time they claim was available for pick up they forwarded it? To another zip code about 30 miles away... and this was late in the day. SO..... if that one comes back to me.... will the one be enough for me to insist that they have been notified? guess tomorrow I go for a USPO refund.... wonder how they get around that.
  22. If you have sent a do not call to a CA and they receive it , how long would be realistic to expect for that to take effect so that if they did call after, it would be a violation? Such as, they receive a written notice CMRRR, say tomorrow.... how long until it gets in the system? And am I correct that after they do receive that, if they call you, it is a violation... even on a landline?
  23. OK, question... If a couple were living in a house either as liveins or married and there was only one phone line into the house. And one of the couple had that phone line in their name.... ( our neighbor has it in her maiden name).. and a credit card was taken out by the other person ,and this phone line was given as the communication line, and they defaulted on the card and the calls were coming in.... does that mean that only the person that the phone line was billed to had the right to request a do not call? I answer that line all the time. I also get some calls for me on that line. It runs through the entire house. My line is in my bedroom only. The 2nd call that they called to veryfy my address I answered. This was a sweek after I had already called them to verify my address and had been told something would come in the mail... It never did and far longer then 5 days passed and they called the "house" line again that is usually paid from my mom's checking account, which BTW I am on.... along with power of attorney. But the bill comes in another persons name as Verizon has royally messed that up fpor years and does not correct it. No matter, It is moms checking account, that I am on, that pays the bill. THIS 2ND PHONE CALLL WAS ALL RECORDED. It simply said they were trying to verify my address and it was extremely important that someone.... anyone ... call the number they stated. So they have no idea who answered. When I got home from the hospital that night I saw they also had called my line but this time left no message. I called them again and told them they keep calling for info that was verified. This time it came. But I did change my letter and now have it reading not to call my phones (plural) or cells( plural)... Lets not go into the constitution. To begin with that was written long before there was anything thought of as a plastic credit card. As to HIPPA/// what a farce.... anyone can get whatever they want to know on that. And you know it. As to privacy, why do the credit card companies send notices every year about the information they will and will not share and to whom? They call the the annual privacy notices. I guess legally, according to this they should not waste their money doing that cause it is not needed?
  24. Then I really do not need to notify them for my mom to not call again. If they are permitted one time to call her and ask for location, they have already called her line twice for the information. They received the information by me including verifying the last 4 of my social and they have dunned me. IF they call her line again for this info... that is a violation. It cannot be anything else. And will be treated as such. Thanks.. And FYI... after receiving a cease and desist, they are allowed one more contact. To let you know their intentions or that they are stopping collection efforts....
  25. You should be able to invoke a cease communication to any number regarding any information about you. None of us is famous or in the public limelight , therefore privacy is a definite right and if I do not want my personal business or even my name mentioned to any other that should be a given right. Therefore it is reasonable to expect to be able to be allowed to contact anyone and issue a cease communication to anyone regarding my personal business.... Now... with that being said As a least sophisticated consumer, I guess I should phrase that to the dumb abd dumber CAs in plain terms thgat they just do not have permission to discuss my business or whereabouts with anyone at anytime other then myself and as of this notice it has to be in writing. Even the medical community has had to cover itself by us signing those privacy sheets and listing to whom or to what phone number they are allowed to call. This is absolutely no different.
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