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About IN_Girl

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  1. I will definitely keep all info... they have their own nice thick file with all the paperwork sitting in my closet!
  2. Ok, so I probably just did what you aren't supposed to do. I called Midland. Told them that they had a case against me and that the judge had dismissed with prejudice. I then asked if they had received the paperwork. He said no, but that he had my balance as zero and it was in the queue to be deleted. He said it typically takes 30-60 days for the CRAs to update. He then said that he could send me a letter that stated it was being removed and deleted. So I should have that in 5-7 business days. Man... I'll be glad to be rid of them.
  3. It was a mutual dismissal with prejudice. i agreed to dismiss the JAMS filing and they agreed to dismiss this... both with prejudice.
  4. I won my case with Midland and papers were filed with the court and approved by the judge on August 6th. I got a dismissal WITH prejudice. However, Midland is still reporting on my credit report. They even listed me as 120 days late for July 2013. Where do I go from here? I have disputed with the CRAs and sent them copies of the judge's decision, but it came back verified. What now?
  5. I am very thankful for all of the insight. However, I still do not think that pre-emptive election of arbitration was the wrong move. In it I stated that I elected arbitration via Jams to resolve all conflict/disputes.
  6. Thank you all for your insight.
  7. But if I have disputed the validity of the debt along with the amount with them and said that for this and any further disputes I elect arbitration, doesn't that take it out of the court? According to the agreement it does. So if they try to sue me now, it will be a violation. I can simply say "Judge, I tried on XX date to work this out with them via arbitration and they never responded, here's proof of my letter to them." Am I wrong on this?
  8. On my credit report the account says closed. Portfolio did not say that. I really want them off my credit report. This is for a Cap 1 card, defaulted in 2009, so according to the credit agreement it is governed by VA. Therefore, the statute of limitations is up. I told them that per the agreement I elected arbitration via JAMS in a letter that i sent them since they were ignoring my dispute from my credit report. Now what? Should i fill out paperwork and send it to them, then if they do not respond send an ITS letter? They would be in breach of contract if they ignore the arbitration request, correct?
  9. No I did not. I filed with JAMS. I went ahead and paid $125 and that made them owe $675 before JAMS would even begin. The agreement stated that they would pay all but the $125, so JAMS accepted that. So do I just call the attorney and say that I am willing to sign, but I need something in writing where they agree to remove the item from all credit reporting agencies, no 1099 and that the alleged debt is cancelled and can not be sold?
  10. Someone correct me if I am wrong, but in addition to Capital One being governed by Virginia SOL, they also have an arbitration clause that lists JAMS and states that no matter who prevails, they cover their own attorney fees (obviously read your copy of the agreement). If the debt is outside of the SOL, it's a violation of the FDCPA. They'll owe you money.
  11. The lawyer wants me to sign the stipulation for mutual dismissal for the court that says we are dismissing mutually with prejudice.
  12. Do I have to put that in this agreement I am signing?
  13. I got a notice in the mail today from Midlands attorney asking to dismiss "amicably" with prejudice! Thanks to everyone here for the wonderful advice and on the arbitration forum. I think when they got the bill from JAMS, they changed their minds. Woo hoo! Now, will Midland remove the item off my credit report?
  14. Here is something else I noticed. I pulled my 3 credit reports. They are now saying this account is closed (Transunion says open)... so apparently it's closed, but how do i now get it off my CR?
  15. Hello everyone, Let me first say that I am not being sued... yet. I noticed in April that I had a new item on my credit report from Portfolio Recovery and an old Capital One account was gone. I disputed online with the credit bureau and they replied that it was a valid claim... I then wrote a letter to Portfolio Recovery asking them to validate the debt, prove they had the right to collect, prove the statute of limitations had not expired, etc. Their Dispute Dept wrote me back and said the matter was closed and that they were sending the case back to the Collection Dept. I RECEIVED NOTHING! They have not contacted me anymore, but I want this off my credit report. So I have drafted the following and would like some feedback if you don't mind. To Whom It May Concern: As a follow up to my letter dated May 9, 2013, I am writing today in response to you claim that the debt has been validated. I have NOT received any of the items requested to properly validate the claimed debt. I do not believe that I owe you this debt and after further investigation, believe you are in violation of my Consumer Rights. 1. You claim that you own the debt from Capital One. a. I have seen no paperwork to prove this. b. You have not complied with my request for the following: i. What the money you say I owe is for; ii. Explain and show me how you calculated what you say I owe; iii. Provide me with copies of any papers that show I agreed to pay what you say I owe; iv. Prove the Statute of Limitations has not expired on this account; v. Show me that you are licensed to collect in my state; and vi. Provide me with your license numbers and Registered Agent. 2. You claim I defaulted on the debt in 2009. a. I have seen no paperwork to prove this. Furthermore, I have looked up the credit card agreement for the timeframe and, if this was my debt, it would be beyond the Statute of Limitations governed by the state of Virginia (according to the Capital One agreement, Virginia laws shall be used), which is 3 years. 3. I have given you additional time to remove this false line from my credit report and feel that this must now move to arbitration. According to the credit card agreement, I/We can elect to pursue this in arbitration. We shall both be responsible for our own attorney fees, no matter the prevailing party. I am choosing to elect arbitration through JAMS. a. If these items are not removed immediately, I will proceed with filing JAMS paperwork. b. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. Best Regards,