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Everything posted by queenofwands

  1. Just curious, if I am successful in getting a judgment against a JDB under TCPA and FDCPA/RFDCPA, can they discharge it in a bankruptcy?
  2. @WhipItGood you are awesome haha - I didn't get notifications that you responded so I didn't know til I just logged in, but all great suggestions! For anyone who is interested in updates, I ended up hiring a PI, locate investigation turned up results even with the common name, and just got word, service completed! Yippee! The guy has 3 outstanding judgments against him going back 10+ years, oy vey... not sure about outstanding liens or any of that, we'll likely end up doing asset search soon enough. Now I guess we wait and see if the guy contacts my attorney...
  3. @Coffee_before_tea That is actually very helpful (alternate means of service), I mentioned this to my attorney and she said we can do this after we've exhausted other means. The entity is T C M F I N A N C I A L ... (I inserted spaces to keep this from showing up in a google search haha, I hope that works...) I think they are pretty mom and pop here in California. @saytar That is very helpful. They are incorporated, an LLC...well they were until they were suspended for not designating a new Registered Agent. You bring up a valid point though that we could go after the owner personally since they apparently don't have the protection of the corp shield as you mentioned. It would appear that now they are functioning as a DBA.
  4. Attorney agrees on damages, and has paid for attempted service 3 times. All known addresses are vacant and unable to locate business. They are so shady... We do agree that collecting may be challenging. For what it's worth, the business is still functioning, albeit illegally. Is it worth losing a $200-$1000 investment for a potential $100k+ payoff?
  5. @BV80 Yes, attorney is working on contingency. Complaint is solid and for well over $100k in TCPA statutory damages. I will mention finding out about assets when I contact the PI. They've definitely been sued in the past and lost, paper trail in the court system. Attorney said only other option is to possibly stake out the PO box and serve them when they come to get the mail...but that would get expensive.
  6. Hello all. I'm reaching out in case anyone has any ideas to contribute on how I can locate and get served the JDB I'm suing? Complaint was filed back in March, and we just got a final 60 days to serve. Their Registered Agent dropped them several years ago, and they failed to update with a new registered agent. They have vacated the office address on file with the Sec of State, and they are doing business illegally as their business license has been suspended. Their website lists a PO box which is the address they do all business from, calling them yields the same results. The PO box is registered to the official address they've vacated. TCPA Act violations in the complaint and they've called me as recently as Feb. They know I'm suing them, my attorney sent the original complaint to the PO Box in an effort to get them to call. All subsequent attempts to serve via mail with CMRRR have been returned. Attorney says my only option at this point is dismiss or hire a PI. Do I have any other options outside of hiring a Private Investigator? The owner has a very common name, so I'm concerned extensive background checks would be futile.
  7. Hello, The last negative collection account/tradeline I have on all three reports is an MCM account for around $600. The account is an old cellphone account (DOFD 11/09) that I co-signed on for an ex, and the account has been disputed as they made unauthorized changes to the plan which resulted in egregious overages. He abandoned the account after their refusal to remove the overage charges, and they also charged fees for early termination. I already tried to dispute through bureaus, but MCM verified, so it's supposed to be reported as disputed now. Not that it matters. By my calculation this account should be falling off my report end of 2016. I'd like to get it off sooner as I'm trying to buy a house by end of summer, but I'm not willing to pay more than $150 for it. MCM acknowledges on their settlement offers for $250 that they can't sue me, but they can keep reporting. The notice also says "If you pay your full balance, we will report your account as Paid In Full. If you pay less than your full balance, we will report your account as Paid in Full for less than the full balance." I know MCM is a hot topic around these boards, so just wondering if MCM is known for accepting PFDs, and if in anyone's experience they would like accept a settlement of 25%? As far as I'm concerned, they have nothing on me and that TL isn't killing me...I'd be perfectly fine just riding it out with them not getting a dime out of me. But it would be worth it to me to settle with a PFD for $150 and just get it off early. Would I be wasting my time asking for that? Thanks for your input!
  8. @Rivertime They are attempting to treat you as a vendor for tax purposes, not as an employee. If they were treating you as an "employee" they would ask you to complete a W-4 and issue you a W-2, not a 1099. I wouldn't send them a letter stating anything making reference to them treating you as an employee. And as you said, the IRS threshold for them to be required to send you a 1099 is $600, and this is below that. They are within their power to issue you a vendor check without a W-9. They are just being difficult.
  9. @BV80 I might even have a copy of the original application I sent it, stapled to the Terms & Conditions or Agreement, safely in my files ...
  10. @BV80 No, the account was opened in 2001 or so when I lived in AZ, I had a different area code. I moved to CA in 2003 and changed my cell phone # after that... In fact, I'm pretty sure TCM got my # as a result of the first Experian dispute. Prior to that I never received any calls from them or any of the prior CAs to my knowledge.
  11. @BV80 Yes, I was very precise, and even included an old Experian report with the OC reporting the delinquency period 5/04-2/06 (since the OC has now fallen off the report, and rightfully so!), as well as documentation from each CA & JDB to show the change in ownership but that it is the same TL. They didn't accept it as sufficient.
  12. @BV80 I do have all the voicemails they left. They are prerecorded, with a robot that says my name. VOICEMAILS 10/22/12 - (unknown #) Rep, "responding to dispute" 10/23/12 - (unknown #) Rep, "calling in regards to a matter in his office" 10/23/12 - (877 #) Prerecording, "this is an important msg for xxx, this is not a sales or marketing call, to retrieve this important msg press the 1 key now, or call us back at x" 10/23/12 - SENT LETTER TO STOP CALLING 10/24/12 - (unknown #) Rep, "need you to give me a return call" 10/25/12 - (unknown #) Rep, "need you to give me a return call" 10/25/12 - (877 #) Prerecording 10/26/12 - (323 #)TCM Rep, different # "I need you to give me a return call" 10/26/12 - BLOCKED (323#) FROM CALLING ME 11/09/12 - (888 #) Prerecording 11/09/12 - BLOCKED (888#) FROM CALLING ME 11/11/12 - (877 #) Prerecording 11/11/12 - BLOCKED (877#) FROM CALLING ME 11/12/12 - (323 #) Prerecording 11/12/12 - BLOCKED (323#) FROM CALLING ME 11/20/12 - (323 #) Prerecording 11/20/12 - BLOCKED (323#) FROM CALLING ME 12/14/12 - (562 #) Prerecording 01/03/13 - (562 #) Prerecording 01/18/13 - (562 #) Prerecording 01/18/13 - BLOCKED (562#) FROM CALLING ME At some point last November, after they verified with the CRA, they sent me a letter demanding payment in full. I think I also have a few screenshots from my phone of all the missed calls where there were no messages left too...
  13. @BV80 The burden is on them to verify to the CRA that they are reporting accurate information which has been disputed by me, right? I assume I am not obligated in any way to discuss the matter with them, as I've clearly already disputed the accuracy of the information they are reporting... In your opinion, would it benefit me in any way, to call him back and tell him they are in error, reporting on a time-barred debt that is long past the reporting period (being 5/2004 - 11/2011)? Not that I want to give them the benefit of the doubt, but since the TL has been sold so many times, it's certainly likely they don't have the OC info right? I could obviously also do this in writing. What frustrates me is that it shouldn't be my responsibility to tell them the history of the TL they purchased and are reporting on, when disputing it with the CRA is already expressing this... How to go about finding a Consumer Attorney in Los Angeles? Any chance anyone on here knows or has experience with some already?
  14. @VADebtor Thanks for the reply. A year ago I disputed for something else, they responded the same way, and I sent them a letter, not exactly C&D, that they were only to contact me by mail. They verified with CRA, then continued collection calls multiple times daily via a dialer until I managed to block all of their many numbers from calling me thru AT&T's Smart Limits (which you have to pay for, btw!). I took it off about 3-4 months ago, and haven't received a call until the last couple days.
  15. @BV80 TCM is leaving messages on my cell phone... In the first message he said: "My name is xxx here, I do need to get a return call back, very important that you return my call. My number is 877-xxx-xxxx. Thank you." That was yesterday. This morning when he called he said: "My name is xxx, I'm calling you in reference to a consumer dispute that you had filed, I'd like to discuss that with you, give me a return call back. 877-xxx-xxxx. Thank you."
  16. @BV80 (or anyone who has something to add): So Experian said they couldn't delete it based on the info I sent them, and that they were going to request verification from TCM. TCM is now blowing up my phone daily I suppose trying to verify, asking for a callback. The first time I disputed and Experian requested verification from TCM a year ago (different dispute), they started trying to collect from me again. The key points on this situation are that the TL is well out of SOL. They shouldn't even be reporting it. They of course only want to deal with me by phone. I really just want them to delete the TL, but am not opposed to suing them if I have to or their stupidity warrants it. But I am worried about speaking with them via phone, and that I will say the wrong thing. What is the best way for me to handle this? Do I need to be prepared to quote statutes from FCRA etc? Should I tell them I'll sue them if they don't fix it?
  17. @BV80 Good catch! I made the change. Last question...can I still go after TCM for violations even after Experian takes it off?
  18. @BV80 Ohh, I see what you mean. I think I just want to get this crap off my report and be a fully-functioning human being again! What could I potentially stand to gain by suing the JDB? When I disputed the account as not being mine a year ago, they verified and bumped the amount down about $5k. They also hit me with an inquiry (a hard pull!), LONG after the SOL expired... (my understanding is, no permissible purpose?), and started harassing me with phone calls again until I blocked their numerous phone numbers from calling me. The reason I wanted to get this resolved ASAP was that I was declined for a Citibank card, and they said this account was the reason. They said if I send them my credit report with the corrected info within 45 days, they will reevaluate my application. It's all just part of my credit-rebuilding process...I want to get and keep that card. Do you see anything wrong with what I put in the letter?
  19. Thanks for the reply @BV80. Since the point is that it can't legally be included on my report any longer, it would be faster to just have the CRA remove it on that merit alone right? The JDB has proven that they want to make my life as complicated as possible. So I don't mind providing the proof to the CRA, since my claim is indisputable and if it will get it handled quicker. I have the paper trail of everything I quoted in my letter, and made copies to attach to the letter (and color-coded everything, ha). I'm trying to figure out how to attach the letter to this post..?
  20. Hello all, I have one final large derogatory collection account left on my report. US Bank charged it off "as of May 2004 to Feb 2006", so the DOFD is 2/2006 or earlier right? I have a letter from the first CA (CaCi) trying to collect on this US Bank tradeline dated 5/3/2006. It was sold on 4/5/2007 to NCS Corp, and then sold again to TCM Financial Services in 7/2008. TCM has been a real pain in my butt. When I started disputing with CRAs a year ago, they came up out of the woodwork and tried collecting again on this debt that is out of SOL, after laying dormant for years. Anyhow, I need to get them off and gone once and for all. I have a 2006 Experian Credit Report that shows the US Bank Charge Off Date, the dunning letters from CaCi, NCS Corp, and TCM Financial with all of the dates referenced above. What is my best approach to disputing this? My understanding is that the negative item can legally only be reported until 7 years & 6 months past the DOFD. In my case, the DOFD being 2/06 or earlier, it should be taken off August 2013 at the latest! But TCM is also reporting inaccurate information, which could also get it removed - although they are feisty and keep readding it. My guess is, best to show all proof of DOFD and CA>JDB trail, dispute the DOFD as reported by TCM, quote whatever FCRA law that says it should come off by now, and request it be removed? Thanks in advance for any advice you can give! Holly
  21. I just applied for the NFL Extra Points Credit Card and got approved for $500instantly. Previously I had only a Capital One Secured Card with a $1050 balance, which was opened in July. My FICO scores are currently TU 667/EQ 636 and EX is 616. My Credit Karma FAKO is 601. It's apparently an easy card to get, and according to reviews I've seen the initial Credit Line go as high as $2500.
  22. How would the Rosenthal Act change any of Flyingifr's advice?
  23. Thanks so much for the reply! Even if I did speak to them on the phone, they wouldn't get a dime out of me...so no concern about resetting SOL. I'm just more concerned about saying the wrong thing, saying too much, etc. and having it used against me in some way in my attempt to get stuff removed from my reports. I'll send them a letter. Can someone answer my question about what is qualifying to get the whole TL deleted? Is the fact that they are inaccurately reporting that my mom is on the account enough to get it deleted? If my mom were to challenge it, would it delete it for both of us? Or would they be able to just delete it off hers?
  24. I'm about halfway into my 30-days with the first round of disputes I sent to CRAs, and I just received a call (voicemail) on my cellphone from one of the CAs I'm disputing, saying that he was "responding to a dispute I did on my credit report" and if I could please call him back. I doubt it's worth mentioning, but he called me from a "Blocked" number. What do I do? If it's for the account I THINK it's for (credit card), the DOFD would have been sometime in 2006 at the latest, so it went out of SOL in 2010. The account was sold to a JDB in 7/08, and the JDB is no longer reporting the TL, only this CA is. The report says it's scheduled to continue on record until 1/14. I disputed it as not being my account, but they are also reporting that the account responsibility was joint with my mom, which is absolutely not true. The only account I've ever had with my mom was an auto loan which was paid off perfectly, and the amount of this tradeline is close to that amount (~$18k), and twice what the original balance was (~$9k). So what do I have to work with here? I know I'm not supposed to correspond with CAs over the phone. I'm afraid if I do speak with them I'm going to somehow incriminate myself...but if I don't respond, will I cause trouble for myself by not cooperating with their attempt to validate the information? Also, is my understanding correct that if anything is inaccurate within the TL, the CRA has to delete the whole record? This is one of 8 entries I'm disputing with EX, and 6 I'm disputing with TU...