Zelph

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About Zelph

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  1. Thanks Shellie, I not concerned about the fact that they may sue. I should mention that the last soft or hard pull on my credit was Feb '13 only show less than 10 and 2 of them were from the firms that were hired by the OCs I figure will hold onto the accounts. I was just wondering how long before I hear something. SOl in OR is 6 years. Mandatory arbitration is called by the courts then the arbitrator sits up the first meeting usually within 6 to 8 weeks from the time I select the arbitrator. Just prior to the meeting I plan on filing for BK7, I contacted an attorney and pre-qualified but didn't reveal anything.
  2. As I mentioned in past posts: I have 6 accounts that I was unable to pay because of circumstances. Final pmts Oct '12. I sent all 6 OCs an RTP in April 2013. All went out CMRRR and all subsequent letters the same. I heard from JDBs that now own 3 of the accounts. The other 3 are OCs that usually don't sell the accounts according to posts here. I DV'd the 3 JDBs then after validation I sent an RTP including a C&E (I know a RTP is also a C&E). The DVs went out Jun '13, Jul '13 and Sep '13 - The RTPs went out Jul '13, Sep '13 and Oct '13. I pulled my CRs in Jul and again in Oct. The 3 OCs show balances and charged off but I assume still own them. The other 3 show charged off, $0 balance and sold or transferred to someone else. The 3 JDB's don't show on CR at all. No entries at all. My FICO went up from Jul to Oct. Now the question 'Are they obligated to send a followup telling me what action they are taking after the RTP or will I just get a summons for mandatory arbitration (OR), if in fact they should be sending something how long do they have, or can they send it at anytime?' Lame question I know, but I haven't had any communication with at least the first 2.
  3. I'm kind of all over the place when I explain things. I did call an BK attorney and left a message with a telephone nr and email address, told her emails would be best. We have only corresponded via email and snail mail (hers), we were planning to have our first sit down before I had posted here. She had listed the documents I needed to bring. I have those in my possession and no one else has them. I never gave her any usable information such as names, amounts,,,etc. only general information with estimated debt. Medical $XXXXX.XX, Secured (auto, chattel loan) $XXXXX.XX, Unsecured $XXXXX.XX, Estimated living expenses (rent, utilities, food. medication, ongoing treatment, misc) I did explain about my medical history and subsequent large co-pays that may force me into BK. I didn't give any detailed information about the co-pays such as whom I owed or how much, or how much I had paid off. I told her I was on SS/Pension and she indicated that I should qualify for a BK7. Then I decided to follow the advice from this board and emailed her back about my decision to table the BK until such time as I might need to take that route. She has nothing but my name, address, friend's phone and email address and general information. Update I have sent a DV (CMRRR) to the attorney (CC Debt), they sent a years worth of statements, then sent a RTP/CD to the same attorney (CMRRR) nothing back been over 40 days. I sent a DV (CMRRR) to the CA of one of the unsecured retail accounts. Nothing yet been same 40 days. I just received another payment request for the other unsecured retail account. Will DV them around the 16th Sept. I haven't heard anything from the other 3 accounts (2, CC/Retail/Citi) (1, CC/retail/Chase). Pulled my CR on July 1st and all accounts show as Charged off, except the attorney/CC it shows sold. Don't beat me up about my earlier statement I know I said she has all the documentation but in reality I had it ready to turn over to her before deciding against it based on the posts from here.
  4. http://money.cnn.com/2013/08/26/technology/social/facebook-credit-score/index.html?hpt=hp_t2 I have only 31 friends most are relatives, it will be interesting if this gets more play.
  5. My personal information is out there, it is available to any off shore customer service rep or any $10/hr student, former resident of the state and is being sold by my credit card issuer to data banks and anyone who will pay the fee. You have to protect yourself from identity theft, fraud, the internet scammers, people pretending to be your grandson who is in jail or exiled Nigerian diplomats with millions. The internet has become a haven for anyone who has larceny as a motive and some who don't. I don't trust anyone. I worked for a large government agency in computer security in my former position and know first hand how much data is available and how easy it is to get. I'm retired now and have divested myself of all the necessary trappings that Madison Ave said I needed. So you are going to have to put up or shut up with the threats. Don't expect me to believe you are on the up and up with just a phone call or doctored letter claiming I owe you X amount of dollars, I don't believe anyone. I also could care less whether you think I am a deadbeat and have no scruples about avoiding my responsibilities, that's your opinion.
  6. In my estimation what the JDB/CAs are doing is called 'Profiteering' and should be regulated and limited by law. Congress hasn't figured that out yet. You are buying debt at 10% of value then adding your fees and interest to the total debt and crying 'foul' when someone stands up to you and says, NO MORE! We the debtor have to defend ourselves from the likes of your fellow dishonest parasites, I'm not including you since you claim to be such a benevolent humanitarian. We still have to pay a portion of the debt with a 1099C. Then have to monitor our courts/bank accounts/wages/assets or whatever when they finally have sucked the life blood from the debtor and decided to give up and sell the debt at a profit to another JDB/CA so the process can start all over again. I can't believe that you would question a DV or C&D in such a flippant manner, every day we read about another scam going around targeting seniors and the general public with fraudulent claims and fictitious or non-existent documentation and expect us to roll-over, play dead and cough up our money.
  7. I had surgery 2011 (stage IIIB colon cancer) - chemo until June 2012 - colonoscopy Oct 2012 (great results, next 2015) - Quarterly checkups (blood workups,,,etc) - yearly CT scan July 2013 (preventative). Thanks for asking. Thanks to all for the input. I have decided NOT to include the reference about BK lawyer. It will be my final option. The reason I was seeking BK: Credit scores are not my prime reason, input from my previous questions I determined that I would rather have the BK on my record for 10 years rather than the hassle of judgments, being called back to court for financial discovery, having my accounts resold numerous times and the cycle of DVs and RTPs that will eventually follow til the end of time (SOL notwithstanding judgments can be renewed forever). I know that I'm basically 'collection proof' and it will only cost the JDB/CA's money to chase after me, it is that it's not something I wanted hanging over my head. You get a new perspective about what makes you happy and what's important after a life-threatening event. I retired, gave away all my assets, sold my house, moved to and rented a place in a milder climate. Any money I had put away was eaten up with upgrading my house for sale, losing all equity because of the economy, moving, clearing up stupid decisions I had made in years before retirement, realigning my debt so my wife would not be encumbered with my lack of 'handling paper' well and prepared for death.
  8. http://www.nolo.com/legal-encyclopedia/bankruptcy-trustee-preference-claims-prior-transfers.html
  9. The 90 days prior to the debtor's filing his bankruptcy petition is known as the look-back period in a Chapter 7 bankruptcy case. If the debtor has made a preferential payment to a creditor in the 90 days prior to filing the bankruptcy petition, the trustee can sue that creditor to recover those funds. The look-back period for payments made to insiders is the 12 months prior to filing the bankruptcy petition. If the debtor has made a payment to an insider, such as a friend or family member, the trustee can avoid payments made in the 12 months prior to filing the bankruptcy petition . Looking at my budget I doubt I'll see anyone going after the payments I've made in the last 90 days. It would be less that $700. Now I've made payments to my auto/loan, chattel backed finance company loan and my contract loan to a unsecured card, I was setup to pay $250.00 for 12 months on that. I had stupidly give them my account information to automatically withdraw that amount. The final payment was 07_01_2013. The courts are too locked up with other issues and are releasing felons to make beds available for new inmates on a monthly basis. Believe me I haven't paid one friend or relative anything, if the truth is known they owe me. Maybe the trustee can have better luck getting money back from them than I have had. They aren't going to go after me and incarcerate me because the cost would be counter productive to supply my medical needs in jail. Maybe a night or two in jail would be a welcome relief.
  10. All my lawyer has in her possession is: My tax statements (3 years) Entitlement statement from SS Statement from my pension provider Information from the auto/loan, value per KBB and balance owed. My over-payment schedule from SS All my available statements from the 6 unsecured accounts that will be or are in collection status, and statements from one closed account that I felt obligated to continue paying. My statements from my current secured accounts 12 statements from each of my utility companies (i.e. cable, power, auto insurance) My rent statements for 12 months Yard sale value of all my assets < $1500.00 We never discussed anything about my medical bills, I didn't even want her mucking around with them, it would have also meant getting a paid in full receipt. I had intended to clear them up before giving her the go-ahead. I also had 2 small unsecured cards that I paid off and closed 1, the other was closed by 'Universal Default'. We never discussed those either. Added: The reason for not discussing my medical is because all my surgeon's, hospital and related accounts are $.00 the only ongoing item is my oncologist and I have quarterly check ups and now I will be having a CT scan. I didn't want to be confronted at the check in desk with collection issues.
  11. For fear of sounding redundant I won't bore this forum with my history to this point. But I have a question that you can probably help me with. I have now been contacted by a JDB Law firm that has responded to my debt validation request. The credit card debt was written off/charged off according to their initial request for payment. No issues with their validation packet. I am sending them a 'Refusal to pay' including a 'Cease and Desist' request, (CMRRR). Also, I just received my first correspondence from a JDB that claims to have purchased the written off/charged off account from a second retail credit card. I am sending a DV (CMRRR) before the 30 days are up. Here's the question: I was wondering if I should include in the 'Refusal to Pay' letter that I have contacted a BK lawyer and I will be choosing that relief? After the initial interview I was qualified to file a Chap 7. The cost is $1250.00 and I can set that up on payments if I so desire. The lawyer has all my paper work and only needs to update my debt before I file for Chap 7. The reason I held off until pressure from any judgments force me into it was that I wanted to clear up the remaining medical bills. I should have them paid in full after the 1st of Sept 2013. I didn't want to list them as creditors causing a negative entry into my medical file. I don't want to jeopardize my relationship with them. As far as the BK is concerned it would be the best path for me to take for my situation. I have 4 more accounts that I haven't had any contact with JDB's/CA's/or Law firms as yet. I checked my CR and all 6 had been written off and closed, so it's just a matter of time before I hear from someone else. I found that all three CR agencies had my old company listed as 'Current Employer'. I retired in 2009! I disputed with all three and received updated responses from them that they updated my file to reflect 'Retired' as the employer. I haven't checked back but hopefully it is noted and they can stop the queries to my old company.
  12. Anyone know if bitcoins are accepted for payment of my CC debt?
  13. 1. Is this for one credit card only? 2. Check your records, when was the last payment made on this account? If you've made any kind of payment within the last 6 years then it is still collectible. 3. If you haven't made any payment then it is time barred (SOL in MA is 6 years). 4. Yes they can add charges and fees. 5. You need to dispute it with a DV before the 30 days are up. Remind them in the DV that the account is timed barred if it is. Don't send a Cease and Desist until they validate, if they do. 6. Check your Credit report see if there is a judgment or trade line with this account. If there is a judgment then it is collectible and can be renewed after I think 10 years. 7. I don't think you have a FCRA violation that pertains to errors on your credit report. What it could be is a violation of FDCPA, but I don't think there is any at this time.
  14. Let me chime in here, I challenged a JDB with a DV and they continued to pursue collections without validating. After filing a complaint with both the FTC and my state's AG I received an apology from the OC and a letter stating that because of my communication with the AG and FTC they were zeroing out the account and were informing the JDB to remove any negative entries on my CR and then the JDB followed up with an apology stating they were closing the account as satisfied. I have a friend who was telling me about working as a debt collector in CT. He said it was the most horrendous position he had ever held. He said he was working beside ex-cons and other forms of degenerates who would stoop so low when on the phone he couldn't understand how they slept at night. His tenure lasted 6 months. So do you think that I should be concerned about making a positive impression on those. And do you think that if I roll over and accept what crumbs that may be thrown my way that it will help reduce my settlement with them. Also, if I had the 50-60% of the total bill, that I couldn't call and negotiate a satisfactory settlement with the OC before hand thereby avoiding talking and dealing with someone who could care less about my plight. Checking your posts on the web gave me a better understanding of your business. Yes, you could probably claim a high completion rate and brag about satisfied customers but according to your requirements you only take on customers who are well-heeled and have the money to settle and who also have a lot to lose if they don't get relief. Take on a few who have lost their jobs, have health issues that make it so they can't work or get work, had their house foreclosed on or have 50k+ debt without having a dime in savings or nothing left to give to the blood sucking financial establishments. Get some relief to the seniors who are paying 29.9% interest for their groceries and can't afford vacations since they are being buried by taxes and horrendously high medical bills and co-pays. Go ahead take on those 5-10% of the cream of the crop and try not to pull the rug out from under us who are trying our best to deal with the debt that we acquired through mis-management or misfortune.