LadynRed

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Everything posted by LadynRed

  1. Nice update on the forums , long overdue.
  2. Ok, it's Monday... did it get pushed back again?
  3. If it were me fighting these scumbags, I could see going that route, but my sister would never survive in court on her own, she doesn't have what it takes to even begin to wade into it. Since she's in NY and I'm in TN, I can't exactly help her by going to court with her should that happen, and she can't afford a lawyer. The OC is Target, utterly useless people. Given what she sent them on the scam, they COULD have done a real investigation, but they basically ignored it all. The account was charged-off earlier this year, so they've washed their hands of it. There are some issues with the 'timely dispute' part, she waited months, but it took her that long to admit that she'd been scammed and was in trouble, when she finally asked for help. Right now, she needs to invoke her rights and we'll have time to put together the information on the fraud for the continuation of the dispute to get out from under this mess.
  4. My sister is having to deal with Upton & Slamowitz for a debt that was due to telemarketing fraud. She was taken for a good bit of money and the OC just would NOT do a proper investigation when she contacted them about it. Their 'investigation' was perfunctory and quite pathetic, despite volumes of proof they were sent that it was a complete scam and utter fraud. The Secret Service investigated these telemarketing scumbags, and the AZ AG has recently filed charges against multiple shell companies and numerous people involved in the whole racketeering scheme. Soo.. I'm going to help her with the DV and this whole nasty process. I have to get caught up myself, it's been quite a while since I was into this kind of swamp. Any info or insight etc. on this CA and their current practices? I like to be prepared (Wonder what happened to "Cohen".. used to be Upton, Cohen and Slamowitz?? )
  5. Excellent, just what I needed. I need to brush up so I can help my sister deal with a CA.
  6. Wow.. so sad, much too young He will definitely be missed. I learned so much from him.
  7. Technically, the car was included in your bankruptcy, regardless of the reaffirmation. Post-bankruptcy, the voluntary repo is probably a bad idea, it can go on your CR as a repo.
  8. SOL in VA is 5 years, as is ID where SHE lives.
  9. From CreditSlips - http://www.creditslips.org/creditslips/2010/12/new-rule-requires-that-colelctors-disclose-that-a-debt-is-time-barred.html New Rule Requires that Collectors Disclose that a Debt is Time-Barred Not too surprisingly, people are less likely to want to pay a debt that they can no longer be sued on. This fact has caused one state to require disclosure that a debt is time-barred, in order to comply with the state's unfair practices act. More specifically, the New Mexico Attorney General just released a rule requiring debt collectors to determine whether a debt is time-barred and to disclose this fact when collecting time-barred debt in New Mexico. The rule defines time-barred debt as "any debt that is not enforceable in a judicial proceeding because the applicable statute of limitations has run."A copy of the final rule, as well as the Attorney General's statement regarding adoption of the rule, is available here. For a little more information on how this came about, see this article by UNM psychology Professor Tim Goldsmith and I. We are thinking a few other states might follow suit.
  10. They cannot sue you again over the same debt - that would be the civil equivalent of double jeopardy, "res judicata: one can have only one trial for claims arising from one transaction or occurrence.". They would, however, have to go thru further legal proceedings to renew the judgment AFTER it has expired, rather than just filing papers to renew an existing judgment.
  11. Greed got the best of them.. now you can only get a true FICO score from FICO. From the horse's mouth:
  12. They ARE properly reporting it is 'included in bankruptcy', and they don't appear to be listing any amount due - so where's the violation?? I don't see one here at all.
  13. If you still had more debt than assets when those debts were settled, you were already, technically, bankrupt (insolvent), so you still may not have any additional liability for those 1099-C's.
  14. That's not a good idea. You can't keep secured property w/o paying for it - and it's not a 'free' car because the credit union still holds the title - and they always will. Call them to come get it - or have it towed to their location, leave them the keys and walk away - it's THEIR vehicle!
  15. NO - you've just been giving them free storage of the vehicle for the last 2 years.
  16. Yes, the loan WAS secured and THEY should have picked up the car. Why did you even keep it, or think you could?? Even in bankruptcy, you can't keep secured property without paying for it and if you're not paying for it, it needs to go back to the creditor. Give them back the vehicle - drop it off or make them come get it !
  17. Experian is doing the same thing, at least they have to me the last few years. I NEVER get a report on-line thru EQ or EX anymore, they always have some excuse to deny it. Then you have to jump through hoops to get them to send the paper report, it's bullhockey. TU gave me crap when I went to claim my 8 months of free monitoring. The "big 3" are doing anything they can to keep people from getting their reports as allowed by law - their way of flipping the bird at the law altogether - since they hate it so much that we can even HAVE our reports!
  18. . Unfortunately, that isn't likely to be true any longer. The FHA is changing the rules and they won't be so BK friendly any more.This from a after-bk newsletter I get: You might have a chance if you try before the changes hit.
  19. BofA isn't going to make exceptions because you are in Ch 13 - if your payment is late, you WILL be charged a late fee - it's in the terms of your mortgage, and they will also report it to the CRA's, also in your mortgage terms. Late is late, and the banks don't care. By the way, your mortgage IS in your Ch 13, it has to be, you're just paying the mortgage yourself rather than thru the Trustee.
  20. It used to be called a "chapter 20", but I don't know about that 'partial' Ch 7. Why don't you qualify for Ch7 all the way?
  21. Ok, not really a credit 'article' per se, but pretty good read.. and rather entertaining. http://bankruptcybill.us/category/cartoons/bapcpa-man/ BAPCPA-Man fights against the evil Credi-Tors and Morgantua. You can even find Morgan Tua and BAPCPA Man on Facebook..
  22. Depends on your exemptions and the REAL value of the truck. Get a quote on it. It may be worth less than you think, and you may be able to exempt it entirely.
  23. True enough. However, having a low credit score, or even bad credit, is not necessarily indicative of poor responsibility either. Those people that lose jobs, and their health insurance with it, then need healthcare and wind up with their finances in ruin should not be tagged as 'financially irresponsible' because I'd bet for the most part they probably aren't. You could also have a perfectly responsible and respectable person with great credit turn into a thief for reasons that are not readily apparent, it happens. I don't believe that denying someone a job because you don't like what their credit looks like is the way to do things. It's almost as bad as the car insurance industry who says I'm suddenly a bad driver because I filed for bankruptcy - when I've had a clean driving record for more than 30 years!!!
  24. If you're in the market for credit, or looking at why your score went down: http://www.bargaineering.com/articles/fico-risk-factor-reason-codes.html
  25. Yes, they're favorite kangaroo court, NAF, has quit, but they finally are taking the nasty arbitration terms out! http://www.reuters.com/article/marketsNews/idINN1326119520090813?pageNumber=1&virtualBrandChannel=11584