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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. 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.
  7. SOL in VA is 5 years, as is ID where SHE lives.
  8. 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.
  9. 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.
  10. 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.
  11. 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!
  12. NO - you've just been giving them free storage of the vehicle for the last 2 years.
  13. 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 !
  14. . 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.
  15. 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.
  16. 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?
  17. 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.
  18. 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
  19. NO! Leave them alone. As long as they are there, they represent history, a positive history. You are more likely to DING your scores by closing them than you are to just leave them alone.
  20. Ok, I'm stunned ! It wasn't on CNN.com before I left work -- wow. Now, I'm not a MJ nut by any means, although a did like his EARLIER stuff.. before he went 'round the bend, he had some great stuff. Farrah Fawcett wasn't a shock, but this sure is. We're not gonna hear the end of this for DAYS, if not weeks!!!
  21. You might want to read this article: http://www.creditlawnetwork.com/debt-settlement-an-idea-whose-time-has-not-come/
  22. I'm shopping around for a credit card and see that RBC offers a decent rate on their Visa Rebate Platinum card - 6.74%, no annual fee. RBC is Royal Bank of Canada, so it's a big bank. I have to break down and get one major credit card, I hate it, but that's they way it is. My scores are 720-750, which puts me in the 'good' category, not bad for 4 years post-Bk and the bk is the ONLY negative. I've maintained a perfect record since the BK - and didn't have or use CC's for almost 3 years before that. Anyway.. I may have to go secured, but will NOT consider BofA because that's where I bank and it is a self-imposed rule, no CC's from a bank where I do my regular business. I also won't entertain Crap1, they will never, ever be in my wallet.
  23. If the account was not in charge-off status BEFORE you filed, they cannot report it as a charge-off AFTER you filed, especially when it was never even late !
  24. Nope, it doesn't matter that it was dismissed. The mere fact that a BK was filed at all is the piece that any creditor in the future will look at. PACER is the Public Access to Court Electronic Records - http://pacer.psc.uscourts.gov/pacerdesc.html BK cases are filed electronically, and all documents that are filed, all motions and filings, are noted and tracked in PACER. You can follow a case from beginning to end. If you have filed bankruptcy, you can literally watch the progress of your case - or anyone else's for that matter. Unfortunately, it will not help you with a dispute. The filing itself is a matter of public record.
  25. I got a couple the other day, and again today - no messages, just notifications.
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