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Found 58 results

  1. Hi Everyone! This is my first post on the forum, though I've been lurking for awhile. First, let me thank all those who are providing this fantastic service! I found your site after getting a letter from Midland inviting me to settle an alleged old credit card debt. I had never heard of Midland, wasn't sure what to do, and found your site while googling information on how to handle them. I'm so glad that I did! I have learned so much from you... including the fact that the debt they were writing to me about is outside the SOL. Needless to say, Midland never got a response from me. That was when I decided to pull my credit reports and begin my credit repair journey. I'm making lots of progress following the guidance of the awesome and knowledgeable people here on this site. Thank you again! Here's my conundrum: I had four alleged debts in collection with Midland. I disputed all four early March, and three were deleted. The other, however, was "verified." This one particularly peeves me because it is the very last negative item that will expire off my credit reports, so I want it gone. Today, I received a letter from Midland about this same alleged debt (account number and balance match what's reported on my credit reports, so I know they're referring to this account and not any of the deleted ones). Those cretins want "any documentation you may have that supports your dispute." This letter is dated last week. They "verified" it three weeks ago, but now, after the fact, want me to send them supporting documents! I've read enough on these forums to know better than to send them a darn thing, so don't worry about that. However, a couple questions... 1. What on earth are they thinking or trying to do? I could understand the strategy if they were doing this about one of the deleted debts, in order to try to get new evidence to allow them to resume reporting, but not one they claim that they were able to verify to the CRA's. 2. Is sending this letter to me after the dispute in any way illegal, and if so then how and which law would this be breaking? I don't see how they're getting away with reporting this debt to the CRA's as "verified" if they still need my help to prove it's real. 3. What should I do next? Should I redispute as "not mine" again, or should I dispute for some other reason like payment history, or should I try writing to the CRA's with a copy of Midland's letter as "proof" that Midland doesn't actually have validation of this debt, or is there some better course of action? I am very, very grateful for the advice and assistance.
  2. The AZ justice court granted my motion for summary judgment due to expired SOL. I'd like to sue the ATTORNEYS and Midland, but I'm not sure when the SOL starts. When I got the judgment or when they sued me? Does anyone have any case law?
  3. Hello, I have approx 3k in original medical debt from June of 2009. My question is - has the SOL exceeded on this debt? Quick back story: in 2009 I was unemployed, on Cobra. I had a major heart diagnostic scheduled for a Friday, fell ill with flu on a Thursday and the doctor said we should wait until the following week. He was not able to reschedule the test until the next Thursday. Learned shortly after that that my Cobra had ended Sunday night at midnight. It was not due to cancel out until the end of the month. I was seen on the 11th. Tried to work it out - no go with the medical group or Cobra. Left California in July of 2009. Now live in Kentucky. Recently began working on my credit. Of course, all of the charges from this debt/group are on there. I recently did a debt validation to the CA for all the invoices and today received them back. Their response to the validation also includes a demand for full payment and the letter states that all information obtained will be used for for the collection of the debt. I am confused about the actual amounts. One invoice lists the charges - then it shows a "Blue Cross Adjustment" in the payments/adjustment column - however when the debt was transfered to the CA, the full original amount billed by the hospital and doctors is what transferred for collection. Why would the insurance adjustment be removed? I am sharing this detail because I am unsure of how I can ascertain and verify the actual amount owed because their statement doesn't make sense to me. I wonder if anyone here has experience with this aspect of validation. Do I write another letter asking for further detail on the charges and adjustments? Before I do anything, I wanted to get help clarifying whether or not the SOL is exceeded. I appreciate any guidance you can provide. Thank you.
  4. Hi, I know there is some confusion to the OK SOL and depending on the judge how they will rule if a CC debt is account stated/written/oral/open ended. I was wondering if the laws changed after the default would the old laws be in effect? and does anyone have any good arguments or case law on account stated? I've been browsing cases through OSCN, justia, google scholar, etc and i'm just not coming up with anything very helpful for the state of Oklahoma (or in favor of the defendant anyways) Thank you in advance for any input.
  5. Been a while since I've posted folks and I now find myself in a situation where I feel I can get LVNV off my credit report with the right next step. Let me fill in some background. LVNV attempted to sue me in court for a debt that was ABOUT to pass the SOL. Got a summons, answered the summons showed up in court and went into discovery. The dirt bag lawyer they hired just looked at me like a little bug. I stared him down (I can be intimidating) and then he stopped the dirty looks. Left the court a bit worried. They answered discovery with the usual shuck and jive. They could not however, produce ANY documentation with my signature or any statements whatsoever. Court date was set. I had since left retired from the Air Force and could not make the court apperance. I then get a notice that the dirtbag laywer showed up and asked for 30 more days to gather more information. Judge approved since I was not there to object. New date sent. I still could not show. (Im in Texas and the case was in Nebraska). I then get a post card saying that the dirtbag lawyer drop the case without prejudice. They could not come up with anything on the original account. That was in 2011. Fast forward to today. The debt is now way past SOL. Guess what, tax time hit and they thought it would be a good idea to ask me to pay off the debt. I respond with the form ZOMBIE DEBT/DV letter CMRRR. They send me 3 letters all dated within 5 days of the experation of the DV. Each letter admits that because of the age of the debt they will not sue me. In their "Verification of Debt" they say this: "LVNV Funding LLC currently owns account number XXXXXXXXXXX. This account was originated by Citibank (South Dakota), N.A. and recently acquired from Citibank, N.A.. At that time the ballance was $6,000.00 (ish). As of the date of this communication, the account balance is $8,000.00 (ish). Because of interest, payments, credits, fees, and/or other permissible charges can continue the account balance to vary from day to day, you should contact us at 1-866-464-1187 to determine the exact balance." I then reply with this letter: March 12, 2013 ME My Addy. In TX LVNV Funding LLC PO Box 10584 Greenville, SC 29603-0584 Re: Verification; Re: Acct # XXXXXXXXXXXX To Whom It May Concern: Your reply to my request to stop reporting time barred debt was very vague in regard to a debt you allege to be in my name. You provided no proof that the debt is indeed mine. Therefore, I dispute the validity of this debt in its entirety. I would require the following as validation: Original documented proof of the date of last payment on this alleged debt The date of last payment on this alleged debt Original documentation/contract with my legal signature Original documentation that proves this allege debt is valid You indicated in your reply to me that you can provide the address of the original creditor. This proves nothing and as you know does not meet the criteria as validation or verification. You also acknowledge the debt is time barred yet you report it as a current debt when I do not recognize it nor have I ever claimed the debt was even mine. Now that I have disputed this debt you are required to stop reporting on it until you can provide the information requested above to prove the debt is even mine. Lastly, let me reiterate my last letter. Your firm was unable to provide in court validation of this debt. Since I have now disputed this debt as valid you must answer my requests detailed above. I keep a very organized account of all my financial records both past and present. Any documentation you provide will be easily researched and compared. Sincerely, Me I have just pulled my Cedit Report and see that LVNV is now reporting it as "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)." The TL is due to fall off mid next year. Now I'm at an impasse because from everything I've read here it says they dont have to really answer anything now. What would be my next step? Thanks for any help/advice guys!
  6. My question is in regards to SOL on a promissary note that was signed in December of 04. It was made on a personal student loan through Bank of America. Payments were supposed to start in July of 2007. The note was signed in Texas that is where I lived at the time and continued to live until I moved to Utah in Jan. of 2012. So my question is which state do I work the sol off of Texas 4 years or Utah's 6 years? Also when does the SOL start since no payments were ever made?
  7. Okay, I've been doing some reading on the Statute of Limitations for CC Debt and am a little confused about the length of time before the SOL runs for specific situations. Lets say a person lives in State A with a 5 year SOL on credit card debt. The person moves, during the same month of the default, from State A to State B, which has a 4 year Statute of Limitations. The person remains in State B until 4 years have elapsed. Are they afforded the affirmative defense protection that the shorter SOL offers them? What about the governing law of the CC Agreement and any referenced Choice of Law phrases? Thanks in advance for helping to clear this up for me.
  8. Hello guys!!! I sent a DV to Pinnacle Credit. They sent me a response, but the response came from APM Financial Solution. They included Pinnacle Credit like a Client. In my credit report appear the follow info about this account (Pep Boys Credit Card): Date Opened: 04/2004 Date Reported: 12/2008 Date of Last Payment: 11/2005 Status: Charge Off In the response letter they mark the account like "Statute Date: 11/15/209 Out of Statute" It is Out of Statutes or no? What happen if the account is out of statutes? They delete or no? My next step? Thanks