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VBROWN911

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About VBROWN911

  • Birthday May 18

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  1. In your case let it ride out it's only one but....... Question is what state you live in then check your states laws governing collection and in this case inquiry's by collections. Maybe this will help. FRCA says; FCRA § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (a) In general. Subject to subsection ©, any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (F) otherwise has a legitimate business need for the information (i) in connection with a business transaction that is initiated by the consumer; or (ii) to review an account to determine whether the consumer continues to meet the terms of the account. 9th circuit courts say; The 9th Cir. ruled that it WAS a permissible pull under the FCRA if related to the “collection of an account.†FCRA, 15 U.S.C. § 1681b(a)(3)(A); see, e.g., Edge v. Professional Claims Bureau, Inc., supra, 64 F.Supp.2d at 117-119; see also Hasbun v. County of Los Angeles (9th Cir. 2003) 323F.3d 801, 803-804; Korotki v. Attorney Services Corp. (D. Md. 1996) 931 F.Supp. 1269, 1277. They clearly held that “permissible purpose†thus exists under the FCRA § 1681b(a)(3)(A) for pull of a credit report by a CA within the 9th Cir. The 9th circuit embraces California, Alaska, Hawaii, Idaho, Montana, Nevada, Oregon, and Wahsington St. Opinions by the 9th Cir. Court of Appeals are only precedential and binding case law upon the District Courts within their jurisdiction. Other circuits are not bound by such decisions as binding precedent within their jurisdition. That is why we have a Supreme Court. But other Circuits listen, and will be led by the judicial guidance of their sister circuits. You can accept as precedent, binding or advisory, that a CA may pull a CR as being associated with a legitimate business transaction under the FCRA.
  2. Does anyone think that Time Warner which is month to month billing falls under FCBA laws? IF so does this statue allow me any leverage in term of NEVER receiving a statement of the alleged debt? Sorry if is a long shot just doing some investigations? Help would be appreciated. § 161. Correction of billing errors If a creditor, within sixty days after having transmitted to an obligor a statement of the obligorÂ’s account in connection with an extension of consumer credit, receives at the address disclosed under section 127( (11) a written notice (other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 127(a) (8)) from the obligor in which the obligor— “(1) sets forth or otherwise enables the creditor to identify the name and account number (if any) of the obligor, “(2) indicates the obligorÂ’s belief that the statement contains a billing error and the amount of such billing error, and “(3) sets forth the reasons for the obligorÂ’s belief (to the extent applicable) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct— “(A) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( is taken within such thirty-day period, and “( not later than two complete billing cycles of the 3 15 USC 1666. Ante, p. 1511. Ante, p. 1511. PUBLIC LAW 93-495 - October 28, 1974 creditor (in no event later than ninety days) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph (2) either— “(i) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditorÂ’s explanation of any cage in the amount indicated by the obligor under paragraph (2) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligorÂ’s indebtedness; or “(ii) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligorÂ’s indebtedness. In the case of a billing error where the obligor alleges that the creditorÂ’s billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination. After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error. “( For the purpose of this section, a ‘billing errorÂ’ consists of any of the following: “(1) A reflection on a statement of an extension of credit 4 Definitions. PUBLIC LAW 93-495 - October 28, 1974 which was not made to the obligor or, if made, was not in the amount reflected on such statement. “(2) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof. “ (3) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction. “ (4) The creditor's failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor. “(5) A computation error or similar error of an accounting nature of the creditor on a statement. “(6) Any other error described in regulations of the Board. “© For the purposes of this section, ‘action to collect the amount, or any part thereof, indicated by an obligor under paragraph (2)Â’ does not include the sending of statements of account to the obligor following written notice from the obligor as specified under subsection (a) if— “ (1) the obligor's account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph (2) of subsection (a) and “ (2) the creditor indicates the payment of such amount is not required pending the creditor's compliance with this section. Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error. “(d) Pursuant to regulations of the Board, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( (ii), restrict or close an account with respect to which the obligor has indicated pursuant to subsection (a) that he believes such account to contain a billing error solely because of the obligor's failure to pay the amount indicated to be in error. Nothing in this subsection shall 5 PUBLIC LAW 93-495 - October 28, 1974 be deemed to prohibit a creditor from applying against the credit limit on the obligor's account the amount indicated to be in error. “(e) Any creditor who fails to comply with the requirements of this section or section 162 forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph (2) of subsection (a) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed $50[/size]
  3. I will check it out brother thanks.
  4. BUMP, sorry need a little help.
  5. Unfortunately do not must of lost during move. do I have any leverage do you think in regards to lack of communication of debt prior to turning over to CA as well as derogatory remark (collection on CR)?
  6. OK need some help VETS . I have had a clean reports for two years now thanks everyone that helped here on creditboards. Time Warner Cable is attempting to ruin that but I hope I have some course of action (legal), please let me know. I moved from apt to house SEP 09. Took all of my equipment back to Time Warner Cable, and asked for new service to be established in new House. They gave me receipt then I left, the following week installers cam and installed all new service with new equipment. Billing for monthly service continued as normal (CABLE IS WAY TO HIGH $140 month). Fast forward to Mar 17, 2010 my Truecredit e-notifier lets me know I have a new collection on my EXPERIAN (only so far) which is CBA COLLECTION BUREAU out of HAYWARD CA. for $81. At the time I was notified by the credit alerts option I didn't have any ability to pull fresh report due to only one tri-merge pull a month. So I sent the 1-2 punch both Experian and CBA Collection Breau (validation) certified letter return receipt. Experian received the letter on 4-23-10 and CBA on 4-21-10. So I know Experian should be responding in the next 12-13 days. CBA COLLECTION BUREAU sent my letter back because they said they could not locate my account number, is that legal? I sent with NO ACCOUNT NUMBER BECAUSE I DIDN'T HAVE IT YET due to not being able to pull my tri-merge at the time I sent. **4/4/10 When I finally got a hold of what I owe $81 it is for a missing modem from when I turned everything in Sep 09, the service/billing location I turned it into closed and they have no record of me turning it in hahahaha (rains pours)** Oh also I called Time Warner the OC and they stand be the fact that I owe them 81 dollars while acknowledging that they did not notify me of any delinquency on my account also allowing my services to go uninterrupted still to date. ughghghhhh I hate stupidity. What course of action should I take next besides waiting on the Experian results? Is Time Warner legally at fault for anything such as illegally reporting collection as they never tried to previously collect on (NO NOTIFICATIONS/ NO CANCELLATION OF SERVICE/ AND NO ATTEMPT TO ATTACH TO MONTHLY BILL ? Thank you in advance CB Family
  7. Net 30 or Revolving? Thanks
  8. Congrats and with only a soft pull continue and so will your success. Orchard 1100 my wife has had for like 5yrs and still 500
  9. Congrats and with only a soft pull continue and so will your success. Orchard 1100 my wife has had for like 5yrs and still 500
  10. I would apply for partners First Visa, they are very generous no doc's. As far as I have seen they are EQ exclusive as they pulled only my EQ and report only on my EQ. Although I am in Cali but I have heard others state EQ only as well. Best of luck
  11. All you have to do is go to the website rip off report.com and punch in tradeline or seasoned, and boom the terrible stories 8k,10k, 12k spent nonthing recieved then all the worry and talk about suing the phantom person you sent your money to. Short answer NO easy answers in credit tough it out and stay persistant. We are with you brother. God Bless
  12. Thank you for everyone who contributes(wish I did more), you make all of us more informed. So I tryed to input, into creditpulls database but didnt find the way. But PARTNERSFIRST(They pull EQ in CALI) just extended $20,000, which was so SWEET. Well they issued $15,000 then I requested a CLI, they asked amount I said MAX . It has been a while since I applied for anything the last was a LOC with Penfed requested $30,000 and they countered with $3,000 (Reort they pulled was 750) needless to say I said no thank you then attempted to delete inquiry with EQ . However I am hoping that this wont't be a negative effect on my other cards, that do soft pulls monthly have been hearing alot about CLD and Closing of accounts. But hoping my reccurring donations online $2 each card eliminate the Closing factor but there is nothing we can do about CLD, man they suck
  13. Way to start the New Year, I woke up checked my Equifax was supposed to be clean as i have spent the last year gettting it right and then the first thing i see when i log in is score change; 75PTS 75 PTS SH*t Score Change 01/02/2008 View/Hide Details Your score has changed from 753 to 673. View alert details for more information about why your score changed. Your FICO® score has changed such that it moved into a new score range and changes the interest rate you may qualify for. You may configure how you are alerted on balance increases by updating your Alert Preferences. needless to say I FREAKKED OUT , well I call the company that put the collection on my account, Company: RAINIER COLLECT SERV. INC Account Number: 3**** Balance Amount: 231 Status: UNPAID OC/ NORTH SOUND EMER MED PACIFIC and come to find out I went ot the emergency room in Washington state, Everett Medical Center march 20, 2007. They gave me two bills one for medical center and one for the doctor. Well I never recieve the bill for Doctor and go back and forth with the medical center about payment thru my insurance and finally end up setteled with them. Never recieve the bill from doctor, at same home address that was given by medical center!!!!!!!! Ok sorry about rambling well..... The OC/ NORTH SOUND EMER MED PACIFIC says that even when the bill is payed by the insurance it will only change to payed status rather then be removed Can anyone help with any suggestions, pl thanks
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