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legaleagle2012

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  1. CFPB likely has no jurisdiction over a utility company. Comcast has private arbitration in their agreement. I suggest you use it. Let's see if they want to spend $4700 in startup fees chasing $500. I bet they won't. https://www.xfinity.com/Corporate/Customers/Policies/SubscriberAgreement
  2. The FTC site says you MAY choose to file a police report. It is not mandatory. You are in federal court following federal guidelines. State law is moot at this point, I should think.
  3. Send them a debt validation letter. If they are out of business, most likely they have no records available to prove the debt. You may have to sue them to get this far, but your goal is to make them produce a lease with your signature on it. They won't have one, of course, so they are collecting from the wrong person. That is an FDCPA violation and prob the FCRA and state laws. See a consumer attorney, he'll get his fees paid by them.
  4. Check your CR, Midland is a debt buyer, not a collection agency. This will not work with BofA, they do not have arbitration, they removed it in 2010. Just read the agreement for whoever you have after you.
  5. Yes to both questions. Verbal is accepted in most circuits, but written is always better. That way you avoid them lying about what you said to them unless you record the conversations.
  6. Considering GM Financial is in Texas and MN has a borrowing statute, you may have messed up by signing that agreement. If they took no action within four years of your original default date, you could have invoked the statute. MINNESOTA Section 541.31, also known as the "borrowing statute," provides, in pertinent part: (a) ... if a claim is substantively based: (1) upon the law of one other state, the limitation period of that state applies; or (2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies. (b) The limitation period of this state applies to all other claims.
  7. CR is a separate issue. "A friend of mine" did this to Midland; they do NOT want to have to got to federal court and explain to a judge why they refuse to honor their own contract. When they make you an offer to leave them alone, make CR deletion a condition since they refuse to prove the debt is owed to them. 3-4K is about right for go-away money.
  8. Yes. JAMS will notify the other party. I would suggest printing out a couple of extra copies and send them one just to be on the safe side. There's a 98% chance they will not arbitrate, then you can threaten to take them to federal court. Usually that's when they pay you to leave them alone.
  9. Correct. LVNV is a debt buyer, Credit One is out of the picture. They are both part of the Sherman Group. The agreement should be at the CFPB.
  10. Read the pinned topic on arbitration. The card agreement will say which arb company they use. Go on line and file a case with that company. They will probably refuse to arbitrate because the initial fees for them are five times the debt. Keep us posted.
  11. Doesn't matter about their envelope. Open a case against them and follow the instructions. It's easy.
  12. These companies are something. Remember Goldline? 18% in and 18% out. Gold would have to go up about 50% in value just to recover those fees. Why do you have to use one of these companies to buy gold? Why can't you buy it directly from a guy like Parker Schnabel? The guys hiding in their bunkers predicting the end of the world make me laugh; they think that because they have some gold, Stop & Shop will magically reopen with full shelves. If the dollar goes to zero, so does gold, because we value it in dollars. How much gold would it take to buy a loaf of bread in a doomsday economy? And who would sell it to you anyway?
  13. I was "assuming" this is supposed to be the same account reported by all three CAs, but the dates are so far off I suspect it may be two accounts. I don't think payments change the DOFD or the 7 year period, just the SOL in some states.

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