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legaleagle2012

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  1. Settlement agreements are inadmissible in court. It does not constitute grounds for resetting the SOL in most jurisdictions. Just don't admit to the debt or make a payment. What is the amount? A settlement might be a lot cheaper than being sued and getting a judgment against you for the full amount plus court costs and legal fees.
  2. What are you trying to do here? One missed payment incorrectly posted (you must provide evidence of your claim under the FCRA) will NOT get removal in most cases. They are allowed to correct the entry. I doubt that correction will help your score any. Unfortunately, you lost most or all leverage by NOT negotiating removal when you settled. True, not every entity will agree to that, but you have nothing to bargain with now. They can report up to 7 years from the date they charged off each account.
  3. According to TILA, If they charged it off and stopped sending monthly statements, they have to stop charging interest. "The creditor shall mail or deliver a periodic statement as required by § 226.7 for each billing cycle at the end of which an account has a debit or credit balance of more than $1 or on which a finance charge has been imposed. A periodic statement need not be sent for an account if the creditor deems it uncollectible, if delinquency collection proceedings have been instituted, if the creditor has charged off the account in accordance with loan-los
  4. Who is Mercury? They come up as a debt collector, not a buyer. I never heard of a buyer by that name. That aside, you have some leverage ..... Barclay's has private arbitration. Do you think they'll spend 5-6K in startup fees to argue an interest rate? I know I wouldn't.
  5. The above from HDPorter is partly incorrect. In most states you have to make a payment to reset the SOL clock. Moot point since they already appear to have a judgment, so there is nothing to reset. Same applies to reporting, which has nothing to do with being sued. (different statute) Even if there was, settlement negotiations are inadmissible in Court as evidence of debt. That aside, who is stopping you from making a counteroffer? FL Chapter 90 Section 408 The Florida Senate —Evidence of an offer to compromise a claim which was disputed as to validity or amount, as we
  6. Default seems to be 2014, this should be off this year. They probably won't remove it unless you have a valid reason.
  7. For this amount these idiots will eventually sue you. $3900? Really? They shut me off about half an hour after my incorrect bill for $108.00 was ten days late. (they paid dearly for that) No way they would ever let a bill get that high from what I have seen. Sprint has private arbitration, and they are terrified of it. You should inform them of your intent to arbitrate BEFORE they file a lawsuit, and file a case with the forum in the agreement. The initial cost for them is around 6K (non recoverable) and it gets worse from there. Filing NOW stops them from using the court system
  8. No prosecutor in his right mind is going to try to lock somebody up for 25 bucks. The bank won't prosecute either as they have an adequate remedy at law and suffered no loss. (charge mumsy the fees if there are any)
  9. You sure you read it right? LVNV is almost exclusive with Credit One, not Capitol One.
  10. Probably not. Most BK attys will give you a free consultation.
  11. The debt is beyond the statute of limitations, so you don't really have to pay it. If they sue, which is unlikely, you can plead the SOL defense and get it thrown out. It's also a violation of the FDCPA in most circuits to sue on a time barred debt. Don't admit to it or give them any money, you could restart the SOL.
  12. Not only is it legal, it is required under the FCRA. You can't just say you dispute; you have to provide them with a valid reason and some evidence that you are correct. 1681 i (A)In general Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.
  13. See a consumer atty. Calling third parties is an FDCPA violation with few exceptions, so is attempting to collect a non existent debt. You could have state violations as well.
  14. Depends on where you live for starters, and if you think the debt is legit.
  15. "You are responsible for any use of your account by an authorized user or anyone else that you permit to use your account. You must notify us if you want them to stop using your account. You also are responsible for getting any cards, checks or other means of accessing your account from the authorized user. We may obtain and review your credit history from credit reporting agencies and others. We may, from time to time, obtain employment and income data from third parties to assist us in the ongoing administration of your account. We may also provide information about you and your
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