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  1. legaleagle2012


    The issue oin EDEh involved reporting before validation was sent as I recall. Thought his case might be similar.
  2. legaleagle2012

    CA sent Validation, what next!

    You might want to try private arbitration if T Mobile has it in their agreements. If they want to spend 5K in startup fees over $400, let them. I bet they won't. I dealt with one of their competitors on a billing issue, and the case ended with them writing a check, not me.
  3. US Bank has private arbitration in the in card agreements. Maybe the spectre of paying 5K up front in arb fees will generate the response you're looking for. There is no time limit on arb.
  4. legaleagle2012

    How to attack a CC CO?

    I haven't heard too many cases where Barclay sues. Changing the info isn't going to help your score any, so I would say let it go. If you're lucky, they'll sell it off to a junk debt buyer for 3 cents on the dollar, then you can use the arbitration clause in the agreement. You could also use it if Barclay sues; the initial fees in AAA for them will be $4700.00, and $1500.00 per day thereafter. Tends to make them think twice.
  5. If there are legit FDCPA violations, you should have used them yourself in a counterclaim instead of joining some class action that will net you a check you can cash in a gumball machine. See if you can withdraw from the class and countersue them. Also, see if the "retailer" has an arbitration clause.
  6. 6 months isn't usually long enough to warrant a dismissal, altho it is odd. The rules of procedure in all courts specify that things have to move along at specific intervals, usually 30 days for each step. Who is the original creditor, dates, etc.? Nobody ever gives us anything to work with around here.
  7. legaleagle2012


    Depends on where you live. The 6th and 8th circuits consider reporting to be collections under certain circumstances. Read Edeh v. Midland Funding. Are you sure ist's CACHE and not CACH? CACH is a junk debt buyer, they filed for bankruptcy in 2017. You need to tell us who the creditor is, dates, etc.
  8. legaleagle2012

    How to attack a CC CO?

    Provide them with proof of all of the above and they will change it for you so that it reflects the correct information. You are under the mistaken impression that they will remove it, which is highly unlikely.
  9. They can verify with the CRAs. The C&D only applies to you. There have been a few lawsuits in years gone by where people did exactly what you did, then tried to sue the CA for violating the C&D. Most judges view this as a cheap trick and the case gets tossed, but I suppose they are just covering their bases. I would rescind it, then when you get whatever you need send a new one. Also be advised a power of attorney does not come with a law license; be careful what you try to do.
  10. Are original creditor accounts subject to the same FCRA and FDCPA laws as collections agencies? OCs are not subject to the FDCPA, neither are internal collection people who work there. Outside collection agencies are. FCRA applies to all creditors. Not sure about the power of attorney thing, check with a lawyer, or maybe Centex will comment. He is a lawyer. Most likely you can help with the FCRA stuff, but you will not be able to do legal work for him. Power of Attorney does not come with a law license.
  11. legaleagle2012

    credit dispute collections/charged offs

    Who are the creditors? Banks? Credit cards? In or out of SOL? What is the reason for the dispute? "I don't like that fact that you messed up my score" is not a valid reason. (that's why they do it) Sending letters can be a waste of time; after the first verification is sent to you, further letters are deemed frivolous and go into the shredder. What the FCRA requires of you is proof of something being reported incorrectly. YOU have to supply the proof; they aren't going to do your job for you. Even at that, the creditor has the option of correcting the information being reported; they are not required to remove it. Removal has a much higher standard; you have to show that it is not your account, or that it is being reported after the 7 year period, things like that. Some creditors will do a pay for delete, but they are not required to. Read the FCRA so that you understand what is required of both parties.
  12. legaleagle2012

    Did Merrick sell my account?

    Well, in that case you won't have much of an FDCPA claim unless they threaten legal action. You have to deal with the OC, since all they hired the CA to do is collect money. Paying it off won't hurt your score; it may even improve it a little. Since it is beyond the SOL, you have a little leverage. If they want 25% or more they should be willing to delete to get it. Otherwise, they have no legal way to get anything from you.
  13. legaleagle2012

    collection dispute, need advices!

    Unfortunately, no. Not as I see it, anyway. You have no valid reason for a dispute. It was your account at the time the default occurred. The fact that you let someone else continue to use YOUR account is immaterial to the utility company. If you did not close the account when you left, that is tacit permission on your part for the roomie to use it. No judge will believe the "I didn't know" theory, neither will a CA. Even if they did, they would simply tell you that your beef is with the roomie, not the CA or the utility. Since the debt was eventually paid, all you can really do is try to get the utility to do a good will delete.
  14. legaleagle2012

    Credit One sold to LVNV

    Credit One and LVNV are owned by the same outfit. If you want to pay them, that's up to you. If you want to fight, file for arbitration BEFORE they sue you in small claims; the agreement prohibits it once they sue.
  15. legaleagle2012

    Did Merrick sell my account?

    They do not appear to be a debt buyer. What state? Several states require them to tell you if it's out of SOL. There is plenty of case law for suing on time barred debts; I would have some fun with them and send them a civil complain with an intent to sue letter for violating the FDCPA, etc.

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