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legaleagle2012

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  1. I have it in writing that upon receipt of this amount the balance will be forgiven and I will be released from liability as to the balance. This is more than enough to convince any judge that the matter is settled to the satisfaction of both parties. One would logically assume that the credit reporting should reflect this. this OC has an arb clause in their card member agreement and a clause that If I am awarded any amount above a proposed pre arb settlement I automatically get 7500. This ^^^^^^^^ Just the cost of arb (5-6K startup for them) should be enough to get them to properly update.
  2. Considering we don't know where you live, (should be mandatory for any poster, this is maddening and leads to readers passing on the thread) check your SOL. This is going to hit the 6 year mark in 4 months, which puts it past SOL in most states.
  3. Read Zortman. "Details" do not mean they have to sit there and give you the amount, etc. All it requires is what the judge in Zortman said. Actually, your DD would have grounds to sue, not you, since she is the affected consumer and you are not.
  4. only an incompetent person would pursue litigation without properly evaluating the circumstance and fact of a particular case We go with the little info they give us. Voicemails and emails are just as good as a live conversation; in fact, even better in some respects because it eliminates "he said she said" arguments. A prominent debt buyer sent me a very detailed email discussing all details of the debt they had purchased. That email cost them a LOT of money because it was clearly visible to anyone who happened to look at my computer. It is not MY obligation to protect a debt buyer from violating the FDCPA; it is their obligation to assure that they do not commit any. In this case, no great amount of study is required. The "debt collector" left a voicemail discussing the details of a debt with a third party, in clear violation of the FDCPA. If they are too stupid to find out where their victim actually lives, too bad for them. When in doubt, don't call and blab about the debt in a voicemail when you have no idea who might hear it. Now before somebody from Texas throws out another "incompetent" remark, at least one Circuit (mine) has ruled on this in a related type of case. In Cerrato v. Solomon & Solomon — F.Supp.2d —-, 2012 WL 6621339 (D.Conn. 2012), Judge Hall found that a debt collector violated a consumer’s cease-and-desist by making 8 attempts to call the customer after the cease-and-desist, even though the customer never answered any of those calls. The Court analogized to Foti‘s holding that voicemail messages were ‘communications’ under the FDCPA, and found, therefore, that call attempts and identification of the calls on the caller ID constituted debt collection ‘communications’ under the FDCPA. Also, in Zortman v. J.C. Christensen & Assocs. (2012) "The court described the crucial elements as a message that did no more than “merely identify the caller as a debt collector”, without “identifying the intended recipient of the message, [or] reveal[ing] that the intended recipient owes a debt…” In other words, a message must reveal the fact that someone owes a debt before it violates third p[arty disclosure, which happened here. It appears that there is enough here to constitute a violation.
  5. Check the court docket to see if a court case actually exists. If it does, sue the debt collector for an FDCPA violation, discussing the debt with a third party. They are allowed to call a third party once for location information only, but it appears they went beyond that. They could only discuss the debt if she was a minor.
  6. Look at it this way .... if they don't have the account number, they cannot prevail in a suit.
  7. https://www.cashnetusa.com/terms-of-use.html Read the arb pinned topic. It contains the template you need for court. No debt buyer is going to pay 5-6K in non-recoverable startup fees to chase 4K. Scroll down the cashnet agreement and read the arb section.
  8. There have been decisions both ways on that; revocation is not mentioned in the TCPA. Another avenue of attack would be a simple cease and desist, bringing the FDCPA into play if they call, text, or send smoke signals.
  9. There is plenty of case law out there that clearly points out that unsolicited text messages w/o prior consent to a cell phone violate the TCPA. Maybe the idiots who write these articles should try reading the CFR.
  10. What was on the invoices? Actual shipments or service charges?
  11. Do you really think it's worth a legal battle for an extra $18.00? If they sue you, which they might do if you get snippy with them, you'll have court costs and atty fees added to that $88.
  12. Banks aren't too concerned with your credit score. They like to have things paid off to remove the possibility of a suit and a garnishment, which could impair your ability to make the mortgage payments. Remind the dude that one of these is SOL and you cannot be successfully sued, so there is no upside to paying it.
  13. Something to look at ..... 31K car loan, 5K balance. That adds up to 26K in equity minus some depreciation. You owe them 25K from another loan. Absent a contract to read, we can only guess as to what they can do about that situation. Knowing how banks protect themselves with contracts, it doesn't look good.
  14. I go by what the OPs post, as we all do, and assume with a modicum of caution that what they post is accurate. If pieces of the puzzle are missing, that is on the poster; IE the court affidavit of service in this case. Nobody ever gives us proper information, yet they expect to have all their problems solved here.

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