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Everything posted by legaleagle2012

  1. Actually you don't need the letter, just file the case. When you do, print out a copy and mail it to them. AAA will do the rest. It usually takes 60-90 days for them to close the case for non-payment by PRA.
  2. Nope. You were notified by the OC, that's all you need. Do it pronto.
  3. If they never dunned you, the FDCPA was not triggered. Even if they had, they gave you the name of the creditor and the amount, so they satisfied the statute anyway. The state statute requirement appears to be the same. There is nothing on the MI PUC web site about cable TV, that is usually regulated by the FCC, not the state or the CFPB since Comcast is not a financial institution. Don't waste your time with this, I told you how to get this resolved.
  4. They hire these firms for a reason......they don't want to sit there and talk to disgruntled customers all day. Deal with Convergent. According to their web site, they are a debt collector and not a debt buyer. I got one word for ya.............ARBITRATION. Do it before they sue you.
  5. Tell them via letter that you intend to exercise the private arbitration clause in the Synchrony agreement. Go to AAA and open a case. It will cost you $200, which you can later get back from PRA when they refuse to arbitrate because of the cost. Read the arbitration pinned topic, and study up onthe federal Motion to Compel Arbitration. Do this right, and PRA will be paying you, not the other way around.
  6. Agreements are at the CFPB except for 2015. You need the one for the year the alleged default took place.
  7. It's a paid account. You admitted to the debt by paying it. If they are reporting them as paid, what are you going to dispute? Mortgage companies are more concerned with unpaid chargeoffs that can result in a lawsuit / garnishment, which impairs your ability to make the payments. If they want only pristine people with no negatives, they won't be writing too many mortgages.
  8. If you have been provided the name of the OC and the amount, they satisfied debt validation. Next step: find the agreements for those OCs and see if they have arbitration. If they do, file two separate cases against PRA. They will not arbitrate, the initial fees for them will be over 10K. They will offer to stop collections etc., then you threaten them with a Petition to Compel Arbitration in federal court. That's when they usually pay you 3-4K to go away and the debt is cancelled. Makes a a nice little part time business.
  9. Midland "steps into the shoes" of the OC when they buy this stuff. They inherit the contract, period. They cannot pick the parts they don't like.
  10. The SOL falls under the FDCPA if they knowingly sue you. Six or so states have laws requiring notification of an expired SOL. That doesn't mean they cannot try to get you to pay, they just can't use the court system without risking a violation. It's up to you to raise the defense and add a counterclaim. The FCRA covers reporting; mainly the accuracy of what is reported. The legislators knew that there are about forty some odd states with SOLs of less than seven years; the statute contains no language that says a debt cannot be reported once the SOL is expired.
  11. DV letters are a waste of time. All they have to tell you is the amount and the original creditor, which apparently they have already done. Verizon has a very interesting arbitration clause in their agreement. I suggest you read it.
  12. I didn't say he couldn't be sued or wouldn't be sued, I said an expired SOL is an absolute defense.
  13. Once the debt is beyond the SOL, that is an absolute defense against being sued. Their lawyers also face the possibilty of a countersuit for FDCPA / state violations. If you cannot successfully be sued, I don't see why any bank would want these things paid off. That has nothing to do with the FCRA.
  14. Rosenberg is out of Seattle, so I assume you are in Washington or maybe Oregon. SOL is six years, so this is dead on arrival since you state that it is not on the court record as a judgment. I too have never heard of a "tolling agreement." The SOL is normally only tolled if you leave the country. If you had merely moved, which you say you did not, they could have sued you where you moved to. The whole thing sounds fishy. There are several good FDCPA violations here if all this is as you say; I would go see a consumer attorney.
  15. What was the supposed overpayment for?
  16. 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
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.

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