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legaleagle2012

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Everything posted by legaleagle2012

  1. It's not condescending, it's educational. If he thinks that's harsh, wait until he has to deal with lawyers.
  2. For those amounts, pay them off if you can and avoid the hassle of fighting with them. If they sue, you'll lose and get stuck with atty fees and court costs. Arbitration is usually used for bigger amounts.
  3. It won't cost him a dime if they refuse to arbitrate, which they will. They are not going to lay out 12,000 to chase 1900. When they refuse to arbitrate, he can sue them in small claims for his filing fees under a breach of contract charge. If he's knowledgeable, he can send them a petition to compel arbitration in federal court. That might result in them paying him to leave them alone. The last thing they want is to have to explain to a federal judge why the contract they are trying to collect under doesn't apply to them.
  4. Discover: Was a CO. Sent an OC validation letter This is your first mistake, and you repeated it several times. Instead of reading your credit report, try reading the FDCPA. Your homework assignment is to tell US what the mistake is you keep making.
  5. The statute of limitations does not always apply in arbitration. The SOL for the FDCPA is one year in case they ever commit a violation.
  6. I included that because it is in the agreement and refers to the governing federal law. (Arbitrators generally follow state laws in an actual arbitration) You wrote: arbitration is a contractual obligation, not a federal law. The poster was referring to what happens if they refuse to arbitrate. That falls under USC 9. Fact remains, the whole topic is moot because you have no FDCPA violations. If you think you do, post them here with the section of the statute they violated. You fool around with experienced lawyers when you don't know what you're doing and they will stic
  7. See if the original creditors have arbitration in the agreement. (most do) It will cost $200 each in filing fees for you; it will cost them close to 6K in filing fees each which they cannot recover. Think they'll do it to chase $800-1100? Do it BEFORE they sue you. Some banks prohibit arbitration for small claim cases.
  8. US BANK $2385 KOHL $369 DISCOVER $293 All three have arbitration. It will cost you $600 to file 3 cases, but highly unlikely they will arbitrate because the cost is five times what they can get if they win. Then I have these that are charged off with a zero balance that I DID NOT pay. Does this mean the debt was sold? Indigo Fingerhut Yes. They have arbitration, no JDB will pay 6K to chase small amounts. I also have a First Premier from 2014 for $545 That one is beyond the statute of limitations in Michigan.
  9. Yeah, that was real clear. I wrote a letter to the CA, can you tell me if this would get it deleted? I also wrote one to the Credit bureaus
  10. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. You need to start reading before you get yourself into a bigger problem. The above is in all Synch agreements.
  11. CC debt in FLA is 4 years, period, store card or otherwise. It is not an FDCPA violation to report. Also, arbitration forums are not always bound to follow state SOL laws.
  12. The fees are the same no matter how many respondents you name. Let THEM sort out who pays the fees. The bond underwriter is not a party to the agreement between you and Sprint. Only parties to the agreement can be subject to arbitration. You may get the argument that the CA is not, so read up on agency law cases for your state. Use the address in the Sprint agreement. You can explain the violations in the arb form in separate paragraphs. "As to Sprint..... blah blah blah. As to the other guy, same thing.
  13. Laws §§339.901 to 339.930) covers debt collectors and repossessors. This law, however, excludes attorneys, financial institutions (such as banks and other lenders) and real estate professionals amongst other entities
  14. I know Clomon is 2nd Circuit, but it has been used as a "persuasive" decision in so many cases in other circuits (cited 992 times) I lost track. (including the 5th) Gonzalez v. Kay, 577 F. 3d 600 - Court of Appeals, 5th Circuit 2009 "In reaching this conclusion, we relied upon the Second Circuit's decision in Clomon v. Jackson, 988 F.2d 1314, 1321 (2d Cir.1993). In Clomon, the Second Circuit held that a lawyer violated the FDCPA when he "authorized the sending of debt collection letters bearing his name and a facsimile of his signature without first reviewing the col
  15. The CA is an agent of the OC. You can pay them; what they do with the money is between them and the OC. Your obligation is satisfied when one of them cashes your check.
  16. Didn't you read the FCRA? That's basic research for any legal matter; read the applicable statute and then a dozen or so Appellate Court decisions.
  17. You wasted a stamp with that one. You negotiate a deletion BEFORE you pay, not after. A bunch of silly threats will only tick them off. They will probably just update it to paid status. You missed out on the biggest wrench in the toolbox.... Comcast has arbitration.
  18. The "failure to do so may result in .....continue collection efforts" puts them smack in the middle of an FDCPA violation. Notice it says COLLECTION efforts, not settlement efforts. They also give a deadline for payment to arrive, said payment triggering the "efforts." All this combined with a settlement offer is confusing to the "least sophisticated consumer." “The most widely accepted test for determining whether a collection letter violates § 1692e is an objective standard based on the "least sophisticated consumer." This standard has been widely adopted by district courts in
  19. Contact the license dept, they may be under a different name. Nothing comes up for LVNV or Resurgent, altho that site doesn't work very well. You could also email LVNV off their site.
  20. If it's a small amount, pay it and be done with it. This could still be within SOL depending on where you're hiding.
  21. Amazon is a host site like eBay. They operate on a commission and as a broker more or less. I'm sure they have lots of disclaimers in their agreement. You have to deal with the seller; I would not consider Amazon to be a third party debt collector since they are a party to the transaction. They always send me a picture of the goods in front of my door after delivery.... where's yours? Tracking info, etc.? Small items also come via USPS, some stuff they use UPS.
  22. https://www.ecfr.gov/cgi-bin/text-idx?SID=0afbb02660adbeacc74a0a93f6e8ff40&mc=true&node=pt16.1.660&rgn=div5#se16.1.660_13
  23. First rule of doing this stuff.....read the statute that applies. https://www.ecfr.gov/cgi-bin/text-idx?SID=10869f6d744f8f167ed40b568a123c36&mc=true&node=pt16.1.641&rgn=div5
  24. Send them a letter telling them that since they refuse to go to arbitration and prove the debt is theirs, they have no legal basis for a 1099, and if they send one, it's off to arbitration we go. If they refuse a second time, it's off to federal court with a petition to compel. I did that to them; eventually they paid me to leave them alone.
  25. Sounds like a confusing, needless strategy. Tabbing up a card then paying it off three times in a month means you already have the 3K. Why not just write some checks? It also raises suspicion as others have said. Besides, the billing cycle may not work fast enough to accommodate you.
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