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legaleagle2012

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Everything posted by legaleagle2012

  1. Just send them an intent to sue letter and cite the applicable part of the FDCPA. That was all I had to do.
  2. By trying to evict for nonpayment, they are alleging you violated your contract with them. On the other hand, it is reasonable to countersue for the same, since any lease agreement should be assumed under the law to provide hot water. As others suggested, get a lawyer who specializes in this field.
  3. You could give them a problem over the email. They take their chances when they email people because they never know who might see it. People often grant access to their email to others, leave the computer on, etc. If a third party sees that email and it makes trouble for you, they could be on the hook for a third party violation. I used that once very successfully.
  4. I would love to know how Marv got Boost to work. I spent half an hour on Experian's site and let them accesss my account. It is the only account I have used to pay ALL personal bills since 2008. They came back with something like "sorry, we can't find any eligible bills in this account."
  5. Ask them for the picture. That's usually the only way they catch toll scofflaws.
  6. Look up "traverse hearing" for NY. There may be a time limit on filing, but generally subject matter jurisdiction can be invoked at any time in the proceedings. If you were not properly served, the court does not have jurisdiction. Judgments issued without jurisdiction are invalid.
  7. You have to get them to agree to a pay for delete, in writing.
  8. Maybe you could request that they send a new card to your local branch and you can pick it up there. No interception that way.
  9. Lenders are more concerned with unpaid accounts that could turn into judgments, etc, impairing your ability to pay. If and when you apply, just tell them what happened if they ask. If that's the only blemish on your report, it should not hurt you. Meanwhile work on Citi. Ask them to mail copies of all the invoices you never received.
  10. Well, they can't levy what isn't there. It isn't illegal to withdraw your own money. They might get tired of chasing after you considering it costs money every time they do. Offer them a hundred bucks a month; you never know. They might just take it.
  11. Well, they can't levy what isn't there. It isn't illegal to withdraw your own money. They might get tired of chasing after you considering it costs money every time they do. Offer them a hundred bucks a month; you never know. They might just take it.
  12. The part I cited is from the current version amended Nov 2021. The itemization date can be the last statement date. I think they gave him all that is required. Anything further can be had in discovery. The itemization info, etc appears to be on page 4 of the letter they sent him.
  13. You're wasting a lot of time on something that is virtually meaningless in court. Validation on a scale of ten is about a minus one; unless they flagrantly failed to give you any information, it is generally useless. Once they sue you, which they can do any time they like, the discovery process replaces validation.
  14. Verification comes after validation. Verification is nothing more than sending the same information again if it was complete the first time, which it was. Again, tell me what they could send that wasn't in the first notice.
  15. You are arguing about something that hasn't even happened, and trying to shift the burden to the debt collector when disputing is the consumer's burden. That letter contains anything and everything that could possibly be required. Name something it doesn't have. Your case law just repeats what the ststute says. The statute states a copy is just fine: § 1006.38(c)(2) (2) Response to disputes. Upon receipt of a dispute submitted by the consumer in writing within the validation period, a debt collector must cease collection of the debt, or any disputed portion of the debt, until the debt collector: (i) Sends a copy either of verification of the debt or of a judgment to the consumer in writing or electronically in the manner required by § 1006.42; I take that to mean they can resend the verification information they already gave him. Stuff like this never goes anywhere in court, especially with a JDB who has been sued numerous times for this in the past, and finally desisgned a bullet proof letter. The judge will just look at him and say "exactly what is it they didn't tell you that you need to know?"
  16. It says: (a) NOTICE OF DEBT; CONTENTS.--Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing-- The letter they sent him contains all of this. They do not have to send another one. If he DVs them all they will do is send a copy of the letter, then sue him. Any argument to the contrary is then moot. Come back on the 29th and see if he DV'd them. The letter satisfies this standard: The validation notice "must be large enough to be easily read and sufficiently prominent to be noticed" - Swanson v. Southern Oregon Credit Service, 869 F.2d 1222 (9th Cir. 1988).
  17. Read the FDCPA. All they have to provide in DV is the name of the creditor (them) the name of the original creditor if you want it, and the amount. That is all. They do NOT have to respond to a DV request if they already satisfied the requirement.
  18. They usually send them the complete file for any accounts they purchase. If you want something specific, you have to file a discovery request.
  19. It isn't unlawful to sell your account, get that out of your head. They have already accomplished debt validation, since you know who they are and how much they want. It is not a violation to threaten to sue or actually sue within the thirty days. Debt validation is YOUR burden, not theirs. (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; Did you read the FDCPA? Your lawyer is going to tell you the same thing.
  20. Sure, If you don't believe what is right in front of you, file a motion with the court.
  21. Assume they do; they don't advertise stuff like this. Also be aware that lying on a credit application to a federally insured institution is a federal crime.
  22. ;(2) upon failure of the Applicant to satisfy the terms of the agreement; or (3) at the option of the Applicant or of Navy Federal with good cause. Navy Federal has the right of assignment of this agreement. Assignment means they can sell it.
  23. PRA has that delete promise right on their site. By paying, you have entered into a contract. If they don't delete, that breaches the contract. Two guesses what happens next. They are NOT that *Admin prohibits insults that reference an individual's intelligence.*.
  24. No, they would have to take some type of action against you in a letter, etc., or by actually filing a suit.
  25. What legal action? You said it was charged off in 2011. which is beyond any SOL. If they hire outside counsel and they come after you on a time barred debt, sue them.
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