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Fred030

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  1. After researching further, the huge gaffe caused a 23 million pay out in 2016 by nfcu because of these undisclosed debt collection tactics. The courts did in fact view it as a lack of disclosure. They are also notorious for locking clients out of their accounts to pay which is what happened to my family member. This is done so client is unable to review charges, interest, payments ect. Because of that she disputed the charges and they were unable to verify it, it fell off the credit report. Despite the fact they could not verify, stopped reporting and had no right to sell they did. She will be seeing an attorney this week to discuss her next steps, since essentially unlawfully selling the contract should have voided it.
  2. Thanks for the reply. Her contract was written prior to the 2016 class action where a 23 million settlement was awarded to victims for NFCU's failure to disclose their debt collection processes to their clients. She to was closed out from her account and unable to verfiy her debt or fees. She pointed this vague default agreement out to me prior to being aware of the lawsuit, with the newest details she has decided to retain an attorney and file a motion holding them accountable not only for selling her contract unlawfully, but hold them accountable for unlawful practices of harassment the debt collector has been implementing such as threating legal actions prior to the 30s days alloting ability to verify or dispute debt.
  3. After re-reading the terms of contract scouring for the mentioned qoute above, it becomes evident that the specific phrase and where mentions applies to contractual law. The contract of rights, and delegation of duties of said contract. This specific contractual aggrement was not within the outlined page of the bold written default agreement. According the signed contract the default agreement is as listed. "Default Agreement The occurrence of any of the following shall constitute default: failure to make payments as specified; failure to perform in accordance with this agreement; failure to stay within your approved CLOC limit; discovery that any warranty or statement of Applicant made in connection with this transaction is incorrect in any material respect; death, insolvency, business failure, or entry of a discharge in bankruptcy or receivership by or against the Applicant, Co-applicant, or any property of either. Any default by Applicant under any of the terms or provisions of any other agreement between Applicant and Navy Federal, whether existing now or in the future, shall constitute a default under all agreements. Under default, the balance due under this agreement, plus any interest, charges, and fees, shall become immediately payable without further notice to the Applicant at the option of Navy Federal. If the amount due is not paid immediately, Navy Federal shall have the right to take such action as is available to it under the law. Such action may include taking possession of all stated collateral and sell, or otherwise dispose of the same, or any part thereof, at public or private sale upon such terms as Navy Federal may elect, and apply the proceeds received from such a sale to the amounts owed. Applicant will be liable to Navy Federal for any deficiency to the extent permitted by law. In the event of default, all reasonable costs of collection, including, but not limited to, court costs, expenses, and reasonable attorney’s fees, will be paid by the Applicant. Navy Federal may also revoke any and all membership privileges previously extended to the Applicant (except the right to vote and to maintain a savings account) without prior notice to the Applicant. The waiver by Navy Federal of any default by the Applicant shall not be a waiver of any subsequent default. If Applicant is in default, Navy Federal may obtain any information it deems necessary to cure or collect said default, including Applicant’s current contact information, as permitted by law. Contact to an Applicant’s employer will be limited to obtaining current contact information. You agree that if you do not make payments on your account in accordance with this agreement, you will accept calls from Navy Federal regarding your account at any telephone number provided by you (including cellular telephone numbers). In addition, we may use pre-recorded voice messages or automatic dialing devices to contact you at any telephone number associated with your account. You agree such calls will not be “unsolicited” calls for the purpose of state and federal laws." Since the Navy Federal has the right of assignment of this agreement. context was written in regard to assignment of the contract and not mentioned in the default agreement, it leaves room to argue that this statement was not applicable to the default agreement or the parameters of within it. I have browsed multiple credit card and line of credit contracts and agreements and each specified stated as such Bank of Americe : WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any amounts due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and shall assume our obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOU Discover: Survival of this agreement. the arbitration agreement shall survive closing of your account voluntary payment of your account any legal proceedings to collect money any sale by us of your account These contracts are all available on consumerfinance.gov, after browsing numerous aggreements, it is clear that this disclosure of this specific discourse action must be notified within the contract for the signee to acknowledge. In my opinion, the lack of this disclosure leaves room to speculate that this create a room to argue that the sale was a illegal.
  4. I have them go over the agreement. Should they settle with LVNV?
  5. That agreement is same is what I read. I will have them read it again.
  6. It does have a clause concerning default. It, however, does not state that NFCU can sell the CLOC debt or place it for collection outside.
  7. They got the paperwork but I can't find anything relating to what law governs the default and collection. May be i am misiing something. Question is can a CLOC debt be sold to a CA?
  8. Hi, One of my family memeber had a NFCU LOC in the amount of 5k that was closed in 2019. They have not made any payments because they have no means of income and partially disable. They recently received an email from LVNV that NFCU sold the account to LVNV (Resurgent Capital Services). I want to help them navigate this. I want to ask how they should handle it? Is the NFCU LOC agrement is same as CC? In this state, SOL on CC agreement is 6 y.
  9. Okay, I will craft a good dispute and send it. I will report back. While we discussed this, may I ask if CCS's update of CA as "Paid" collection when a payment was made to OC (Comcast), not CCS, falls under "reporting of false information to CRA?' I was reading in a post citied by @ICANHASMUNY? several years ago that it may constitute false reporting since no payment was made to CA. There was a letter to that affect.
  10. Apologies for misspelling. I did not notice. As for dispute, I would like to ask if it is safe to include the receipt from VZN showing that I have paid the balance off prior to their purchase? My fear is that I dont want to get it cemented as "Paid" collection. In a recent experience, I have fallen a prey to comcast and CCS where a payment to OC was updated in CA as "PAID."
  11. Exactly, I paid it off long before Jafferson's purchase. I have yet to contact Jafferson. I have heared that in some instances CA simply update the repoting to paid CA. I dont want to cement it to my CRA in the process.
  12. Verizon said that it must have been an error. Verizon suggested I send the receipt to jafferson and jafferson should delete their reporting. I have not disputed yet because I just found it and I want to know what should be the right course of action.
  13. 2016 default was not relevant to Verizon. I wrote that in response to @centex question about my BK. Verizon default is from June of 2020.
  14. I agree that going to court without exploring other options is tardy step. Also asking for a DV is not my purpose because they can simple print and mail out a letter with amount and OC. I have paid this acoount to Verizon one and Half year before Jafferson's reporting to CRA. Verizon's Debt in question is occured in July of 2020. Default of March 2016 I wrote to help @centex in relation to his question on when I seeking BK. That Debt is all falling off in Feb next year.
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