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Bluesie58

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  1. Bluesie58

    Last 3 CAs Giving Me Grief

    Have you disputed with the credit reporting agencies? A credit report TL is not subject to debt validation. Instead, you must dispute specific information that is being incorrectly reported.
  2. Bluesie58

    Dispute Strategy - Settled Chase CO

    You have to first dispute with the CRAs. If you haven’t done that, then there’s currently no FCRA violation. In addition, you said the debt is recently settled. They’re not going to change the information overnight.
  3. Bluesie58

    Please help!! - Collection related

    Sue them for what?
  4. What is the DOFD provided by the original creditor?
  5. No, you don’t have to pay the full amount to qualify for a PFD. Your account will be considered paid-in-full or paid-in-full for less than the full balance after your final payment is successfully posted. Within approximately 30 days of your final payment successfully posting, we will request the credit reporting agencies delete the PRA tradeline related to your account from your credit bureau report.
  6. Not a Duggar fan, but what does their handyman’s financial state have to do with theirs?
  7. The article is incorrect on at least one point. How to Respond to the Lawsuit First, verify the debt. While your liability should be clear if your credit card company sues you directly, sometimes it's not that straightforward. Debt collectors you've never heard of can purchase your debt and sue you for it, and the debt may be inflated by fees and penalties. Mistakes or outright fraud can happen. So even if you know you owe the debt, request documentation of it if you're being sued by a debt collector. The federal Fair Debt Collection Practices Act provides the right to request verification of a debt, but you must put your request in writing – and send it, ideally, by certified mail. The debt collector will be required to produce a copy of the original written agreement between you and the credit card company and proof that it has been assigned the debt. If these documents can't be produced, you can ask to have the lawsuit dismissed, and you may have the right to countersue for failure to verify the debt. The author screwed up.
  8. No. SC is 3 years from the date of last payment.
  9. Bluesie58

    Best way to get free report from EQ

    Yea! 👏
  10. A mechanic’s lien does not usually require a judgment. However, what the poster suggested is considered to be fraud.
  11. Bluesie58

    Debt Validation Ignored - Now Getting Sued

    You don’t know every debt collection attorney. You only know what took place in your situations. To to imply that all or most debt collection attorneys are less than capable offers false hope. If debt collection attorneys are as incompetent as you claim, there would be no state and federal court rulings in favor of debt collectors.
  12. Bluesie58

    Debt Validation Ignored - Now Getting Sued

    Filing a lawsuit before responding to a timely DV request violates the FDCPA. The debt collector is perfectly free to sue within thirty days; he just must cease his efforts at collection during the interval between being asked for verification of the debt and mailing the verification to the debtor. 15 U.S.C. § 1692g(b). Bartlett v. Heibl, 128 F.3d 497, 501 (7th Cir.1997). If the debt collector chooses not to wait until the end of the validation period to commence debt collection litigation, an explanation of the lawsuit's impact — or more accurately, lack of impact — on the disclosures made in the validation notice must be provided. This explanation should be set forth in either the validation notice itself, or in a notice provided with the summons and complaint. The best practice is to provide an explanation in both the validation notice and the summons and complaint. Clarifying that commencement of a lawsuit does not trump the validation notice will come at little or no cost to debt collectors and will ensure that the consumer rights secured under the FDCPA are not overshadowed or contradicted. Ellis v. Solomon and Solomon, P.C., 591 F.3d 130, 137 (2d Cir. 2010).
  13. If you made a payment in June, 2015, you reset the SOL SECTION 15-3-120. Effect of new promises in writing or part payments. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter unless it be contained in some writing signed by the party to be charged thereby. But payment of any part of principal or interest is equivalent to a promise in writing. BTW, contrary to what is reported elsewhere, SC is NOT a "last item" state.
  14. Bluesie58

    Sent validation request, no response - now what?

    I assumed that the OP disputed the debt when he sent his DV request. That's my fault for assuming.

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