Jump to content

txsmiles

Members
  • Content Count

    51
  • Joined

  • Last visited

Recent Profile Visitors

254 profile views
  1. Never got to file because they deleted, but they popped up again under a new collection agency. This time, I've sent a Texas DV but they didn't respond. However, they did update my credit report, actually about 5 times since they got signed for my letter. Went ahead and sent arb demand and Sprint responded but I'm not happy about it. I don't trust them and they fought me on a deletion. Should I request specific verbiage in an agreement or send my own? I have a contact, but I don't know what to do now. I have some time left for the dispute period but could I just file arb anyway without waiting
  2. I haven't requested arbitration. I added a statement that I reserve the right to pursue all legal remedies and protections available to me under law. By that, I can sue them or from their own terms, invoke arbitration. I didn't explicitly state which action I would take, but I consider it notification of intent for either because at this point, the door is open for whatever avenue I pursue later. Reading up on "bonafide error in action" because I'm pretty sure I will have to litigate. I intend to send them a second, reminder notice at the 15 day mark, and I will be sure to let them
  3. I actually used your instructions for the Texas DV with a cc to the bond underwriter. I invoked the TFC 392 and put them on BCC17 60 day notice. I requested validation and cited my request for modification if they fail to do so. I did not mention any federal issues and made a note of my claim being strictly based on Texas laws. I followed the process outlined in the Texas thread, but I brought the OC into the mix under a provision in their contract so that I can include both the OC and CA in a lawsuit if necessary. I only sent out the extra letter to the OC after all of this.
  4. I second this suggestion. I have been able to get interest and fees removed just mentioning bankruptcy. Also, for the payday loans, revoke any ACH authorizations you have given them so they stop taking your money. Let them know that you are speaking with an attorney, and ask them if they can give you a payment plan because you would like to keep them out of the bankruptcy.
  5. I sent out a Texas DV to a CA that appeared on my credit report, and I have the delivery confirmation and green card in hand. I also sent a letter CMRRR and email to the bond underwriter with copies of everything. I'm also going to send faxes to their surety company's local offices here in TX (just found today) so that I can get some pressure on them. The CA received my letter a few days ago, and they updated my report with an incorrect address. There is no notation of the dispute, just the new address that they reported. Strange thing is that the address doesn't exist, and it's definitely not
  6. Got it. So, I will wait for them to respond, and then I will go from there. Thank you for clearing that up.
  7. I am still reading through that thread again, and I'm still taking notes. Every time I think I have this whole Texas deal figured out, I come across something else, so it's a constant learning process. Telecommunications is the service, and AT&T is the company. They are my main concern in this thread. They aren't reporting anything because there isn't anything for them to report. This is why it's a problem. I don't owe them any past balances, but they screwed up something when I canceled my account with them back in 2014. It's stupid because the billing department says there i
  8. My credit report lists it as being "placed with collection agency." Of course, I know that if they reveal in their response to the DV that they bought the debt, then I believe the CA would be in violation on account of the following: Sec. 392.304. FRAUDULENT, DECEPTIVE, OR MISLEADING REPRESENTATIONS. (a) Except as otherwise provided by this section, in debt collection or obtaining information concerning a consumer, a debt collector may not use a fraudulent, deceptive, or misleading representation that employs the following practices: (4) failing to disclose clearly
  9. I've never received anything from the OC about it nor the CA for that matter. I just saw it pop up on my credit report, but it's for an old canceled account that is several years old. I'm dealing with the CA via Texas DV, but I want to also go after the OC.
  10. *she I keep a rolling list of violations in a word file, so I can just copy them into the demand. "Right to cure" entails just what? If the damage is already done and cannot be undone, then they can't make the violations go away correct? Can I ask for a settlement on the basis of their past and current actions? It's not credit reporting that I'm worried about, it's more of debt collection practices and denial of service based on inaccurate records that they hold and refuse to correct. I literally don't owe any debts, but they insist that I do out of stupidity
  11. I've been reading and reading, and I came across something really important in the TFC. Sec. 392.306. USE OF INDEPENDENT DEBT COLLECTOR. A creditor may not use an independent debt collector if the creditor has actual knowledge that the independent debt collector repeatedly or continuously engages in acts or practices that are prohibited by this chapter. So, if I'm interpreting this correctly, the OC is in violation just by their choice of CA. I have researched several court filings against the CA, and since they are public knowledge, I think that I can reasonably assum
  12. Ok, thanks. Also, in my demand, is it appropriate to list violations of the TFC 392 or BCC17, or do I just state that they have violations, for which I will seek damages? I want to pack the most punch to get rid of them.
  13. I need to file an arbitration case, but I want to do it within the notice of dispute period. How long do I have after filing arbitration before the case is closed for non-payment? My plan is to send the notice of dispute, and once I get the green card back, immediately file the arbitration claim. Then, I will send them their copy of the arbitration filing and let the clock run. If they don't accept my demand for settlement by the time the notice period expires, I will just pay the filing fee and have the case commence. I want to make sure they can't sue me before I file for arbitration, and I'
  14. Experian literally updated three days ago. Transunion and Equifax updated exactly a day later. I have no clue what Innovis is doing. They have been frozen for longer than I can remember. I will pull another copy of my other reports and forward them to Credit One with an inquiry. I literally lol'ed at the flushing comment! I have been trying to hold off on closing the account until after the 1 year mark. Isn't that the recommendation around here, to let accounts age at least a year before closing if possible?
  15. Legaleagle2012, can you explain the arbitration process a little more. Do I send the copy of the demand first to Sprint and then send it to JAMS? The instructions ask for proof of service. I have the demand filled out, two copies of the agreement that was in force, and the $250, which, supposedly Sprint will also pay for me to file against them if I send a letter requesting it due to financial hardship.
×
×
  • Create New...

Important Information

Guidelines