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CreditSucksNot

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  1. Given the current economic climate there is no telling what creditors are going to do in the near future. Going off past anecdotal evidence AMEX, CHASE, CAP1 and Barclays have all been holding on to their paper and pursuing litigation themselves. AMEX and CAP1 aggressively. Credit Unions typically sue as well to collect for the members vs. selling the debt.
  2. NV SOL on written contracts is 6 years. Here are my thoughts and what I would probably try. You will have to wait for the stupidity to abate in the state first. I would file a small claims case for the amount of the security deposit plus the difference between that and what the total is they are claiming as damages plus triple that amount for punitive damages. So if they want (using generic numbers) $665 after withholding the deposit I would sue for $3660. I would avoid Federal statutes because this circuit does not have consumer friendly judges. I would use fraud, deceptive business practices and breach of contract. My hope would be that when faced with the suit they would ask what I wanted to settle the matter and it would be mutual walk away and deletion of all trade lines. If they stood firm at first my discovery would include When the carpet was installed/cleaned/repaired/replaced in that unit for 6 years prior to my move in date and for all replacement/repairs done after vacating. Name/brand/manufacturer of the carpeting used in my unit. WHEN was it bought? How much per square yard in cost? Pictures of damages. Copies of move in/out inspection reports. Once I knew the carpet manufacturer I would research half life of the brand according to the manufacturer too. Once I knew that information I would calculate what the residual value of the carpet was and compare the numbers to see if they are trying to claim full value vs. depreciated. If it goes as far as discovery and they are really defrauding tenants that is when they should back down. On the remote chance they are on the up and up and the damages are real at least you would know by their responses.
  3. Okay. The problem now is that when they withheld the deposit for damages you had the option to sue the for the deposit to make them prove their damages. That is typically when they back down. What state was this apartment in. There may still be an option for suing over this under written contract law depending on SOL. Another option is fraud and deceptive business practices. They do not have to send you proof of anything until there is a suit under way and discovery is started. It is possible that a small claims case filed against them could get them to drop it but you need to research this carefully before heading down that path.
  4. Was there a forfeited security deposit If so how much?
  5. One of the biggest areas of fraud by rental complexes is carpeting. They lay down cheap carpeting but charge top dollar to replace it. They claim carpet damage knowing most tenants won't challenge it. Try this: Ask when the carpet was installed. What brand it is. Ask them to specifically state what the damage was to the carpet that required replacement if it has not already been spelled out. The life of most apartment carpet is 5 years. They are not legally entitled to FULL replacement value but depreciated value. Once you know the brand and realistically what its full value is installed new then you can calculate a depreciated value. Another area they do this in is window blinds. Unless they are destroyed or missing there is NO reason to replace them. They will charge $15-25 per blind but install $3-5 blinds from WallyWorld. Basically it is a way to upgrade and renovate a unit at the former tenant's expense. Worse they often charge these "fees", keep deposits, and never actually do the renovations. Then repeat the process with each tenant thereby collecting a nice profit margin. Once you calculate reasonable damages vs. wear and tear then you can compare that difference to any deposit you forfeited. If there is still a deficit then you can make an offer as a settlement to go away along with deletion.
  6. If your state statutes do not allow them to place a trade line with the bureaus, arrest you, or prohibit registering/selling/insuring the vehicle, or deny drivers license renewal then the answer is they can do nothing. You can ignore it until the 7 years for reporting expires then send a FOAD letter or if you are absolutely positively certain they cannot do anything other than send collection letters then send the FOAD now. Texas has red light cameras in many jurisdictions. Apparently a few days before I moved out of state they believe I violated one. I disagree but was not going to spend the money to return to fight it. I didn't even get the "ticket" until a couple weeks after I moved thanks to mail forwarding. I forgot about it and eventually it got handed over to a bottom feeding law firm that racked up tons of complaints for their collection tactics. They started sending letters which I tossed. One even stated they would prevent me from renewing my car tags and license. In another state? I think not. I tossed that too. Then a Judge in Irving TX ruled that they could not put it on credit reports and they really had no hold on me. I sent the FOAD letter and they stopped collecting. (as a side note I now see that TX has made the cameras illegal from a law signed by the Governor; about time)
  7. If TU said this: "TU updated it to show "charged off as bad debt purchased by another lender" then it has already been sold to a JDB. Credit One is owned by the Sherman Group. They typically sell their debts to either LVNV (also owned by the Sherman Group) or Midland. Most likely they are not reporting yet because they are gearing up to sue you and want to eliminate the chance of a counter claim. They charge almost 30% interest. Add on late fees and over the limit fees for 6 months from default to charge off and the balance easily doubles. BIG mistake to dispute this when the SOL was very much alive. You most likely woke a sleeping bear and will be facing a collection suit. Watch the Magistrate Court docket in your county. Most are on line. They will sue you. If you can settle BEFORE they sue your chances of getting a better number are higher. Once they sue they know GA is a creditor friendly state and they will easily get a judgment. Your chances of a lower number are better if you have a lump sum amount. Get ALL terms in writing before paying. ANYTHING promised verbally cannot be enforced. Credit One has a carve out for small claims debt cases and arbitration. Magistrate Court in GA IS small claims. You will not be able to use the arbitration strategy to defeat the suit once it is filed.
  8. I am going to go with a hard no on this one. This guy didn't fare so well in his attempt at inciting panic: https://www.reviewjournal.com/crime/man-in-hazmat-suit-runs-into-walmart-in-las-vegas-sprays-items-1981248/
  9. So far we haven't heard one salient or rational reason WHY every consumer should have their credit reports sanitized because there is a pandemic. Even if the bureaus did do this no smart creditor would loan you money for medical care if the chances were even 50/50 you would die broke or become disabled and never have to pay it back. It is a novel idea to try and use the current economic fall out from the pandemic to get what you want but I don't see any legal or business based reason that supports scrubbing all negative information from every credit report.
  10. This is not an exact comparison of similar population bases. While both the USA and Italy are countries they do not have comparable population density or resources. Italy has a population of 60.48 million. The USA is 327.2 million. California isn't a country but has roughly the same square land space as Italy but half the population density at 39.56 million people. Do the math: 21157/60.48 million = an infection rate of .03% of the total number of people in Italy. For the USA the infection rate is 0.0008% of the total population. California is at 0.0009% right in line with the national average. I urge everyone to stop buying into the media frenzy. Everyone seems to have forgotten that the media puts the spin on the information on how they want the public to react and respond. Yes, this virus is a pandemic. For the majority of people who get it this will be akin to a severe case of the flu. For those who are like the citizens in Italy who are over the age of 60, already have lung/heart problems, cancer, or other chronic conditions like the flu they will be at greater risk for severe complications and death. NOTHING about this virus requires you have a 6-12 months supply of hand sanitizer, toilet paper, food or cleaning products. Bring back common sense. Wash your hands well as often as you can. Have a 2 week supply on hand and stay home and work from there if your job allows for it. Keep a 6 foot distance from others if you do have to go out. Help your neighbors and friends with supplies if they need it to encourage them to stay home too. If we approach this as a community and pull together we can get control of this. Abandon common sense and allow the panic to rule everything and chaos will only continue. Credit will be the least of the fall out.
  11. Not entirely accurate. Patients are turned away more than you know. Under EMTALA Emergency Medical Treatment and Active Labor Act a patient must be EVALUATED and triaged without regard to their ability to pay for the care. Even under EMTALA the facility is only required to treat the patient until stable (or the baby is delievered +24 hours) not full care. It is not uncommon for larger scale medical facilities (trauma centers) to be at capacity especially during flu season. When that happens they go on diversion. That means they can legally turn away patients without fear of PI lawsuit consequences. That doesn't mean the bottom feeding attorneys won't try. The first frivolous lawsuit has already been filed: https://www.businessinsider.com/florida-couple-grand-princess-cruise-sues-over-coronavirus-2020-3 THIS ^^^^^^ is the biggest problem. The media fueled panic is pouring gas on a fire in an anxiety ridden population BEFORE Covid 19 became known. The numbers are complicated because there is one set that annually uses the ER as their primary physician. There is another set that straight up hypochondriac or what is known as Factitious Disorder that thrives on the attention they get from medical personnel. Then there are people who are truly scared but over reacting to the panic that is spreading faster than the virus. All of them are in addition to those who are REALLY sick and need to be evaluated. Due to all of this hospitals are forced to triage and turn away patients in order to conserve resources and use them where they are most valuable. There are not enough test kits to use one on every panicking individual who sniffles and fears they have the corona virus and it isn't prudent to do so. If everyone put the greater good above their own personal goals we could get control of this virus a lot faster. The mentality that "I am an American and I will do what I want when I want" is going to slow that progress down significantly. The government will end up taking more control than level headed citizens want them to but there really isn't any other option at this point. Things have become so out of control I am not uncertain that Marshall Law isn't in the very near future.
  12. What are the sources of the information in your response? I have read so many articles lately it is hard to keep up but here is one: https://abcnews.go.com/Health/number-coronavirus-cases-rises-italy-hit-hard/story?id=69513697 I meant to use the word average not median but some people latch on to anything to fuel and argument. "Italy has an older population with a greater percentage of adults over the age of 65 than the U.S."The Centers for Disease Control cautions that older adults may be at risk for more serious COVID-19 illness. First: I NEVER said there wasn't a pandemic. Second: it has always been known that some people don't get sick but are carriers that spread an illness. Last: that is entirely the reason Italy went on lock down and it has worked. Their number of cases is shrinking. Deaths peaked and are declining. Unfortunately not only does this country have a labyrinth of laws that delay or prevent widespread testing unlike communist countries but we also have an entire snowflake population that believes because this is Merica they can go and do what ever they want when ever they want regardless of the harm to society as a whole. The needs of the many out weigh the wants of the few. Testing will not slow the spread of the disease as fast as social isolation and hand washing. You may not like that sports are non-existent, events cancelled, schools closed and travel restricted but the reality is that will stop the virus faster than 3 billion test kits. Even if you mandated testing there will be a group of jackasses like the anti-vaxxers who believe they should be required to be tested. A percentage of them will be carriers and out there spreading the disease. Test or no test.
  13. NOT even close. First: Italy has a median age of 65 and most are OLDER than that. This is the population of people who are weakest against any virus especially corona or the flu. They typically do not fare well even if you pour all the best resources in to their care. Second: the cases in Italy have leveled off primarily due to the country acting quickly to close the borders and tell people to STAY HOME. Containment is critical to control NOT emergency care. Again, NO. 70% or more of those who contract Covid 19 do not even need hospitalization. I don't know where you got this action plan but I am in health care an NO facility I work with has implemented anything like this EVER. Not during swine flu, bird flu, Ebola fears, or now. The risks are higher for those who are over 60 (NOT 30) and with co-morbid conditions which means they get extra consideration NOT less. Currently elective surgery procedures are cancelled in order to devote all resources to those who do need care for corona. The same thing was done in NY, DC trauma centers and where I worked in VA when 9/11 hit. Ours lasted 3 days before we could resume operations as normal. My prediction as a front line health care worker is that you may see a 14 day disruption of elective care but that once the new cases are confirmed to be down by 70% or more elective care will resume. This is the best way to contain the virus and slow then stop the spread. Yes, it will disrupt the economy but so would mass deaths which could happen if you allow business to continue as usual and the virus goes uncontrolled. It is posts like yours that contribute to the wide spread panic and fear. Sadly yours has very little basis in fact like most of the media. Just STOP and chill out. Do your part and stay home and WASH YOUR HANDS.
  14. Not true. I just had an MRI. The negotiated contractual price through my insurance (a major named carrier) made my portion $700. The cash price if I paid up front and they didn't have to deal with my carrier was $550. (not to mention the cash back on the credit card I paid with) My best friend just had an upper GI/colonoscopy same as the OP and got a better cash price paying up front than her out of pocket on her policy which is through BC/BS. We both routinely ask about the cash price vs. coverage on anything that is not routine care. It is becoming more and more common. In fact the largest radiology service in our county advertises to ask about cash pricing instead of using your coverage. Paying cash happens a LOT more now that the Affordable Care Act forced many into expensive policies. They keep the coverage for catastrophic expense shielding but pay out of pocket as it is less money. Those policies also have requirements under the ACA which includes NOT discounting the out of pocket portion if the coverage has been used. That means a provider cannot waive co-pays or deductibles or reduce them. What the EOB says is what the patient is supposed to pay the provider. They also cannot deny a policy or cancel it based upon pre-existing medical conditions, and the carrier must spend $0.85 of ever dollar on medical care not their profit margin. The providers can charge less than an insurance contract for cash paying patients because they do not have to wait to get paid for 30 days to 6 months by the carrier or fight a denial for a bogus reason to avoid paying. They get paid up front before services are rendered. Having to employ multiple people to file and fight claims is costly to the provider in salary, benefits, and overhead. Having to send the patient to collections because they don't pay their contractual portion is even more costly. In this thread the OP went to a surgery center. They are privately owned and do not offer charity care. The surgeons here are required to have an ownership stake to even use one. At least once a month one of my surgical cases gets cancelled because the surgery center will not allow the patient to get their procedure done because they cannot pay their out of pocket portion/deductible before being admitted. I am surprised the surgery center the OP went to allowed the procedure to be done without a significant cash payment up front on that expected large out of pocket portion. Even so, nothing requires they agree to the payment plan the OP wants. No one can predict if they will resort to a lawsuit to collect (which more and more providers are doing) but a quick scan of the local court docket could yield that information.
  15. One thing to keep in mind for future care is that you are not required to use your insurance. Many times the cash pay price is better than if you used your policy. What that means is you have to ask the surgery center and/or physician what the cash pay price is. They will tell you. That would have to be paid up front but the discount is many times worth it vs. the out of pocket expense under a policy. If you do this you cannot submit what you paid to your carrier. That would automatically trigger contractual obligations under the policy with regards to out of pocket expenses and negates the cash price discount. What the providers cannot do is bill your insurance AND offer you charity care or a discount. That is illegal rebating and violates the terms of your health care policy. You must choose up front to either pay a discounted price without coverage or use your policy. Unfortunately you cannot do both.

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