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Linx04

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Everything posted by Linx04

  1. I said the same thing in my response. That the law and FTC said they you ”may” not that you “shall”. Big difference in those two words. I had to use that same argument in another case. And yes I’m in Federal. I never die in State.
  2. I never mentioned settlement in my post. Although usually they do settle in my previous dealings. However, that being said, I do not file suit unless I believe that I am correct in my interpretation and that I have gone through every avenue prior to litigation. In my abundance of research of case law, there is only (1) case that might be close to their argument. They don’t even cite any cases to back up their argument. Aside from the C.F.R. Rule which points to the postal inspector. Yet, every other government agency, and the CRA’s themselves all state to file an ID Theft Report. I can’t concur if a person should file a police report in addition to an ID Theft Report. But I do know that an ID Theft Report is different than a Police Report. So that brings us back to my original question. What constitutes an ID Theft Report? The reason that I ask this question is for a Rule 12b motion on said claim.
  3. This is a serious question, as I am in the middle of litigation with one of the CRA’s in federal court. I claim that the ID Theft Report on the FTC website is exactly that, an ID Theft Report. The FTC website states the same. And the CRA’s state on their own websites to go to idtheft.gov and fill out an ID Theft Report. Now the CRA is arguing that it’s NOT and ID Theft Report because I didn’t file a police report. And the law (as laid out in C.F.R. By the CFPB) states that a Report May be filed WITH. Criminal law enforcement agency. And they specifically list the U.S. Postal Inspector. Everywhere I look, I believe that I am right. A police report is different from an ID Theft Report. If the cras direct you and call it that, then how can in court they say otherwise. any thoughts?
  4. The way Marv explained it makes sense. I am 99% sure that he is correct!
  5. That is exactly what happened Marv. The first payment was due 45 days later. We didn’t ask for that, they just said “it’s due 45 days from now”. The CU actually sent them a check for about $600 more than we financed. That was 13 days ago. Of course Tidewater says that they haven’t received it yet.
  6. If you read the post, GAP was REQUIRED for financing. So yes, of course it was rolled into the loan. Otherwise, there would have been no loan according to the lender. Further, not everyone has a choice and must use a “third tier toilet” as you put it. Nevertheless, that third tier toilet was thrown to the curb 3 months later. And, notwithstanding, no other options were available to SO at said time. Which brings me full circle to my original post. Lastly, paying more than the “minimum due” would not have negated the fact that they still claim that MORE IS OWED than what was financed originally. With a simple interest loan, with all payments made on time, this should not be an issue, yet I digress. If I were to use your logic, one should just throw more money than is owed because of shady lenders, but most likely be out that money. If people had other options, didn’t make mistakes in the past and could pay more than a minimum due, then this board would not be here.
  7. Hi all. My SO and I are having an issue with Tidewater Finance. SO purchased a car on 4/28/18 and it was financed through Tidewater. We made the three payments that were due every month. Just recently SO refinanced the auto loan through her credit union at a MUCH MUCH better rate. Tidewater is saying that the payoff is $462.00 more than we financed! The three payments that we made were $489.00 each. And it is a simple interest loan. Plus she was required to get GAP for them to finance the loan. Ally won’t refund it until Tidewater says that they are paid in full. Which ally said is about 8 weeks. But if we financed let’s say $18500 and they are saying that the payoff is $18950, yet me made the payments ON TIME. How in the world can we owe more than what was financed? Ive requested account history etc... They keep stonewalling and saying that it is what it is. But something isn’t right...
  8. I kept getting sued by an OC who was the lender for a car I was the co-signer on that got repoed years ago. They sued me THREE times and I fought them off each and every time. Finally in the mail one day I got a 1099 and three days later the trade-line was deleted from all my CR's
  9. I am proactive too. If they didn't send you an original notice then they goofed. I'd poke the bear too. But please make sure you read the FCRA Marv, you know I am like a case law / statute dictionary on these things in the 6th at least!
  10. Linx04

    Reinsertion

    Yes, I would DV them CMRRR
  11. I usually pick apart the trade line and dispute nearly everything I can on it. My letters to the CRA's when it comes to disputing can be very long and detailed. But then again I sue the CRA's yearly usually, so I always want a large paper trail.
  12. Linx04

    Reinsertion

    As others have said, that is not re-insertion. You will need to send a new letter to the new CA.
  13. I would dispute it with AFNI and send them a letter demanding validation and letting them know that you have never had such an account.
  14. Since you say Midland and Portfolio, I would assume they have purchased these accounts. Therefore, I would proceed with paying as little as possible if anything, and do not pay a dime unless they remove the trade-line.
  15. Most will say to wait. I on the other hand and very proactive and do not mind poking the bear. I would wait for others to chime in.
  16. It took me over 30 days to get mine. It just came on Monday, and I still have not gone through all of it yet. There is a slew of inaccurate information in there, and it is 127 pages long.
  17. Thank you for the information. They are reporting that it will stay on record until August 2017. I am sure it should not be that late, but I don't have any proof because it is a long time ago. I am just surprised that it caused that big of a drop for one old collection. As long as there isn't any AA before that I will wait and see the dispute results. He wasn't planning on applying for anything new for a while and hopefully it will come off with the dispute. I am going to make sure his cards never report with any balance for a month or two. I really appreciate the information and help everyone has given. I was very, very panicked last night. It helps a lot to get some help here. If you are positive, I would send them a letter informing them of their FDCPA, FCRA and other state violations for re-aging. It is not up to YOU to prove anything, it us the law that THEY do.
  18. Yes, I copied the transcript from my sprint conversation. I was scared to send a letter to ERC because I also have a Comcast collection with them. Im currently working the BBB to get the Comcast situation worked out. I didn't wanna verify any information for them. But I guess i can still send a letter requesting to delete sprint. I would not use any personal info such as SS# and DOB. Just use the account number that they are reporting, and make the letter short and sweet.
  19. If I remember correctly, there is a reason Cap1 reports like this. I have not dealt with a repo since 2008 so I am not much help. Hopefully others will chime in. But I was under the impression it had to report as a repo because of the UCC. Maybe ICAN can help.
  20. Awesome!!! Can you post how you did it for others to follow?
  21. Convergent is infamous for re-aging. They did this with an old T-Mobile bill of mine from 2003 in 2015. Unlike most here I utilize the phone because I have the proper things to record and document. So I called them and the lady got herself and Convergent in a bigger hole than they were in. I sued them in Federal and got them to delete and pay me for my time. If you do not want to go that route, I would send Convergent a letter letting them know that they have re-aged this account and it is past the 7 years to report and if they do not delete immediately you will proceed with all available remedies under the law.
  22. I hope you made a screen shot, or got a chat transcript of sprint showing it would be deleted. If I were you I would send a letter to ERC (the usually delete easily) and let them know this should NOT be reporting to your credit reports. Do not give them details like you paid it etc etc.
  23. Should I send the letter to the OC or the CA?! The info that I researched came from the OC. I would send it to LJ Ross, CMRRR, and make it a very stern letter. If I were you, I would pull some of the verbiage out of the case I quoted and put it in the letter. Then make a complaint with the Michigan Attorney General, the BBB, and the CFPB with Consumers Energy.

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