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Everything posted by Innocent_Kiss

  1. As far as assets, can you form an LLC and have family member transfer assets to it instead of to you personally? Obviously, you'll need to speak with an attorney (I believe creditors may be able to "pierce the corporate veil" in some cases but it's worth an ask?
  2. Also the Comenity agreement says consumer has to notify them of intent to arbitrate with preferred arbitration org. Does this apply to JDB as well?
  3. Oy I was desperately trying to find the connection between the order, affidavit and arbitration! Ok got it. I don't need to file anything with the court system. The "you don't need a reason" part, the DEMAND FOR ARBITRATION Form asks you to briefly explain the dispute. I think another CB user commented something like "violated FDCPA" would suffice? You don't need to go into detail any further? They won't consider that frivolous? Don't beat me up I know I have a million questions!
  4. I feel really good about it. I’m shocked they’d have consumers back who burn them. Even after repayment. So I’m grateful!
  5. Just got off of the phone with them! Committed to paying in full for a credit line of $1,400. The LAST thing I want to worry about is another suit. Also, THANK YOU for all of your help!
  6. I've literally buried myself in this the past 24 hours. I literally can only find one, undated Carsons specific Comenity credit card agreement. I'm wondering if I log into my account if I would be able to download it or if that would just make them raise their antennas. The undated cc agreement does not mention binding arbitration. Actually, binding is no where in the agreement at all. I'm wondering if that makes a difference. Does this mean consumers are stuck with court appointed arb only? This cc agreement I found also requires that you can select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim. So, they require you put them on notice BEFORE you file? I'm also really confused on process. So, the steps in chronological order are to: file a motion with your local court Send defendant copy of motion Send defendant letter electing arbitration with JAMS/AAA and requesting dismissal of case Submit Arbitration with JAMS or AAA ?? Under different circumstances I would be able to research longer but I'm super pressed for time. I want to beat them to filing. I really appreciate the help.
  7. Thanks, I printed out his thread so I can really dig into it. As for the credit card agreement, it's weird I don't see it there. I'm not sure if it has something to do with Carsons going bankrupt at one point. I know cardholders got a message about this a while ago. I did this this with a google search: https://d.comenity.net/carsons/common/Legal/disclosures.xhtml
  8. For anyone wondering, I found legaleagle2012's arbitration posts. I'm printing it now, will study over the next couple of days. Also how do I get a copy of my credit card agreement? Carsons isn't on Comenity's website anymore https://d.comenity.net/cca-all/pub/Home.xhtml
  9. I'm completely new to this. So, file an arbitration in my county court and they'll likely not pursue it?
  10. Debt is $2,270 a few hundred more than the charge off amount with comenity. Any ideas on how I can learn the neccessary steps to protect myself against a suit?
  11. Debt was placed with Portfolio a little less than a year ago. I'm not sure when they first made contact with me but after they did, I requested validation, they fulfilled the request. Nothing until now. (I've just began my credit repair journey) Law firm sends mail a couple days ago. Firms wording "We have been retained by Portfolio to collect their account in the amount above stated." They also directed me to make a payment at their website, not Portfolio.
  12. I think it's a fair question. I was under the impression two entities can't request payment for the same debt. Obviously I'm wrong.
  13. Portfolio has tried to contact me for payment.
  14. So, original creditor is out of the picture. Got that part. It looks like two different entities can collect on the same debt as long as only one reports? Next steps? Validate law firm?
  15. I'm seeing this happen a lot in my credit repair journey this time around. Even Amex (while also reporting a balance on my reports) had a collection agency reaching out for payment. The CA never reported, however. Another account started with Comenity Bank whom is reporting a $0 balance on my reports. They also have a comment that account is "Transferred to another lender or claim purchased" which happens to be Portfolio Recovery. I just received a letter in the mail from Blitt and Gaines, P.C. Attorneys at Law listing Comenity Bank as Original Creditor and Portfolio Recovery as Current Creditor. Meanwhile, Portfolio Recovery is on my reports. I completely understand that some debts are assigned, and not sold. But with a collection agency and a law firm trying to collect on the same debt -- is that legal? Is it that within reason to report but also have a third party making collection attempts? Isn't reporting an act of collection activity? I'm confused!
  16. I've opted out and deleted old addresses. What was the date of medical service for for the 1st account: 04/2017 What was the date of service for the "medicaid covered" account: 09/2017 On the Medicaid covered account did you provide the data on your coverage to the OC at the time of service? Yes, during registration, they took our insurance cards and ID! Did you get ANY notice from Medicaid that the medical services were or were not covered?? No, we typically don't actually. We were under a no cost whatsoever plan as long as we went to a provider in our network, which OC was. It will be what the RESPONSES from the CRAs and the CAs are that count. It is possible that both the accounts will be deleted with your initial dispute letter. It is possible that they won't. Understood! Just follow the guides, send the initial dispute letter to the CRAs listing ALL medical accounts as they appear on the report you are disputing. https://whychat.me/hipaadisp.html Will do! Thank you!
  17. I have a charge-off with Amex (Date closed 02/15/2018.) Central Credit Services, LLC tried to collect on the debt but never reported to the credit bureaus. I requested validation from Central Credit Services in May 2018 to no avail. Fast forward, Amex sent an offer in the mail a couple weeks ago with a settlement offer of 60% of the balance over a 24 month period with monthly payments. I'm assuming this was assigned to a CA and they hadn't bought it? If I pay Amex, is it possible they don't even own the debt anymore? Also, Amex is still reporting the balance (it has never been reported at $0) Obviously, I prefer to pay directly to original creditor, just wanted some insight. Anyone have experience with settlements? Have you further negotiated or just accepted the offer? Thanks!
  18. So! I stayed off of the phone After some digging, they aren't duplicate accounts. Here's the thing: For one of the accounts, I'm going to follow your guide. It turns out that I did have medicaid coverage for the second visit, they just failed to bill them and billed me instead. For the first collection, I requested validation from CA about a year ago (before I knew about your guide and before the second account was on my reports). The CA validated (they sent OC and amount due essentially) and the collection was updated with "meets FCRA requirements" shortly after. Any feed back on how to proceed with this particular account? Ugh, I wish I would have known about the guide back then.
  19. Not trying to ruin my chance of getting rid of the accounts of course, just trying to figure out dates of services since I failed to keep my personal records up to date. Thanks for the advice.
  20. Got it, thanks! We didn't have health insurance coverage at the time (why we resulted to ER visit for care.) My thought was to call OC directly but I honestly can't find any information on original creditor. Other than name, they don't list any other OC information. The OC isn't listed as the hospital, either. I'm guessing Foundation Emergency Services handles hospital's internal billing. Edited to add: I just called hospital financial department and they in fact do work with OC. They also gave me their number. Should I call OC for dates of service? Unfortunately, I failed to keep records for myself. Major fail! Information on OC is so confusing. I Google'd their number and there's a few different companies with the same number.
  21. This wasn’t covered by insurance. My next task is to figure out actual dates of service, because it’s been a couple years. How will dates help in my dispute? Literally asking to learn!
  22. Typically, most consumers “give in” after a third party collector validates. If you’ve ever had a collection agency or junk debt buyer removed after they validated the debt please share below! I’ll start: I had a micro collection on my reports from a dentist office and wrongfully so. Tanked my scores 100 points. I knew paying the debt wouldn’t help my score and that I had to get it off. I requested validation and they did. I researched what constitutes actual validation and turns out just a notice of the original creditor and amount was pretty much enough. My strategy was to engage them and hope they’d violate the FDCPA in some way. I had no other ideas. It worked. After I disputed, I watched my reports like a hawk. The CRA’s never marked my accounts as disputed AND I picked up one of CA’s phone calls (I never engage third party collectors on the phone.) My plan was to ask them to only communicate with me via mail per FDCPA. I already had my written request in hand headed to the post office. My hope was that they’d continue to call they received my written request. The rep gave me something even better, he started yelling at me and insulting me. “Why are you trying to get out of paying your bills? You’re so stupid!” Music to my ears. Printed my phone records of call, submitted a complaint with AG and CFPB and they removed. Not sure if it was the most most intelligent strategy but lots of people here told me I was stuck with it and to ask for a Pay for Delete. Also, the collector owned the account, so paying OC wouldn’t have worked. Fast forward 4 years I have another collection that validated. I’m thinking of disputing the Date of First Delinquency because it’s the only other piece of information listed. Trying to get ideas!
  23. Creditors Discount & AUD is listed on my credit reports twice for the same service: two slightly different balances, two different account numbers and open dates. I DV'd one of the accounts months ago, they validated and I left it alone. A couple months this duplicate account pops up. Original Creditor is Foundation Emergency Services. There's no way these can be two separate services/accounts. I'm thinking I should disputed directly with CRA for inaccurate info. Any strategy advice?
  24. The consensus is to remove negative tradelines all together because making payments don't necessarily equal boosted. Even paid collections are still collections and simply update status to paid which can be detrimental to scores because of DOLA. Here's my situation: My income for the past 2 years have been inconsistent in freelancing. I've landed something more permanent and want to start making arrangements. MY CREDIT REPORT REVIEW: I have 4 charge offs (all charged off in the past year or so) 1 card 30-59 Days Late Autoloan in good standing, 90-119 Days Late 1 account never late Even my Self Lender account is closed with a 30-59 days late 1 collection from Portfolio Recovery (OC Comenity Bank) As you can see my reports are s***. Such is life. I'd gotten on hardship plans that eventually went to hell because of late invoices, unexpected changes in clientele, etc. At this point I want to start making things right but I want to go about it in the most beneficial way. It's been a couple of years since I've been in a credit repair journey and want to refresh in regards to repairing and repaying:

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