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ICANHASMUNY?

Former Mods and Forum Leads
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Everything posted by ICANHASMUNY?

  1. Stay off the PHONE write the corporate office CMMR. explain just as you did here, AND that you were a active duty servicemember at the time and disabled , that your husband signed you up and the doctors stated you couldn't and shouldn't . & send them a copy of your disability papers
  2. LOL< Probably the same guys who are banned now think the Buffalo Gang just moved south
  3. I"m sorry that no one else here is outraged, - you resolved this 2 different times, once with the old management, and once with a CA 3 years ago, I believe that you shouldn't have to pay it now for services that were never rendered, and it should not be listed on your credit reports if you're still in the military, see if the JAG office will make a call on your behalf, if you're out, call the news Stations / Papers
  4. it's most likely a scammer , if they have a judgment and garnishment order in hand, they wouldn't need to call up and ask you to settle it's all BS , sure your BK Lawyer will tell you just like these guys who were shut down https://www.ftc.gov/news-events/press-releases/2018/09/ftc-settlements-ban-fraudulent-debt-collectors-debt-collection Global Processing Solutions, Advanced Mediation Group, Lamar Snow, Jahaan McDuffie, and Glentis Wallace According to the FTC’s complaint, the defendants’ debt collection business model was based on falsely claiming to consumers that they had committed a crime and would be sued, have their wages garnished, or be put in prison if they did not pay purported debts. In many instances, the defendants collected on debts consumers had already paid or that the defendants otherwise had no authority to collect. They also illegally contacted consumers’ employers and other third parties, and failed to provide written notices and disclaimers required by law. https://www.ftc.gov/system/files/documents/cases/021_complaint.pdf
  5. Do you still have the paperwork on the Gym Membership ; sounds like the Training sessions were over and beyond the regular membership fees ? Are you still in the military or discharged ? Call up the local TV station or newspaper , they love this kind of stuff , the reporter will call the Gym, at which point all your troubles will probably disappear state your case - these folks are charging a disabled servicemember for services never used, and you had prior conversations and provided medical records as to why, and now it's effecting your credit years later when you were told it would never be any problem , and never received any past due billing charges at the time
  6. Not All debts are reportable anymore don't think Gym fees are reportable anymore - it wasn't a " Credit Transaction" Dispute it with the CRA's " this is not a credit related transaction and does not belong on my credit reports" Send a letter to the CA threatening to sue
  7. None actually, the repo past due is going to show up on their Dredit report , and they are going to be sued for the deficiency balance due tell them they should look up thier home states UCC Title 9 secured transactions laws
  8. on a leased vehicle, one is responsible for the " condition" of the auto when the lease is ended. and the cosigner is responsible also - What if the Auto is trashed ?
  9. If BOA Sold the settled account , you can sue them Again , and with vicarious liability for harassment by CA & JDB's should have asked the JDB for proof / validation with OC statements.
  10. sounds like the typical SCAMMER who procured your DW's data from a Security Breach they can't provide the judgment/ case Number and the court it was granted in, tell them to pound sand.
  11. what state are you in ? UCC laws aren't always uniform, states vary these you need to read up on Title 9 secured Transactions
  12. if you have documentation , upload that during an online dispute, they have to forward it to the OC why do you think it's a true error - ? list out exactly how it appears on your Credit report, and folks here will take a look at it ultimately, if you can prove it's a FCRA violation, you can send an Threat to file suit letter that usually gets them to take a closer look and / or just delete it
  13. that's for open ended Credit, not installment loans
  14. Santander is the worst to deal with you need to read up on the UCC title 9 secured transactions https://law.lis.virginia.gov/vacode/title8.9A/ According to this case, creditors in VA have to comply with the required UCC notices. read this case on Google scholar Cappo Management V, Inc. v. Britt, 711 SE 2d 209 - Va: Supreme Court 2011 After repossessing the collateral, a secured party may dispose of it in a commercially reasonable manner, Code § 8.9A-610(a), but it must provide notice to the debtor 10 days before doing so. Code §§ 8.9A-611 through -614. Significantly, "t is the secured party's repossession of the collateral, not necessarily the default, that triggers the notice requirement. Absent valid waiver by the debtor in a written agreement made after default, the parties could not alter the notice provisions." Barnette, 457 F.Supp.2d at 659 (citing, inter alia, Code §§ 8.9A-602(7) and 8.9A-624(a)). The parties did not waive the notice requirement in this case. Additionally, Britt, as a debtor, retained an interest in the car after Victory Nissan repossessed it, at least to the extent that she had a right of redemption under the "RISC" and Virginia law. See Code § 8.9A-623(c)(2). Therefore, Victory Nissan was required to provide notice to Britt prior to disposition of the car. Victory Nissan concedes that it did not do so. your best bet is to do some research on what happened to the auto - if you have the VIN, the DMV may have records of the sales We had a Similar thread here on CB, regarding a late model VW where the lender actually owed money to one of our members, and the reporting was corrected and she received a settlement, But it wasn't Santander, you're going to need to find out details on the same and research this some before we can come up with a course of action , and it may take an attorney to effectively threaten them if the facts come down on your side
  15. yes, but OP never received any of the required paper work there have been a few repo cases dismissed here on CB; One where the Lender kept the car for corporate use and did not sell it , which under that States UCC meant they could not sue for recovery of the deficiency balance and One where the lender actually owed the consumer a surplus on a late model VW without a full accounting of the sale price and letters OP doesn't know what happened ; all too often the CA is going off the original contract balance prior to repo, and trying to collect it like a Credit card account with the a default rate of interest- which doesn't apply on secured transactions if OP has the VIN # , maybe able to find the sale $$ at the DMV , etc.
  16. Wait, it's been 5 years ???? you stated 2015 on your first post SOL on deficiency balances is usually 4 years date from vehicle is sold
  17. REally ! hard to believe it isn't hanging out there somewhere, What state are you in ?
  18. UCC letters go to the Creditors FDCPA /UCC to CA only, FCRA dispute letters only to Credit reporting agencies did you receive all the required notifications before it was repo'd ? don't send any letter right away until you have looked at all the angles the OC could still file suit to recover
  19. look to your states UCC laws - on Title 9 secured transactions instead of a std FDCPA validation letter 41-09-20 (9‑210) Request for accounting ‑ Request regarding list of collateral or statement of account most of the times they are attempting to collect interest and fees that are not allowed under the UCC the Contract / loan was cured by the repossession of collateral ; "the security interest is perfected upon attachment" all that is left is the deficiency balance due , and there are mandated state laws on how that is calculated. https://www.legis.nd.gov/cencode/t41c09.html read these 41-09-107 (9‑610) Disposition of collateral after default 41-09-108 (9‑611) Notification before disposition of collateral 41-09-109 (9‑612) Timeliness of notification before disposition of collateral 41-09-110 (9‑613) Contents and form of notification before disposition of collateral ‑ General 41-09-111 (9‑615) Application of proceeds of disposition ‑ Liability for deficiency and right to surplus 41-09-120 (9‑625) Remedies for secured party's failure to comply with chapter 41-09-121 (9‑626) Action in which deficiency or surplus is in issue 41-09-122 (9‑627) Determination of whether conduct was commercially reasonable
  20. do you still have a the returned envelope ? make a copy of it and send it in with a formal letter of explanation to the banks FCRA compliance officer at teh Corporate HQ listed on the SEC or the address listed as a registered agent for service of process, and advise them of the incorrect reporting, and the incorrect address provided Dispute the " current status" with the CRA's stating that the account is paid in full for the past ___ months and closed if they don't correct it, only then do you have a FCRA violation - you have to dispute it thru the CRA's first to trigger that legal status
  21. if this is over FCRA or FCBA compliance, you can file complaints' with the OCC and CFPB
  22. yes, that may work, and also get her in a lot of trouble ; they could refuse to furnish her any future reports you shouldn't water down the letter any Address it to " FCRA Compliance Officer / Legal counsel During a review /monitoring of my credit reports, I recently found that your company was requested to examine my credit rating by ( lender name ) However, I never applied with this lender during the past 2 years, and did not authorize this. She ( name of individual ) was speaking to a friend of mine , and on the barest rumor that I may be searching for a new mortgage, utilize a 2 year old application and pulled my credit reports without any recent application for same with her firm I have spoken with ( individual name ) and have written ( lender name ) in an attempt to correct this infraction of the FCRA with no success. There was no permissible purpose granted pursuant to the FCRA , I suggest your firm contact all relevant parties and ask them to withdraw the request and delete the inquiries from my current credit reports as there was no authorization granted. I suggest that your review your contract with ( lender name ) and demand signed applications before furnishing any other reports - she may be breaching the contract and facing legal action which your company could be drawn into.
  23. What's your complaint about I take it your filling in a court form

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