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JerseyMatt

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  1. So hi again, it's been a long time since I've had to be here. I just need some advice on handling a few things. So due to a series of unfortunate events years back, I found myself in a "rebuilding" phase, and I was actually doing pretty good when I posted here last. I had several credit lines totaling about $7k even though I was still sub-700, I was starting my own business from scratch (without a loan) while living on unemployment. Unfortunately the business did not take off in time to keep up with my bills, and I tanked my credit again, because I had to let all of my cards go (a lot of that debt is what went into starting the business). Everything charged off and went to collections with the exception of one card, a Cap1. It was my oldest card and had the highest limit so I made sure that one never went late, and did eventually pay it down to $0. This was a hair over 7 years ago. Now after 3 years (Kansas SOL) I started telling the CAs to FOAD, because nobody seemed to want to play ball for PFD. Anyway, things are now starting to fall off my reports and my scores are finally recovering. The couple that are left have me a little puzzled though. Now thanks to you guys I got really well educated on rights, laws, and policies over the last decade, and I need your input on these things.. First I had a BoA card that was one of COs. As far as I know they never sold it off for a few reasons.. It always showed a balance, I never recall getting dunned by any CA claiming to be collecting on it (nor has any shown up on my CR), and then maybe 3-4 years ago (probably around the time SOL expired) I got a 1099-C from BoA for the full amount. I did on a couple occasions dispute that account as incorrect balance because I don't think they can't report or collect a balance that has been forgiven - but it has come back valid every time from every CRA and is to this day reporting the full balance. Now my puzzle is this.. I started walking away from these cards around the end of 2011 (hence things are starting to fall off). This account on all 3 CRs say that it was closed in 3/12. However the DOFD is listed as 11/12? The account history doesn't go back that far on any of the reports except EQ, which shows nothing from 3/12 earlier, but starting at 4/12 its (assuming you're familiar with EQ's number codes) 4/12 3 5/12 4 6/12 4 (7/12 thru 10/12 are skipped entirely) 11/12 1 12/12 2 1/13 3 2/13 4 3/13 4 4/14 4 (5/13 skipped entirely) (6/13 on) L I would never make a payment on a closed account, or even a payment that wouldn't at least bring me current and stave pff a CO for another month.. So I don't know where these alleged payments in January and October came from, but they reaged the account so now it won't fall off until 11/19. I have the same issue with a Kohl's card (which was also kept "in house" and never sold).. It shows that it was closed at the same time as the BoA (3/12) but has a DoFD of 10/12 (that one's history just shows L from 4/13 on, nothing before). Same argument - I would not have made a one-off payment on a closed account, especially given my financial situation at the time. I DO however recall getting something from Kohls at some point about a refund (it was less than a dollar IIRC, like 12 cents or something ridiculous like that) for something they "miscalculated". I have no idea when that actually was, nor do I have what they sent me. It was something I just thought was hysterical at the time and tossed it. Could they have counted that as a "payment"? I don't recall getting anything like that from BoA though. Ok and then there's this.. Just a few months ago I had a collection from IC show up for an old Directv bill ($658). It was for equipment that I sent back after cancelling service, and they claimed it was damaged and were charging me, so I told them to FOAD I wasn't paying it. Service was canceled in 4/14. Haven't heard anything until now. I did not break a contract, my two year initial contract was long over by then. I intend to go at them with a lowball PFD offer because that would be the only unresolved thing that'll still be there for a few years, but I just want to clear one thing up.. Kansas has 3 year SOL for unwritten/verbal contracts and open accounts, but it's 5 years for written contracts. I believe I did have to sign something when the installer initially came (would've been in 2010) but I don't remember whether it was the service contract or just acknowledging the satisfactory install. So would this be under the 3 or 5 year? If it's 5 years I would only have to wait until April till 5 years is up, so it's not a real big deal, but I don't want to go at them early and end up triggering a last second suit if they don't play ball. And one more thing.. I have a defaulted payday loan from 2016 on TU. It's from Plain Green (yeah one of the "tribal mill" scam companies whose CEO was convicted of fraud), and I've heard that these are pretty much null and void from collection or reporting action now.. But it would technically be inside SOL and again I don't want to trigger action if I dispute it. Truth to this? Well thanks again in advance! Matt
  2. JerseyMatt

    Kohl's moving to Capital One

    I don't know how it'll work with Cap1, but even with the Kohl's card, I have been denied for several Chase cards, even a Chase checking account. However, I have had good luck with Citi lately since I got my first from them. I got a low limit gas card (Conoco), then a few months later I was approved for $2500 at Home Depot, and then was approved for a $1000 Sony card. Thanks for the reassurance guys.. I just kinda freaked when I saw that because like I said they are still trying to collect out of SOL, so I don't want to get screwed just because Chase sold the account.
  3. JerseyMatt

    Kohl's moving to Capital One

    bumpity
  4. JerseyMatt

    Man arrested, cuffed after using $2 bills

    THANK YOU!! This is what I mean. You don't need to be able to do math in your head to do this, you just need to be able to count. But they either aren't being taught how to do it, or this entire generation of kids fell asleep that day in 1st grade. You know, when the teacher handed out the trays of play money and we learned the principles of money? There's no excuse to not know how to count change. Mildly. What - was he acting douchey in another thread? Because I really don't see how he said anything wrong. He was simply pointing out a VALID gripe (that someone working a cash register should have basic addition/subtraction skills), and VE jumped all over him with name-calling. I mean, I'm not saying people who can't figure out change in ther head are not intelligent, I just think they should find a different job. I don't know jack about the internal workings of my car, so I would never apply for a job as a mechanic. I didn't think I was out of line either. Being indirectly called a jerk for expecting someone to have basic skills is pretty rude and I thought I responded appropriately. (and I'm not new either, I just don't post much).
  5. JerseyMatt

    Man arrested, cuffed after using $2 bills

    That and they lack critical thinking skills as well. They don't know how to figure something out because all they've ever been taught is what the information (they are tested on) is. I won't say "all kids" but entirely too many for this country to be proud about anything with regards to our Pre-Collegiate education system. It's amazing how many kids (and adults too) jockey a register and don't have a clue how to count change. When I was a retail supervisor I saw so many kids that would do a typo on the amount ($100 vs $10, $1000 vs $100, etc) and stand there staring at the screen trying to figure out what to do. I had one come to me crying that she was afraid her drawer would be $900 short and she didn't want to get fired. I've seen them start counting out $92 in change (on an $8 receipt paid with a $10) because that's what the screen told them to do when they typed in $100.00. And don't even get me started on the ones where you have a $5.35 total, you give them a $10, and then after they punch it in and the drawer opens you hand them 50 cents.. They stand there starting at you like you just dumped a pile of dog poo in their hand. I've done that and been asked "So how much am I supposed to give you?". And I'm no old timer either. I'm 31. We used calculators in school, but we had to show all our work, so we actually had to learn the crap. It's really sad. Oh, how I HATED people like you when I used to work a register. I'm VERY smart in a lot of ways, and I can do math all day long if I've got a pencil and paper handy, but I suck at doing math in my head. Especially if I'm rushed because I've got a line of people and there's some jerk standing there STARING at me (and probably smirking- or worse, looking at me like I'm a moron, AHEM.) Well pardon us 'jerks' for expecting the person handling the money to know how to count.. Seriously it's not even like you have to DO math. You just count up. Most of us learned how to do that in first grade. Soooo yeah, you deserve those looks, because contrary to what you think, it's YOU thats holding up the line..
  6. JerseyMatt

    Man arrested, cuffed after using $2 bills

    That and they lack critical thinking skills as well. They don't know how to figure something out because all they've ever been taught is what the information (they are tested on) is. I won't say "all kids" but entirely too many for this country to be proud about anything with regards to our Pre-Collegiate education system. It's amazing how many kids (and adults too) jockey a register and don't have a clue how to count change. When I was a retail supervisor I saw so many kids that would do a typo on the amount ($100 vs $10, $1000 vs $100, etc) and stand there staring at the screen trying to figure out what to do. I had one come to me crying that she was afraid her drawer would be $900 short and she didn't want to get fired. I've seen them start counting out $92 in change (on an $8 receipt paid with a $10) because that's what the screen told them to do when they typed in $100.00. And don't even get me started on the ones where you have a $5.35 total, you give them a $10, and then after they punch it in and the drawer opens you hand them 50 cents.. They stand there starting at you like you just dumped a pile of dog poo in their hand. I've done that and been asked "So how much am I supposed to give you?". And I'm no old timer either. I'm 31. We used calculators in school, but we had to show all our work, so we actually had to learn the crap. It's really sad.
  7. JerseyMatt

    Kohl's moving to Capital One

    I never heard of this, and it scares me a bit. Having finally started on the right track with my credit, I was approved for an $1100 Kohl's card a couple years ago. I actually use it every once in a while when they send the 30% coupons, right now I'm carrying a balance of about $35. At the same time, one of the things that fell off my CR (which allowed my credit to get instantly better) was a $2400+ chargeoff from capital 1. It is way beyond SOL (c/o was in 2001), the last CA they sent after me I sent a FOAD, and I got one of those "bills" from them at some point last year.. Are they going to put 2 and 2 together and cancel my card? Do I have any recourse if they do (never had a late)? Or worse, the Kohls card is paid out of my checking account, is there any legal loopholes where they can start taking money?
  8. JerseyMatt

    A new CA appears

    I usually don't either. However the OC was paypal, and I had put my cell on my ebay account for mobile auction alerts. Same company, so I was outta luck. I'm drooling for Cap1 to go after me now though. Because when I had that card, I didn't have this cell number.. I know that for a fact because the cell I had back then was on a Sprint employee plan, and when I was canned (which is why I defaulted in the first place), that number was shut off and I had to get new service.. Dont you mean EBay? Yeah, i give out the number i had 10 years ago, still today... If i can. Nah the ebay thing is done with. I got $1,000 because their CA DID violate the FDCPA. They bought me a new HDTV and my lawyer a new boat over a $150 debt.. I have a Cap1 account that was charged off in 2001 that they're still trying to get me to pay since it's way out of SOL to sue me. I'm hoping it goes to a CA as sloppy and persistent as the one ebay hired!
  9. JerseyMatt

    A new CA appears

    I usually don't either. However the OC was paypal, and I had put my cell on my ebay account for mobile auction alerts. Same company, so I was outta luck. I'm drooling for Cap1 to go after me now though. Because when I had that card, I didn't have this cell number.. I know that for a fact because the cell I had back then was on a Sprint employee plan, and when I was canned (which is why I defaulted in the first place), that number was shut off and I had to get new service..
  10. JerseyMatt

    A new CA appears

    Can they be sued? I used to get a Computer call every day it was like an alarm clock for me. For a month untill i changed my number.. 30 Violations, big bucks? And yes the 800 number was displayed on every one.. Dont they try to say "Well you gave us your number when you accepted the credit line and you gave us permission to call you when you did that it is in the ToS of your card?" Read the legislation please. To answer your question, the legal remedy is $500 to $1500 PER CALL if performed by an automatic dialer. Keep in mind that this ONLY applies to skiptracing. Basically meaning if the CA found your cell phone number themselves. If you provided the OC with your cell phone as a means of contact, and the OC passed it on to the CA, then you DO NOT have a case because it establishes an existing or prior business relationship/prior express consent with that number. The FCC ruled on that a few years ago. I wanted to go after a CA for 67 TCPA violations on top of the FDCPA for autodialing my cell (would've been a $100,000 payday ), but my lawyer said I had no TCPA case because I had given my cell to the OC as my home number. He sent me the FCC ruling and some case law, but it's in PDF and I can't attach anything.
  11. JerseyMatt

    Cap1 Statement received after DV

    I have a CapOne account that was charged off in 2001. They have been diligently passing it from one CA and fake law firm to another, and I had been completely ignoring it. Honestly I think ignoring it was the best thing to do because I managed to stay off their radar long enough for SOL to expire. After it had SOL'd in NJ and it had fallen off my credit report, I got another 'settlement' offer from another fake law office. I sent them a DV/ full C&D, and about a month later I received a packet from CapOne with copies of my last several statements up to the chargeoff, and the (properly dated) terms and conditions (which included the 'bound by the laws of VA' stipulation - 3 year SOL), which basically means they sent me "Defense Exhibit A" if they ever try to sue me. So yes, they do have EVERYTHING. I have also over the course of the past few years received numerous letters from them offering to freeze interest/settle/yaddayadda if I go on a payment plan. These were obviously in an attempt to re-age the account. I, along with many others here as it seems, have just recently received a regular statement/bill for the charged off account ($600 principle with almost $2000 interest). Since it is well beyond SOL and there's nothing they can legally do to me at this point, it went right into the shredder. If indeed 6 years have passed since the account was charged off, and there has been no payment activity or promises to pay (written or oral) since then, you are most likely beyond SOL in any state.
  12. JerseyMatt

    What can I do

    I just got one too yesterday. New strategy I guess.. You stayed off their radar long enough for the SOL to expire, so it is merely a formality at this point. For what legal recourse they have over you now, it may as well say Charmin at the top. Why would you suggest that? It's a time barred debt out of SOL and reporting limits. The only thing paying it would do besides clearing your conscience is to wreck your credit for another 7 years with a paid derog because paying it would re-age it. I'm in the same boat. I owe as of the statement they just sent me, $2254. The original CL was $600. Acct was charged off in 2001. They can kiss the whitest part of my flowers if they think they're getting a dime now. I HOPE they send another CA/fake law firm after me. I just won a case against another CA for $1000 (after they harassed me for a $154 debt). I've tasted blood and I want more.
  13. It was my dad's policy with spouse coverage. The annual deductible was $1500. She was hospitalized for surgery and the total billed to insurance was over $30,000. They are going after her because she was the patient, so everything came addressed to her, and it was directly from the hospital. Not a single thing came addressed to my dad. I don't know if she still has the paperwork, because she moved between then and now. But I know the bill is definitely for the deductible. I should still proceed as you said? Gotcha on the reason. Makes perfect sense. One more explanation if you would, why not return receipt? Wouldn't you want proof that they got it?
  14. The bill is actually half the deductible from a surgery she had. As directed by the court, she paid her half and forwarded the bill for the other half to my dad. He never paid it. Service was rendered 3 years ago. She is unable to work now due to disability, and as she was a homemaker for 27 years before the divorce, does not have enough SS credit to qualify for disability. She does not have the money to pay it out of pocket because she is living on alimony that barely keeps the lights on, but keeps her just above the income level for assistance. I can't even help her out because I was laid off and am on unemployment that barely pays my rent. I do have to ask though, what's the reasoning behind the teal/purple font and goofy stationary?
  15. I'm asking this one for my mom. She just pulled her CR and found that there is a CA reporting a $760 (valid, unpaid) medical bill that my dad was ordered to pay in their divorce decree over 2 years ago. I found out that the CA has been calling her and sending her dunning letters, but she hasn't been going about it the right way (telling them verbally on the phone that the bill was my dad's responsibility, writing same on dunning letter and mailing it back, no CMRRR, etc). It is being reported to all 3 CRA, one has no description, one has SAINT BARNABAS, one says MED1 SAINT BARNABAS. There are inquiries from Collect America, another CA (can't remember name OTOMH), and a law office. I will be handling this for her. What is my first step. Being as the debt is technically valid because she was the patient and the bill is in her name and SS, but the court ordered my dad to pay it and he hasn't, can I do the HIPAA route? Or do I have to send the CA a FOAD with the copy of the divorce decree? Any other routes? Is there a FCRA/FDCPA violation in there somewhere?

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