Jump to content

Search the Community

Showing results for tags 'legal'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Intro & News
    • Please Read Before Posting - NEWBIES START HERE
    • CB gets Press!
    • CreditBoards Success Stories
    • Newbies Section
  • Creditboards Main Forums
    • Credit Forum
    • Medical Billing & Medical Collections
    • Bankruptcy
    • Foreclosures/Loan Modifications
    • Chexsystems Help
    • Debt Consolidation, Counseling and Management
    • Military Credit
    • Canadian Credit
  • Financing
    • Mortgages
    • Automotive Financing
    • Student Loans
    • Business Credit
  • Money Management
    • Money Management
  • Special Topics
    • VISA MC policies
  • Resources
    • Laws Laws Laws
    • Where can I Find?
    • CaseLaw
    • State Laws
    • Debt Collector Hall of Shame
    • Identity Theft
    • CreditPulls Database
    • Databases and Reference
    • Sample Letters
  • Misc.
    • General Discussion

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Website URL


ICQ


Jabber


Skype


Location


Interests


Member Title

  1. Fresh off the Printer! CDIA's Popular FCRA Booklet Updated to Include S.2155 the Economic Growth, Regulatory Relief, and Consumer Protection Act Order your replacement FCRA booklet today! CDIA's popular FCRA booklet has been updated to include the Economic Growth, Regulatory Relief and Consumer Protection Act (S.2155). Now known as Public Law 115-174, the updated provisions related to the Fair Credit Reporting Act (FCRA) are: TITLE III—PROTECTIONS FOR VETERANS, CONSUMERS, AND HOMEOWNERS SEC. 301. PROTECTING CONSUMERS' CREDIT. SEC. 302. PROTECTING VETERANS' CREDIT. TITLE VI—PROTECTIONS FOR STUDENT BORROWERS SEC. 602. REHABILITATION OF PRIVATE EDUCATION LOANS. Formatted in a convenient, portable size, the CDIA's popular FCRA booklet contains the text of the Fair Credit Reporting Act (FCRA) and all subsequent amendments to the Act. It provides an easy way for you to quickly reference specific provisions of the FCRA. This 93-page mini-booklet is an indispensable resource to users with FCRA compliance responsibilities, such as CRAs, lenders, and data furnishers/users. Stay up to date with your regulatory obligations under the FCRA — an important core risk management function. Order your updated FCRA booklet today! $27 for CDIA members $47 for non-members Save with the purchase of 10 or more FCRA Booklets!* 5% off orders of 10-24 booklets 10% off orders of 25 or more booklets *Discounts are applied automatically. For more information, please visit CDIA website or contact CDIA Education Services or at cdia_training@cdiaonline.org or (202) 408-7417. I just cut and pasted my email. I don't know how long the links will be active from the CDIA.
  2. Apparently I'm good at pushing legit business boundaries too far as I keep getting blacklisted for permitted behavior as previously Chase blacklisted me for using their $500 offers too many times a few years ago and Fort Knox CU refuses to let me add an authorized user to my gas credit card. Just got a letter (apparently an ECOA notice since it includes the required small print) from USAA stating that they are going to close my credit card account due to "unacceptable behavior or activity" and stated they will take next steps of: Discontinue my bank access to usaa.com and banking services available through that site. Deny applications for other USAA products and services. This is annoying as I'd like to know what I did wrong so I can avoid repeating it in the future with another institution. I called them up to ask, what exactly was the issue and they had nothing to offer other than "unacceptable behavior or activity" and a supervisor was even less helpful and wanted to get off the phone quickly. I asked how do I know the unacceptable behavior is not the church I attend or due to a bug in your computer systems? They had no useful response. They also had no response to whether this would impact my DW or children. They did say that my home, auto, renters, and umbrella insurance policies are not affected, although I expect my premiums will go up without the banking relationship in the future. It is unclear to me from the letter whether they are closing my banking accounts. It appears to only say online access is to be removed. Letter is dated beginning of October, and I still have online access as of today and my checking/savings (joint with DW) are still open. I also received two letters by overnight FedEx, dated a couple days later, and left on my doorstep with no signature taken that I found recently. These letters, one to me, one to my wife, stated: In keeping with USAA' s core values and our commitment to our membership as a whole we are discontinuing your business relationship with the USAA Investment Management Company (IMCO). Both the brokerage closing letter and the credit card letter are very vague as to what my sins are in their eyes, but I share this here in the hope that others way try be able to avoid a similar fate or may have other advice or suggestions. My USAA membership was opened around 2010 shortly after I joined CreditBoards and my credit card was opened around 2016. I've come up with a list of possible actions I've taken that could possibly be the source of their institutional displeasure, which I've tried to rank using my estimation from highest probability to lowest probability: About 3 months ago I discovered that for my joint checking account I could ACH transfer in $5,000 per login per business day with no hold, so I could do $5K and my DW could do $5K on the same day and I did this about 4 times over the last 3 months to avoid having to do it over two days from just one login. My checking account was my ACH hub, I transferred large amounts of money through USAA between USAA and other banking institutions, using ACH in and ACH out. Other than the transfers, I did not maintain a significant balance in this account. For example, I paid my rent each month by ACH and I used their ACH to create activity at other financial institutions that require ACH for a free account. My daily ACH limit in and out were each $8,000, but for no hold on transfer in, limit was $5,000 with excess amounts having a several day hold, however, it would also allow $5,025 per day with no hold, which I often exercised. About 4 years ago, I used their CCT service they rebranded under the USAA name to bump inquiries from Equifax by pulling my credit report daily using automated web scripting. I know an officer in the military that feels wronged by me for enforcing a contractual relationship in a way they felt was unfair. Could this person have contacted USAA proactively to get them to blacklist me for this auto bump activity? I only used my credit card for balance transfer offers, twice at 0% and never paid them any interest other than the transfer fee. I applied for CLI and got one up to $30K limit about 9 months ago. They even sent a new 0% balance transfer offer on this account about 45 days ago, which I did not utilize. About two years ago, I had an ACH overdraft due to funds held uncleared at the bank it was drawn upon, but it did not pull overdraft from my credit card, so I covered the overdraft within about 5 days. USAA complained that I had a low balance in my brokerage account about a year ago, so I raised the balance to $500 to meet their requirements for non-closure, I never had any trades in the account and maintained it to get additional discounts on my insurance. (This brokerage account is the subject of the overnight FedEx closure letters.) I got an extended fraud alert added to my credit reports about 45 days ago. (Since their adverse action letter made no mention of a credit reporting agency, I imagine this could not be the case. I think I will make sure and get all three reports to see if they soft pulled my credit report and failed to divulge.) My savings account was never really used and was maintained with a small balance. Perhaps it is some combination of the above? Or if none of those seems likely, then could there be some kind of computer glitch I am the unfortunate victim of? Should I be concerned that USAA will be looking to non-renew my insurance policies now despite the CSR saying no impact to insurance? Does it make sense to file complaints with: CFPB OCC For example, I could complain that the 1002.9 regulations require: (2) Statement of specific reasons. The statement of reasons for adverse action required by paragraph (a)(2)(i) of this section must be specific and indicate the principal reason(s) for the adverse action. Statements that the adverse action was based on the creditor's internal standards or policies or that the applicant, joint applicant, or similar party failed to achieve a qualifying score on the creditor's credit scoring system are insufficient. And the "Official interpretation of Paragraph 9(b)(2)" from the same link says: 2. Source of specific reasons. The specific reasons disclosed under §§ 1002.9(a)(2) and (b)(2) must relate to and accurately describe the factors actually considered or scored by a creditor. 3. Description of reasons. A creditor need not describe how or why a factor adversely affected an applicant. For example, the notice may say “length of residence” rather than “too short a period of residence.” 6. Judgmental system. If a creditor uses a judgmental system, the reasons for the denial or other adverse action must relate to those factors in the applicant's record actually reviewed by the person making the decision. I'm not sure USAA has complied as 2) I do not feel like I got an accurate description of the factors actually considered by USAA when they say "unacceptable behavior or activity", but is that covered by 3) their not needing to describe how or why the factor affected me? Would their reasons be considered 6) a judgmental system, in which case, how do I know the adverse action related to factors in my record actually reviewed by the person making the decision? What would be the basis for any complaints to CFPB or OCC? Any other thoughts or ideas?
  3. https://socialchangenyu.com/review/consumer-protection-and-tax-law-how-the-tax-treatment-of-attorneys-fees-undermines-the-fair-debt-collection-practices-act/#TOC.III.B
  4. [Offered With limited Commentary] Education Secretary Loses Lawsuit on Student Loan Forgiveness https://www.forbes.com/sites/zackfriedman/2018/09/17/student-loans-lawsuit-devos/#705b3a463230 Loan Forgiveness is a Poor Use of Taxpayer Money https://www.forbes.com/sites/prestoncooper2/2018/09/07/loan-forgiveness-is-a-poor-use-of-taxpayer-money/#159b390f7b89 Despite Powerful Allies, Problems Persist in For-Profit Education https://www.forbes.com/sites/joshmoody/2018/09/17/despite-powerful-allies-problems-persist-in-for-profit-education/#4fce87b364cd The last article also mentions Education Corporation of America, mentioning they are closing 26 locations by 2020. Rather than the ITT or Corinthian route of just leaving students hanging with worthless credits and a stack of student loans, ECA is allowing their students to finish out their programs but are no longer accepting new enrollments. Maybe it's because prospective students are finally figuring out the truth about these diploma mills and avoiding them like the plague?
  5. https://kfiam640.iheart.com/content/2018-09-14-arizona-man-fakes-down-syndrome-hires-caregivers-to-bathe-and-change-him/#
  6. Hi all -- I'm new and happy to be here. Having already arbitrated with a P-to-P lender via JAMS and received a deletion and cash settlement, I am now ready to take on USAA. The issues are procedural (failure to report account as disputed to CRAs during lengthy direct dispute process) as well as substantive (duplicate account reporting for several months, inexplicably verified by EX and OC). My questions are these: When preparing the Demand for Arbitration for JAMS, is it best to include Experian as an additional defendant, or to arbitrate with them separately if necessary? I believe their TOS requires use of AAA. Does anyone have experience arbitrating with USAA? My inclination is that they will not settle as quickly as the P-to-P lender, who required some fight from me, but not all-out war. USAA seems like a different story. Note: I know that USAA uses AAA as the arbitration forum for credit card accounts, but I have a USAA FSB agreement that references JAMS, and the result letters USAA sent me all specifically come from USAA FSB, not the credit card operation.
  7. I purchased a car on Saturday from a used car dealer. I was already pre-approved with Langley Federal and the dealer convinced me that since Langley wouldn't send them payment on Saturday that I could apply with them for "back up financing" so I could drive the car off the lot and they will send over the sales documents to Langley. I receive a call from Langley this morning advising that the only thing they need to close my loan is a front and back copy of the car title. I emailed the finance guy at the dealership and he responds back that they don't have the car title so now I have to accept their financing. I'm in Georgia and I did a quick Google search that seems to indicate that selling a car that you don't have a title to is illegal. What steps should I take at this point?
  8. I will try and make this as short as possible. I live in Illinois, bought my home in Jan 2005, and took out a HELOC in April of 2005 with E-Trade. Defaulted on HELOC in late 2008 with E-Trade Filed BK 7 in December 2009 and Discharge in March 2010 the E-Trade loan was never reaffirmed during BK. The loan was sold to Specialized Loan Servicing (SLS) in January 2014 without me knowing or getting notification from either party. Neither showed up on my credit report. I new the BK protected me from being sued for any balance left if I sold my home at a loss were the junior lien holder (E-Trade / SLS) was not paid in full but the lien was still attached to the property and they could foreclose. Recently applied for a HARP loan and that is when SLS showed up on the title search, they refused to subordinate and sent a payoff letter for the 41k principal and had an additional 12k in interest that they charged not E-Trade which we hadn't made a payment to since late 2008 the interest was from January 2014 when they purchased the account from my math. Is this 12k interest legal without at least letting me know somehow they even owned it? I got my first letter from them a few weeks after the harp loan was dead in the water. I hired an attorney but since they have only sent one letter giving me like 4 options to cure the situation it isn't a pressing matter for my attorney who I have only been dealing with for about a week. They are still in the process of collecting my documents and trying to get a modification hopefully on just the principle. I just want to know if I am on the hook for the extra 12k which is growing by $7.89 daily.
  9. https://www.americanbanker.com/news/loans-not-subject-to-usury-cap-can-still-be-illegal-calif-high-court An interest rate on a consumer loan in California could be deemed illegally high even if it is not subject to usury laws, the state's Supreme Court ruled Monday.
  10. I have been car shopping and trying to open a new checking account. I received a denial letter from one auto finance company citing only Trans Union and Factor Trust. When I tried to open a checking account, I was denied and the denial letter cited only Chexsystems. When I ordered my Chexsystems report, only one of the six reasons for their denial were included on my Chexsystems report (too many inquiries). Otherwise, this report was blank. But, under inquiries, there were 8 inquiries from some of the auto finance companies that my application had been sent to. While the auto finance company cited Trans Union and Factor Trust in their denial letter, they also pulled a Chexsystems report and did not disclose it on their letter. The bank where I tried to open a checking account cited only Chexsystems in their denial, but the reasons they listed included things like delinquent/derogatory credit behavior, etc. that are not on my Chexsystems report, which makes me think they either pulled another credit report and did not disclose it, or they just are pulling their reasons for denial out of the air. My TU/EX/EQ are all monitored and I get nearly immediate alerts if there's a new hard pull and this bank never made one. I suppose it's possible they soft pulled somewhere or pulled one of the alternate credit bureaus but don't they need to disclose that? This is the first time I have ever seen inquiries from auto loans on my Chexsystems report. There are now 8 of them and it is preventing me from opening a bank account. The auto finance companies have been pulling my Lexis/Nexis (5x), Sage Stream (4x), and Factor Trust (1x) but so far these have been disclosed to me. I'll see when I get my paper reports from them if there are any more. Now, I don't necessarily have an issue with a creditor pulling any/all bureaus to make a decision, but shouldn't they have to disclose all of them? Not one of the 8 auto inquiries on my Chexsystems report was disclosed to me by a lender. I found out when I was denied a checking account. Perhaps, if I knew auto finance inquiries counted on Chexsystems now, I would have opened a checking account before shopping for a car.
  11. Lender's attorney sent an FDCPA validation notice and filed for foreclosure suit (judicial foreclosure state) before the end of the validation period. Since the attorney held themselves out as subject to the FDCPA , is this a violation?
  12. not a huge deal but i'm curious what is the norm here. when i signed for my heloc yesterday it took mere minutes then when i was done she handed me a folder with copies of all the documents she made before i arrived. obviously unsigned. does a customer normally get copies that theyve signed or not a big deal? basically is there any instance years down the road where i'm gonna wish i had all the signed/notarized documents?
  13. Hi, I am going to apply for a corporate credit card, either AMEX or Capital One most likely, and I want to provide some of my employees with authorized user accounts (I think that's the correct term for them?) However, I want to keep their names anonymous. Is it breaking any obscure laws to register the user accounts under pseudonyms, like 'John Doe', 'John Smith', etc? My card account will obviously be registered under my real name and business- this is just for the employees' individual cards, which all will charge to the main business account (which again, won't be pseudonymous) Thank You!
  14. I had a debt that changed hands five times. CA #3 is reporting it as a collection to all three bureaus. I paid the debt in full to CA #5. I know that the debt can only be reported once by the OC and once by a CA, but does it matter which CA reports? For example, if CA #5 is not reporting, can CA #3 continue to report the debt even though it was transferred to another CA?? I disputed the entry with each of the bureaus, and all they did was update it. However, the CA is reporting the wrong account number (let's say the real account number ended in 4263; they are reporting it as 5260--same middle digits, but different first and last digits), and the amount they are reporting is not even the original amount of the debt. I know I can dispute it based on the incorrect account/balance info, but I am betting the CBs will just update it with the correct info instead of deleting. I'd love to be able to send proof that it's paid in full and have them delete it for good.
  15. falikal

    EWS

    I have the following information on my EWS report ... I really dont know if its bad or good but chase wont give me an account by automated system so it cant be good... help? What is scaring the banks and what can I do to fix things .. I do currently have two good banks .. 1st National and Capital one both with significant sums of money in them. USAA Principal Loss: $0.00 Fee Reversal: $0.00 Combined Loss & Fee Reversal: $0.00 Paid/UnPaid/Settled: Unpaid Contribution Reason: Transacting (or attempting to transact) with an account in an unauthorized or prohibited manner. USAA Incident Date: 12/16/2014 Principal Loss: $0.00 Fee Reversal: $0.00 Combined Loss & Fee Reversal: $0.00 Paid/UnPaid/Settled: Unpaid Contribution Reason: Transacting (or attempting to transact) with an account in an unauthorized or prohibited manner. Bank of America Open Date: 12/10/2007 Close Date: 10/07/2011 Current Account Status: Closed For Cause-Purged Previous Account Status: Closed For Cause Date of Last Status Change: 01/05/2012 Bank of America Open Date: 12/10/2007 Close Date: 10/21/2011 Current Account Status: Closed For Cause-Purged Previous Account Status: Closed For Cause Date of Last Status Change: 12/07/2011 Above account is on twice with same account number and same info Compass bank Open Date: 03/14/2013 Close Date: 11/20/2013 Current Account Status: Closed For Cause Previous Account Status: Closed For Cause-Purged Date of Last Status Change: 07/14/2017 Compass bank Open Date: 03/28/2013 Close Date: 11/29/2013 Current Account Status: Savings Closed For Cause Previous Account Status: Savings Closed For Cause-Purged Date of Last Status Change: 07/14/2017 Compass bank Open Date: 02/18/2015 Close Date: 02/24/2015 Current Account Status: Closed Previous Account Status: Closed-Purged Date of Last Status Change: 07/14/2017 Compass bank Open Date: 02/18/2015 Close Date: 02/26/2015 Current Account Status: Closed Previous Account Status: Closed-Purged Date of Last Status Change: 07/14/2017 Suntrust bank Open Date: 06/12/2017 Close Date: 06/13/2017 Current Account Status: Closed-Purged Previous Account Status: Closed Date of Last Status Change: 07/03/2017 Suntrust bank Open Date: 06/12/2017 Close Date: 06/13/2017 Current Account Status: Savings Closed-Purged Previous Account Status: Savings Closed Date of Last Status Change: 07/03/2017 USAA Open Date: 02/08/2012 Close Date: 10/02/2015 Current Account Status: Closed For Cause Previous Account Status: Post No Debits Date of Last Status Change: 10/02/2015 USAA Open Date: 05/08/2012 Just lists a open date USAA Open Date: 07/06/2012 Close Date: 12/16/2014 Current Account Status: Savings Closed For Cause Previous Account Status: Savings Post No Debits Date of Last Status Change: 12/16/2014 USAA Open Date: 09/24/2012 Close Date: 12/15/2014 Current Account Status: Closed-Purged Previous Account Status: Closed Date of Last Status Change: 12/28/2017 USAA Open Date: 09/24/2012 Close Date: 12/04/2014 Current Account Status: Closed For Cause Previous Account Status: Post No Debits Date of Last Status Change: 12/04/2014 Wells Fargo Open Date: 10/06/2014 Close Date: 11/18/2014 Current Account Status: Closed For Cause-Purged Previous Account Status: Closed For Cause Date of Last Status Change: 11/23/2015 Wells Fargo Open Date: 09/25/2014 Close Date: 12/11/2014 Current Account Status: Closed-Purged Previous Account Status: Closed Date of Last Status Change: 11/23/2015 Wells Fargo Open Date: 10/09/2014 Close Date: 11/19/2014 Current Account Status: Closed-Purged Previous Account Status: Closed Date of Last Status Change: 11/23/2015 Wells Fargo Open Date: 10/30/2014 Close Date: 11/18/2014 Current Account Status: Closed For Cause-Purged Previous Account Status: Closed For Cause Date of Last Status Change: 11/30/2015 Wells Fargo Open Date: 07/29/2014 Close Date: 11/14/2014 Current Account Status: Closed For Cause-Purged Previous Account Status: Closed For Cause Date of Last Status Change: 11/30/2015 Wells Fargo Open Date: 10/09/2014 Close Date: 10/09/2015 Current Account Status: Closed-Purged Previous Account Status: Closed Date of Last Status Change: 08/28/2017 Wells Fargo Open Date: 09/25/2014 Close Date: 12/18/2015 Current Account Status: Closed-Purged Previous Account Status: Closed Date of Last Status Change: 08/28/2017 Wells Fargo Open Date: 03/27/2013 Close Date: 01/08/2014 no account status
  16. Hi new member, I have a question, I'm currently on a payment plan with NRA collection agency for about $5k in medical debt. Which i should have paid off within the next 6 months. But I want to know would it be wise to do the HIPPA process now to try to get it just removed from my report. and I still be able to make my monthly payments. Also they said they would remove it complete once the debt was paid in full.
  17. Recently I took a cruise on Norwegian Cruise Line (NCL). I'm not into cruising, and this one wasn't that great, but that's another story. Anyway, the photography department billed me $25 for a photograph I did not buy. I go to the reception desk before disembarking, and they said they'll take care of that item on my invoice. Of course, they did nothing, and billed me anyway. On Citibank's website there's a place to dispute a charge. In this case, I'm only disputing part of the charge, as the other junk I purchased on this cruise was valid. I enter the amount I am disputing, and then I'm prompted with a question asking if I have proof the charge isn't valid. I clicked "NO" since it's basically my word against NCL's word. After I click the "submit" button the page says something like "Congratulations, you've been issued a PERMANENT credit for the $25." Easy-peasy. They didn't even ask me the reason or what I'm disputing in the charge. Does Citibank just eat this, because I've been a long time customer and $25 is probably nothing for them to be bothered with, or do they deduct the $25 from what NCL gets (they should!)? I'm thinking if I was disputing something big, like a $1,000 charge, it wouldn't be this easy.
  18. if you pay off you loan early who do you get your money back from? the dealer that sold you the car, the bank that held your loan?
  19. I received letters from the IRS today notifying me that my taxes from 2005 and 2006 were sent to private collections. I thought I paid those two years but I learned about the IRS claiming they were overdue 9 years later. The amounts were way higher than I could have possible owed and only a year away from expiring so I just ignored them. I have great credit (830ish) and will be buying a home in a year so I'm freaking out over this. Could these hit my credit reports even though they are 10+ years old? Will I get constantly harassed on the phone now? Can I negotiate a settlement? Thanks all
  20. http://www.autodealermonthly.com/channel/rules-of-the-road/article/story/2018/03/a-dealer-win-and-a-couple-of-lessons.aspx
  21. I got an auto loan through my dealer with a local credit union last year. I have been offered a job in another state (Alaska) and was wondering if i am allowed to stay with my current loan even though I’m moving? thank you
  22. So I made a mistake and financed furniture for my first place. I was young and idoitic and signed a contract that stated all sales final. The contract also stated that I had seven days to get a refund for the merchandise. The merchandise was not in store and the company had to order it online. After a good nights sleep something felt off and I searched the furniture store and noticed most people got furniture that was nothing like what they wanted. I called both the financing company and the merchant to make good on their seven day policy. I never reccieved any furniture and did not walk away with anything. The merchant gave me the run around and said there was nothing they could do. The account was closed May 1st but re opened and charged May 14th. I disputed the charges as the furniture was never attempted to be delivered. I also mailed a cease and desist to both the merchant and the fiance company within the seven day period. The financing company said that I could not dispute the charges and that the contract was binding. I let them know that I still had not reccieved anything from the merchant and the financing company disputed it again. I checked my credit and the balance on the credit card dropped to zero. Is this because it’s in dispute? The balance did not decrease the first time I disputed it. I was young and made a mistake I’d just like to know my options.
  23. I am one month away from paying off my auto load through a local credit union. The loan is in good standing besides a little bit of late fees. Awhile back I had a credit card issued through this same credit union that I got behind on and the balance was charged off. Yesterday I was told that the title to my car is on hold and I won’t be able to get it until a balance from the credit card is paid off. My question is how can they do this if the balance of the credit card was charged off but they keep adding fees on top of it? Is my only option to pay these fees on the credit card before I can get the title to my car? Sorry for the long read and thank you for the help.
  24. It seems you are the man to ask, so Im hoping you can advise. Is it legal for a dealership to claim a person is putting money down on both submission to bank for lending and final purchase documents when the buyer is not actually putting anything down (& neither dealer or buyer plan to ever collect or pay this)? Many Thanks!!
×
×
  • Create New...

Important Information

Guidelines