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Original Creditors / Re: Strategy Tips: 1st 30 Day
« Last post by BellEbutton on Today at 08:56:03 PM »
djenny - if you applied just 10% of the energy you are planning to expend in erasing a single 30 day delinquency to simply paying your bills on time, over the next year or two the 30-day will lose all its significance and appear to be a simple hiccup on your credit report.

Jeezus, if all of us had your monumental problem DB would never have been created. We are used to seeing a LOT worse than what you present. I am not trying to belittle your angst about it, just to put it into perspective.

+1

jdenny, was the payment late?  If it was, what would be your grounds for having it removed?   Either it was late or it wasn't.

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I would not go with the signatory/non-signatory argument.  It is not really relevatant IMO. 



It most certainly IS relevant.

1.  At the time the account was opened, the law firm had not been hired to collect a debt.  Therefore, the law firm is a non signatory.

2. The law firm brought up the issue in its response to the MTC, so it must be addressed.

3.  There are many court rulings on forcing a non signatory to arbitrate.  It has to be shown how the non signatory is tied to the contract and should be forced to arbitrate.

Here's a ruling from NM.

"An attorney is an agent or one who is appointed and authorized to act in the place or stead of another." Regents of Univ. of New Mexico v. Lacey, 764 P.2d 873, 875 (N.M. 1988) (citing Black's Law Dictionary 117 (5th ed. 1979).   "A legal representative, defined in its broadest sense, is one who stands in place of another and represents the interests of another; a person who oversees the legal affairs of another." Id.

However, courts have ruled that contracts are a state issue.  It also needs to be seen how the governing state referenced in the agreement views non signatories, agents, etc.
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Got it so my affirmative defense should be that I am compelling arbitration.
And also file an MTC arbitration
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TCPA / Re: Student Loan Scam
« Last post by Flyingifr on Today at 04:26:56 PM »
I get the same texts and I haven't had a student loan since some time in the 1980's.
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Original Creditors / Re: Strategy Tips: 1st 30 Day
« Last post by Flyingifr on Today at 04:26:01 PM »
djenny - if you applied just 10% of the energy you are planning to expend in erasing a single 30 day delinquency to simply paying your bills on time, over the next year or two the 30-day will lose all its significance and appear to be a simple hiccup on your credit report.

Jeezus, if all of us had your monumental problem DB would never have been created. We are used to seeing a LOT worse than what you present. I am not trying to belittle your angst about it, just to put it into perspective.
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Original Creditors / Re: Strategy Tips: 1st 30 Day
« Last post by Bruno the JDB Killer on Today at 12:32:43 PM »
You keep asking the same questions hoping for a different response. Mom laid it out for you perfectly. If you do not have a legitimate, provable reason for a deletion, you are wasting your time. No decent  lawyer will take a case like this; the ones who aren't so decent will, but you'll lose and lose badly.

How much damage is one late TL doing? I mean, almost everybody alive has an occasional late payment.
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Arb should always be included as a defense. The MTC is separate. Agreements are posted at the CFPB database for all years 2009- present except 2015.
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Original Creditors / Re: Strategy Tips: 1st 30 Day
« Last post by jdenny on Today at 03:27:53 AM »
Presume for a second that I want to throw the kitchen sink at this one way or another.

What would be the most effective route at TL deletion?
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Original Creditors / Re: Strategy Tips: 1st 30 Day
« Last post by Clydesmom66 on Today at 03:17:15 AM »
I'll try to be short and sweet.
-1st 30 day late on my report ever


Well, start here:  was your payment actually late?  If so, then the rest of this post is nonsense.

-Keep filing complaints with CFPB (could probably take a dozen different angles)?
-Attempt to escalate with CFPB?

If the CFPB didn't get involved on the first one multiple complaints regarding the same issue is not going to get them moving.  There is also no option to "escalate" the complaint.  If that complaint works it is because the violation is so egregious the creditor has no desire for the agency to get involved.  If they simply sent your dispute to BoA the first time without getting involved then BoA knows they are immune on your issue.

-Send demand letter with civil complaint?
-Attempt arbitration?

MIGHT work but they could also simply refuse to arbitrate.

1) If I'm willing to fork out some money am I going to save much time drafting utilizing a cheap paralegal service or attorney? Or am I going to get a crappy document that I could probably write better if I drafted or am I going to spend a quite a lot of time explaining the arguments I want them to make?
2) Does paying an attorney to attach his name on a civil complaint scare the OC more?
3) If I did have an attorney go for FCRA violations + attorneys fees, but I did a bunch of the work (or acquired it) is it possible for that attorney to still request a decent chunk of legal fees that we can sort of treat as a retainer for future work?

1)  Depends on how good you are at drafting a compliant.  A sloppy and poorly drafted document will cause more harm than good.  Whether you draft it or a law firm.

2)  Nope.  Not a bit especially when the complaint is frivolous.

3)  It isn't a FCRA violation if they are reporting accurate information.  Threatening this in a suit for a valid reporting is financial suicide for you.  You are assuming you can get an attorney to take a case like this in Federal Court and allow you to do most of the work.  As for the fee arrangement no one here can predict what a lawyer or firm will agree to.  If they did request a "decent chunk of fees" that would be for the current case and the work they do on it.  If you win then that covers your current bill only.  Fees are not awarded in excess.  You would be allowing them to keep any punitive damages awarded on retainer for future work.
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Original Creditors / Strategy Tips: 1st 30 Day
« Last post by jdenny on Today at 02:41:00 AM »
I'll try to be short and sweet.
-1st 30 day late on my report ever
-BofA
-Steps taken: Multiple calls in to see if they could get it fixed. Department that handled rejected it numerous times, placed block on any more submissions. Filed w/ CFPB; rejected both of my resolutions (including a close and delete TL), but they did do half of that and close it (I asked for both or nothing; they closed and didn't delete anyway). Everything was recorded and numerous times supervisors and senior managers (managers of supervisors) said things that were either untrue or promised things that BofA never fulfilled.
-I left a testy call with the compliance official at BofA. Attempted NDA request and they said request was being submitted.

What do you think is worthwhile next steps:
-Keep filing complaints with CFPB (could probably take a dozen different angles)?
-Attempt to escalate with CFPB?
-Send demand letter with civil complaint?
-Attempt arbitration?
-Other?

A few other questions:
1) If I'm willing to fork out some money am I going to save much time drafting utilizing a cheap paralegal service or attorney? Or am I going to get a crappy document that I could probably write better if I drafted or am I going to spend a quite a lot of time explaining the arguments I want them to make?
2) Does paying an attorney to attach his name on a civil complaint scare the OC more?
3) If I did have an attorney go for FCRA violations + attorneys fees, but I did a bunch of the work (or acquired it) is it possible for that attorney to still request a decent chunk of legal fees that we can sort of treat as a retainer for future work?

Any tips would be appreciated.
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