Search found 18 matches

by bluesky
Sun Mar 05, 2006 7:49 pm
Forum: General Discussion
Topic: Defendants: Department Store and the Issuing Banks/Servicer?
Replies: 4
Views: 4497

Mr. Szwak, Please fax me a copy of what you filed. It might take me a little while to respond [I have court all this week] but I will respond ok, I will do that. That state's mini-credit reporting act [Cal CRA] is specifically exempted from any arguable preemption under 15 USC 1681t[b][1][F] [look a...
by bluesky
Sat Mar 04, 2006 7:38 pm
Forum: General Discussion
Topic: Defendants: Department Store and the Issuing Banks/Servicer?
Replies: 4
Views: 4497

Mr. Szwak, Thanks for responding. I know nothing about the facts of your case so: [1] ID theft; [2] mixed file? [3] other inaccuracy case? I sued them for false and inaccurate reporting - re-aging the chargeoff status date from 2001 to 2005, and incorrect 120 and 180 day lates in 2005. What theories...
by bluesky
Fri Mar 03, 2006 8:50 pm
Forum: General Discussion
Topic: Defendants: Department Store and the Issuing Banks/Servicer?
Replies: 4
Views: 4497

Defendants: Department Store and the Issuing Banks/Servicer?

Hello Mr. Szwak, I just sued an OC - a department store card for FCRA violations. I did not include the bank card issuing company, FDSB, and could this cause my case to be dismissed? Is it necesary, and should I amend my complaint to include the bank/servicer? On Transunion, which has the errors, th...
by bluesky
Wed Mar 01, 2006 5:58 pm
Forum: General Discussion
Topic: Help with General Release, Please
Replies: 8
Views: 6329

Thank you!

bluesky
by bluesky
Wed Mar 01, 2006 3:56 pm
Forum: General Discussion
Topic: Help with General Release, Please
Replies: 8
Views: 6329

Hello, I have another questionr about my first release, as the bank and I are stuck at these parts. I crossed out the underlined part because I understand it to include additional claims not in my action. From my understanding they want me to release the account too from any future claims. Correct??...
by bluesky
Tue Feb 28, 2006 9:17 pm
Forum: General Discussion
Topic: Help with General Release, Please
Replies: 8
Views: 6329

Mr. Szwak, Thank you for responding! I am surprised that a defendant would settle without resolving all issues between you and them. That is not smart on their part. It would lead to piece-meal litigation I only filed for actual damages because according to the RosenthalFDCPA if it is corrected with...
by bluesky
Mon Feb 27, 2006 1:21 pm
Forum: General Discussion
Topic: Help with General Release, Please
Replies: 8
Views: 6329

Help with General Release, Please

Hello Mr. Szwak, I am in the process of settling a case with an OC and the following sections I do not fully understand, and I was hoping that you can shed some light on it for me? I am willing to only release the claims that I have filed on, which are actual damages only. I believe this section is ...
by bluesky
Sat Dec 17, 2005 7:07 pm
Forum: General Discussion
Topic: Derogatory Statement
Replies: 3
Views: 2362

Mr. Szwak, I really appreciate the valuable time you take to respond. I tried to post a copy of the tradeline here, but I couldn't get it to paste for some reason. I will send it to your email here as an attachment. Regarding the subpeonas and Motion for Discovery, I forgot to mention that this Arbi...
by bluesky
Fri Dec 16, 2005 12:15 am
Forum: General Discussion
Topic: Derogatory Statement
Replies: 1
Views: 2083

Derogatory Statement

Hello, I had a false statement of "Child/Family Support Obligation" appear on the tradeline of my Lerner store charge card account that was chargedoff. This comment appeared in the ADDITIONAL INFORMATION Section on Equifax and was on there for about 6 mos (on six paper reports from EQ). I don't know...
by bluesky
Thu Dec 15, 2005 11:23 pm
Forum: General Discussion
Topic: Are FCRA Settlements Taxable?
Replies: 2
Views: 2565

Mr. Szwak, Thank you! I appreciate all your help!

bluesky
by bluesky
Tue Dec 13, 2005 2:32 pm
Forum: General Discussion
Topic: Re-aging
Replies: 8
Views: 4764

Hi Juliusx1,

Thanks for your comments, very helpful! I wish you much luck in your case, as I'm sure not ready to take on a CRA pro se yet! Let us know how your case turns out if you can, ok?

bluesky
by bluesky
Sat Dec 10, 2005 4:48 pm
Forum: General Discussion
Topic: Re-aging
Replies: 8
Views: 4764

oh, I see, I understand now regarding the internal accounting issue. In one of their letters to me they did state that the debt was written off in 2001. So I guess I can use that as proof as to when they charged it off. Are they required by law to chargeoff after 180 days, or is it an option? I read...
by bluesky
Sat Dec 10, 2005 1:14 pm
Forum: General Discussion
Topic: Are FCRA Settlements Taxable?
Replies: 2
Views: 2565

Are FCRA Settlements Taxable?

Hello, I demanded arbitration on a creditor for FCRA violations, and they have offered to settle for $1,000 and stated that I have to complete a W-9 and to receive a 1099. Do you know if this is correct, as I was under the impression that settlements for statutory damages are not taxable? If I compl...
by bluesky
Sat Dec 10, 2005 1:04 pm
Forum: General Discussion
Topic: Re-aging
Replies: 8
Views: 4764

Thank you for responding, Mr. Szwak! I just checked my reports and they list the correct date of first delinquency. I have written both creditors regarding the "as of 2005", and one corrected theirs to "Charge of as of 2001", but the other company did not. So I am in the process of drafting an ITS l...
by bluesky
Fri Dec 09, 2005 9:55 pm
Forum: General Discussion
Topic: Re-aging
Replies: 8
Views: 4764

Re-aging

Hello, Is re-aging also when an OC reports a status that an account was charged-off as of 1/2005 when it was actually charged off as of 3/2001? On another account that was also charged-off in 2001, it reports 180 days past due each month from 2/2005 through to 10/2005. I applied for credit back in A...
by bluesky
Sat Nov 05, 2005 10:04 pm
Forum: General Discussion
Topic: Still bound by Arbitration?
Replies: 1
Views: 2597

Still bound by Arbitration?

Are you still bound by Arbitration with the Original Creditor if your charged-off acount is sold?
by bluesky
Sat Nov 05, 2005 9:34 pm
Forum: General Discussion
Topic: Parent Company - Permissible Purpose
Replies: 4
Views: 3440

Mr. Leech, thank you very much!
by bluesky
Wed Nov 02, 2005 8:33 pm
Forum: General Discussion
Topic: Permissible Purpose on Sold Charge-off
Replies: 1
Views: 2125

Permissible Purpose on Sold Charge-off

If a charge-off account is sold does the original creditor/previous owner still have permissible purpose for an account review inquiry years later?

Thank you,
bluesky

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