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Showing content with the highest reputation on 01/07/2016 in Posts

  1. 3 points
    ive been out of the loop for awhile and wanted to update and thank everybody who helped me thru a real tough year or two. I'm happy to report that all of the defaulted debts are well past SOL, and that my credit score has been slowly climbing and has gone from 550 to almost 640 in just a year. My wife and i both recently got our first unsecured credit cards since the defaults. Were about 20 months away from the 7.5 year date since the last payment on the defaulted cards, at which negative credit reporting will cease. Was able to settle our underwater second mortgage for less than full amount and bring our home back into the black I owe so much to the people who helped me (you know who you are), and do my best to pay forward the knowledge i learned and documents and defenses i used to others in the same battle just wanted to give a little HOPE to people who get down in the dumps when it seems that your world is crashing around you. Time heals all and today is a great day to put your best foot forward. somebody recently gave me some words to live by: No amount of anxiety can change the future and no amount of gulit can change the past - so live in the day! <3
  2. 1 point
  3. 1 point
    @debtintexas Then it's correct that the SOL began the next month when payment was due.
  4. 1 point
    Start working on Motion in opposition to their MSJ. Also make sure to have the MTC ready and have 3 copies of everything made You must get the affidavit notarized too. When you have OMSJ ready come back and post it for review.
  5. 1 point
    @Jessa519 In September, the Encore Capital Group (Midland's owner) settled a lawsuit filed against it by the Consumer Financial Protection Bureau. The Bureau determined that Encore and its subsidiaries engaged in illegal debt collection tactics which included filing lawsuits without proper documentation. Here's some interesting excerpts from the Consumer Financial Protection Bureau's Order: Page 4 10. "Effective Date" means the date on which this Consent Order is issued. (Which would be September 3, 2015) 14. "Encore" means Encore Capital Group, Inc., as well as its current (as of the Effective Date) or former, direct or indirect, affiliates, subsidiaries, parents, divisions, or branches, and all of their successors and assigns, that are directly or indirectly engaged in the purchase, transfer, or collection of U.S. Consumer receivables, including, but not limited to, Midland Funding, LLC, Midland Credit Management, Inc., and Asset Acceptance Capital Corp. Page 5 16. "Relevant Time Period" means the period from July 21, 2011 to the Effective Date. Pages 34-35 PROHIBITION AGAINST THREATENING OR FILING COLLECTION LAWSUITS WITHOUT AN INTENT TO PROVE THE DEBT, IF CONTESTED iT IS FURTHER ORDERED that: 131. Encore, Encore's officers, agents, servants, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Consent Order, whether acting directly or indirectly, are permanently restrained and prohibited from: a. Initiating a Legal Collection lawsuit unless in possess of the following: iii. A certified or otherwise properly authenticated copy of each bill of sale or other document evidencing the transfer of ownership of the Debt at the time of Charge-off to each successive owner, including Encore. Each of the documents evidencing the transfer of ownership of the Debt must include a specific reference to the particular debt being collected upon; There's no bill of sale from Credit One to Sherman. Also, motice that very last line. In order to file a lawsuit, a bill of sale offered into evidence by Midland must include a specific reference to the debt being collected upon. The bill of sale from Sherman to Midland makes no reference to the account upon which the lawsuit is based. The CFPB's Order is not law, but it's a settlement upon which Encore, and thereby its subsidiaries, agreed. http://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf
  6. 1 point
    even if you cite both cause of action on your case, it is likely that they will object to one of them (account stated) and disregard the other one.
  7. 1 point
    we used to do it that way, citing all causes of action, Calawyer suggested this new version.
  8. 1 point
    Don't worry, I got your bat gadgets included to work when quoting via the phone. Simply highlight it with your finger or thumb, and to do that, simply hold said fIngersoll or thumb on the text until you get the highlight button, select the text by dragging the arrows, then click the highlited text and you'll get the same bubble, select that and voila. You now have your bat gadgets working on the site See below:
  9. 1 point
    I also like to testify in front of CFPB about how UNFAIR consumer arbitration is. I would also like to haul one particular bank to face the music. When big businesses/banks spend $200-300K they expect a win. It is my belief that If an arbitrator accidentally rules against the big business they will not be arbitrating cases involving the bank. I know when I get the strike and rank list there are always one or two arbitrators who seems to be a regulars in consumer arbitration. I've exchanged information with many other consumers privately and it seems that every JAMS location has its own REGULARS who are named as potential arbitrators in consumer cases. I wonder why?
  10. 1 point
    Midland or any JDB will not step into JAMS. I've tried on triple of the amount of the alleged debt you're being sued on. No luck ! I've seen ML try to scare a debtor by paying the initial $550 fees but backed out when it was billed after the strike and rank list prior to choosing the arbitrator (Bill is about $4-5K) plus each party (excluding the consumer ) must pay $400 case management fee. The AAA charges a big upfront fee which comes close to $3K but lets look a bit close to ROI (return on investment ) which is what JDB is in business for. If ML paid 3 cents on the dollar (high end) to acquire the alleged account then it paid $300 to take ownership. Do you think in its right mind it would pay $3K plus court fees plus attorneys fees to MAYBE (I say that b/c most people are uncollectable ) collect ? By the time it is done ML is out more than $10K in attorneys fees alone. That's why JDBs are the best candidates for arbitration. I know of one person who took a JDB to AAA and the JDB decided to go all the way to the hearing and he lost, the person did not really know what he was doing and didn't listen to the others who had gone before him. I've not been to AAA arbitration all my dealings were in JAMS. I'm not saying go into arbitration mindless, I'm saying it is the best strategy to deter JDBs from spending good money chasing bad.