mom34

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Everything posted by mom34

  1. I actually thought It was taken care of. I tried to contact the Gap company and could not get a response to my policy. The person at Santander told me they would take care of it. I still have the fax sheet where I faxed it to them. I just hope we are not screwed on this. It is over $6000.
  2. @Clydesmom Wonder why they didn't tell us that we would have to file the claim with the Gap policy? They had me fax the policy to them right after the accident and then ceased to contact us for months. We assumed it was taken care of.
  3. I refinanced a vehicle in 2006 with Citifinancial and purchased a Gap policy. The company sold my note to Santander. I wrecked the vehicle in November of 2011. I filed a claim with my insurance and also let Santander know I had totalled my vehicle. I argued with them the fact I had a Gap policy and then faxed the copy to them. They never let me know that they did not file on the claim (or did they). Now, 2 1/2 years later they have turned it over to a collection agency, Management Services Incorporated. I faxed them my contract with Citifinancial along with my Gap policy. They have not called us for two weeks and now a different agent called my husband last night and harrassed him. Do I need to hire a lawyer? What can I do to stop this harrassment? And can we beat it? When I told the first lady with the collection agency that we had a Gap policy she sent me a packet in the mail showing all of my information about my account and all of my payments made. She stated, " here is proof that this is your policy and you are liable". I told her that I knew it was my policy. That is not what I was trying to tell her. We had a Gap that should have paid for this! I appreciate any guidance I can receive from anyone.
  4. Thanks Jimmy! I appreciate everyone's help in this. It was a lot of hard work and I had to study, study, study, but well worth it. I received a lot of help from some very experienced people.
  5. I agree Jimmy! I don't know much about what happened. I only know what others have told me. So, I actually don't know the whole story. I hope the moderators don't take this wrong, but I feel as though the ban should be lifted. He has been such a great help to so many people on here. He is very knowledgeable and most of us could not get through this time with-out him. I truly believe that all he has done for the good should out-weigh what the moderators disagree with.
  6. I agree! He helped me a lot in March. I have really learned a lot from his threads. I have studied some of them to prepare in case I have to go to court. I don't know if I can be as confident as he is though. I truly don't know what I would have done to prove my case if I hadn't found this site.
  7. I really see your point Jimmy E. Thanks for everyones input. This is all still very confusing to me. Learning as I go.
  8. @Lincoln Lark Thank you. That is exactly what I will do. I will accept any advice I cant get!
  9. Thanks so much Jimmy! That all sounds logical to me!
  10. Thank you! Trying to decide when to send it all. I just sent my response to his request for admissions and got the signature card back on Saturday. Trying to determine how to time it all out. I really appreciate all advice!
  11. I really appreciate that info Shellieh98! What would you suggest I ask for in my "Request for Documents". Preparing that request to send out sometime this week. I really appreciate any advice I can get!!
  12. Joyce, go to the top of this page and click on "forums" tab. Then scroll down and click on "Is there a Lawyer in the House". Then scroll down a little and on the right it has something like "start a new topic". See if that helps you.
  13. I have some new details in my case. I sent the Attorney my "Response to Plaintiff's Request for Admissions" . In return he sent me numerous copies of CC statements. I was preparing to send him my "Request for Production of Documents". So, I now know that is something I do not need to include in my request. Any suggestions from anyone? Thanks for your help!
  14. That seems logical for #5! Thanks! I am wonding if #'s 5 & 6 are meant to confuse me? Kinda strange.
  15. I don't find anything like that. The only thing that is different than what I originally posted is the first paragraph: Plaintiff requests that said Defendant within thirty (30) days after service of this Request to make the following Admissions for the purpose of this action only and subject to all pertinent objections and admissibility which may be interposed at the trial. Said Plaintiff(s) reserves the right to proceed under Arkansas Rules of Civil Procedure Rule 36; regarding those Requests for Admissions that should be denied by the Defendent(s). Thanks for you help!!
  16. I hope some of you are on here today. It is a rainy day, so maybe you have time for me! I have my "Requests for Admissions" sent by Stephen Lamb for Midland. Here is what they want me to admit: #1: Admit that you are a resident of ## County, state #2 Admit that you charged on the account, which is the subject of this lawsuit. #3 Admit that the principal amount past due on said account, which has not been paid, and has been owed for a long period of time is $### #4 Admit that monthly statements/bills in regard to this account were went to you and received by you. #5 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account. #6 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account. #7 Admit that you do not have any documentation indicating the balance of this account to be less than $## You are hereby notified that should you fail to respond to said Requests for Admissions within 30 days allowed, each of the matters contained herein shall be taken as admitted; and should you deny any of the Requests herein, the truth of which is hereby proved, applicaiton will be made to the Court for an Order requiring you to pay the reasonable expenses incurred in making such proof, including a reasonable attourney's fee, and jury fees, if any. No signatures by the lawyer. Just stamped. Also, does not ask for my signature. I have read back through and studied all the advice and can't seem to find how to answer this. I know I read it before. Thanks for any help!!
  17. I hope some of you are on here today. It is a rainy day, so maybe you have time for me! I have my "Requests for Admissions" sent by Stephen Lamb for Midland. Here is what they want me to admit: #1: Admit that you are a resident of ## County, state #2 Admit that you charged on the account, which is the subject of this lawsuit. #3 Admit that the principal amount past due on said account, which has not been paid, and has been owed for a long period of time is $### #4 Admit that monthly statements/bills in regard to this account were went to you and received by you. #5 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account. #6 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account. #7 Admit that you do not have any documentation indicating the balance of this account to be less than $## You are hereby notified that should you fail to respond to said Requests for Admissions within 30 days allowed, each of the matters contained herein shall be taken as admitted; and should you deny any of the Requests herein, the truth of which is hereby proved, applicaiton will be made to the Court for an Order requiring you to pay the reasonable expenses incurred in making such proof, including a reasonable attourney's fee, and jury fees, if any. No signatures by the lawyer. Just stamped. Also, does not ask for my signature. I have read back through and studied all the advice and can't seem to find how to answer this. I know I read it before. Thanks for any help!!
  18. Thanks Jimmy! I don't plan on caving in for them. I will fight it out!! Hopefully I will have the same ending as you do.
  19. So, should I reply to it? Or sit tight and see what their next step is? I appreciate all the help!
  20. Thanks! Coltfan is one that helped me last time too. He told me to start a new thread when I got more info.
  21. I got it in time and received the "consent judgment" request last week. The contents are at the top of this topic. I have not signed it or sent anything back to them.
  22. Flyerfan, I have all that info in a previous topic. "Sued by Midland in Arkansas"
  23. Well, I received another letter from Attorney Stephen Lamb. He sent a "Consent Judgment" request wanting me to sign and agree to pay $100 per month. I am to sign it and send it back to him. It also has a place for the District Judge to sign. His letter states that he has enclosed a proposed settlement in the form of a Consent Judgment that provides a reasonable payment schedule of $100 every 30 days. It does not request any attorney fee. It says that if I agree to sign and return to him and he will have the original entered of record and forward me an approved copy along with payment instructions for my first payment. The Consent Judgement he wants me to sign says: Now on this day cause comes on to be heard upon the consent of the Defendant that Plaintiff's cause is just and that Judgment should be rendered against the said Defendant in favor of the Plaintiff for the sum of $xxx (which includes pre-judgment interest), plus court costs, and post-judgment interest. IT IS, THEREFORE, the Judgment of the Court that the Defendant shall comply with provisions of Act 610 of 1991 and that the Plaintiff, MIDLAND FUNDING LLC AS SUCCESSOR IN INTEREST TO CHASE BANK USA, NA, does have Judgment against the Defendant, Mary Horton, for the sum of $xxx, costs of $xxx, cost spent to enforce the Judgment, with pre-judgment interest at the rate of xx% from the date of account charge-off, 00/00/0000, currently totalling $xxx, and post-judgment interest at the rate of xx% annum, on principal balance only, from the date of Judgment until paid, the sum of which is to be paid at a rate of $100 every 30 days. Attorney signed bottom and I am supposed to sign along with the District Judge.
  24. Well, I made it to the District Clerks office in plenty of time. But, here is a strange twist: At the bottom of the form where I put the lawyers name, I put "defendent" instead of plaintiff!! The Clerk noticed it and marked through it and wrote plaintiff. She said you need to go and fix your copy and re-fax right away. My work was closed and I said that hopefully I could still get in and do it. She said, "here, lets just fax it from here!!!" And then gave me the receipt from the fax machine!! Can you believe that she helped me like that? Well, I guess I'm going to go study all the homework that Coltfan gave me to study!
  25. I really appreciate all your help. My biggest concern now is the last date I have to file. I just hope they don't push that. It should be today by my figures. Thanks again!