Jump to content

gingerbread man

Members
  • Posts

    22
  • Joined

  • Last visited

Everything posted by gingerbread man

  1. I get what you are saying, but the way this is being reported keeps changing. And there is no consistency . It seems as though they are operating the account as if it were in good standing and recently defaulted. Like 120 days ago ..
  2. Thank you for the advice. See, this is showing the debt twice and putting an extra amount on my debts owed. Not just a charge off ... But also increasing the Actual debt reporting to double the amount. They have another one from 2006. I actually have a letter I found from then on that one and they said pay up and we will put paid in full on the account. I thought they couldn't do that..... Another matter.. But looks like they re aged that one too .. Aquired in 2008.. It says open and has been accruing interest?? I am sick! How do you defend yourself if you give a general denial.? I paid once to a debt collector on the account.. I have letters from 2 diff collectors on that account dated before they purchased it by two years! They refuse to submit my contract signed by me . They give me a redacted bill of sale that has nothing to identify my account coming from chase .. And a sworn statement saying they did by a robo signer....they say they have established I am able to pay... With what? Majic beans? I can't afford an attorney .. I wish I could .
  3. I sure hope your are right. This collections account was rePorted a bit differently a month ago to look like an established account. Same as last September. Had I not disputed it I may not have been sued. When I began asking for a prove up with my response to the suit, something strange happened on the credit reports .. They all were reporting partial information REALLY QUICK... Then as I pulled them equifax came back looking like a "loan" again except it is reported as a closed account 120 days past due and pretty well de identified except for a footnote from me saying transferred or sold collections account. Experian has purchased account but no amount . Transunion has it it in dispute. No amount but open account It is my fear that they were attempting to re-age the debt .. It is really dropping my equifax score. The only difference in the several reportings is HOW they are worded and reported.... Thanks for the post. Anything and everything helps! Makes me feel a bit better to have explained , but not altogether .. Something in my gut says keep your eye on it.
  4. Pulled Credit Report OC says assigned or purchased MIDLAND HOWEVER.. Has made up a new account number on credit report A new opening date for the account which was two years after the charge off from OC They are reporting payments as 120 days late/ past due....Re-ageing debt.. False sworn affidavits ...Starting to wish I had counter sued ... Tsk Tsk .. SMH..... Ideas on a short letter to send them to make them run? Eyelids are getting heavy.. Night.. More studying tomorrow .
  5. No request for disclosure. Two other collections companies have attempted to collect this debt prior to midland . I "might" have copies of those collection attempts which date prior to the purchase by midland by two years. I might have even made a payment with one :/ Midland claims direct purchase from chase bank producing forward flow redacted bill of sale and a robo signed affidavit from Martin Lavergne from chase bank .
  6. How do I get them to prove chain of custody and how do I prove the chain is or is not broken? They have a forward flow with sworn affidavit from OC I have knowledge of other assigns. Yet I submitted a general denial .. How do I commit perjury here without hanging myself acknowledging OC or debt collections communication? One of these is dated just after charge off 2010and midland aquired debt 2012 we are already going on the third month with no communication from the court as to date to appear for pretrial
  7. Am I correct in understanding that I Am in fact in the Discovery Process then ? I didn't see in their answers for production that they had clearl established that a copy was sent to the court. No pretrial date. I did not send affirmative defenses along with my General Denial Should I amend and send affirmative defenses , or will I have the opportunity to submit them based on their answers to production and discovery. Can the plaintiff petition the court for summary judgement at pretrial.? Leaving me essentially defenseless? Is discovery time barred after the plaintiff answers and objects Do my requests for discovery need to be submitted to both court and plaintiff? Plaintiff intends to conduct discovery under level 1 of Texas rules of civil procedure. I feel like I am running in a circle here. I have Researched civil Procedure in Texas, but am uncertain whether or not I am fully grasping the concepts of the entire process. I have not counter sued . I thank you all In advance for your patience and input. I am really dealing with a lot here with an ill and panicked wife, small child, and work to boot. There is no money left, or I would be hiring Counsel. P.s. I did ask for validation of the debt sometime late last year. I received an answer momths later that looked like an advert.telling me the debt was mine and that I should send any documents Proving otherwise to them. Plaintiff is and continues to have an open account reported on my account that looks like a recently opened loan??? WTH? So along with a charge off.. This is being reported as a "newly defaulted loan" can't locate the letter they sent..
  8. Am I correct in understanding that I Am in fact in the Discovery Process then ? I didn't see in their answers for production that they had clearl established that a copy was sent to the court. No pretrial date. I did not send affirmative defenses along with my General Denial Should I amend and send affirmative defenses , or will I have the opportunity to submit them based on their answers to production and discovery. Can the plaintiff petition the court for summary judgement at pretrial.? Leaving me essentially defenseless? Is discovery time barred after the plaintiff answers and objects Do my requests for discovery need to be submitted to both court and plaintiff? Plaintiff intends to conduct discovery under level 1 of Texas rules of civil procedure. I feel like I am running in a circle here. I have Researched civil Procedure in Texas, but am uncertain whether or not I am fully grasping the concepts of the entire process. I have not counter sued . I thank you all In advance for your patience and input. I am really dealing with a lot here with an ill and panicked wife, small child, and work to boot. There is no money left, or I would be hiring Counsel. P.s. I did ask for validation of the debt sometime late last year. I received an answer momths later that looked like an advert.telling me the debt was mine and that I should send any documents Proving otherwise to them. Plaintiff is and continues to have an open account reported on my account that looks like a recently opened loan??? WTH? So along with a charge off.. This is being reported as a "newly defaulted loan"
  9. Question: I only received the knowledge of Arbitration through the contract that was sent to me via JDB Attorney in "Answers to request for production" This is the first time I have read this "agreement" between alleged OC and its debtors. If I were to move in for arbitration , I wonder if this action might be misconstrued as admission to Alleged debt by agreeing to abide by the contract and establishing "account stated " with Plantiff . Thought/Question: 1. MIDLAND attorneys have produced a redacted bill of sale which is not specific to me personally "proving" DIRECT PURCHASE from OC. Also included is the SWORN statement from MARTIN LAVERGNE. 2.DEFENDANT "GINGERBREAD MAN" MAY or may not have proof that Midland is NOT the PRIMARY owner,Not the SECONDARY owner , NOPE NOT the TERTIARY owner BUT the ALLEGED QUARTERNARY owner of Alleged Account. That being said, How would someone like the Gingerbread Man Prove the broken succession in the ownership of said account without screwing himself in the process? How would he prove that JDB is not the direct assign of the OC ? Isnt it illegal and a violation of Texas FDCPA to produce false documents in court in attemot to collect a debt ? NOTE: I am studying..By "waste of time" ... A balance must be struck between my family and JDB, for I WILL NOT allow the JDB to destruct my family in efforts to collect their Debt. That too, would be allowing them a WIN. I Thank all for your Input . It does not fall on Deaf Ears. Keep It Coming !
  10. What would arb set me back? There might be a conflict of interest going on which could prove to be troublesome .. Possibility of Ex employee of the court now working for Jdb ..
  11. I Thank You all for your input. I encourage more. In the suit it states that midland does not file suit with those they feel are financially unable to do so.. Whose rules govern that statement in proof. If there were evidence of that presented to the judge, would it be cause for dismissal?
  12. So, this requests for admissions is part of discovery? Would I send copy to them, to the court as well? We have no pretrial date . Am I Correct in understanding that JDB can ask for summary judgement without hearing anything from my side first? What a waste of Time this whole mess is.. Unbelievable! It is a great day out.. I am going to the park with my daughter, she comes first. I will come back to this later. Thanks for the info .. Keep it coming!
  13. And still no Application for credit with my signature Also the contract Terms from OC .. Jdb is alleging and admitting into their evidence has Arbitration clause . The Sol for alleged account has run out according to credit law governing arbitration clause (Deleware )
  14. Also, I question the affidafit and it's authenticity . The redacted bill of sale has most everything blocked out . Which does not identify any account specifically. Question: if you had 3 separate Jdb in three years contact you in regards to an account alleged, would EACH of them have a bill of sale from OC .. Or would one Jdb have purchased through another Jdb. Would you then re direct discovery to include a FULL Chain of Succession for said account to prove FALSE SWORN AFFIDAVIT ?
  15. Does it matter at all that these documents are signed by Known Robosigners .. And that Neither of these items has the alleged account number on them ? Perhaps I should subpoena MARTIN LAVERGNE? What about a full succession of the sale of the Alleged account.
  16. Here are in a nutshell what I received in the Plaintiff's Answers To Defendant's Requests for Production: The Following Documents are produced in the order given and are referenced in the below responses Exhibit 1- Terms and conditions governing the account (photocopy of a contract agreement pulled from Internet stating terms and conditions of alleged account dated on bottom 2008 in these terms include an arbitration agreement...) Exhibit 2- Original credit statements ( photocopies of statements from alleged account) Exhibit 3- assignment/ bill of sale/ seller data sheet ( sworn affidavit of sale by original creditor Stating that chase on or about said date sold a pool of charged off accounts ....no acknowledgement of alleged account specifically.. Is signed by illegible Martin Lavergne and loopy illegible Nina Ranschberg notary 2012) ( Redacted bill of sale signed by Ericka Long team leader signature looks like an "s" and also signed by j Brandon Black illegible and approved by legal ) also included a sheet "field data" that was separate from redacted info and states a sale amount which is equal to the amount alleged in suit minus interest fees which are said to have accrued since the purchase. Exhibit 4- letters to defendant ( midland letters in attempt to collect a debt.. 1 letter(?) ) Answers: Defendant: request 1 Original Account Application with my signature for this alleged debt. Plaintiff Objects to this request on the grounds that it is irrelivant and equally available to the defendant. Subject to objection, Plaintiff Objects to this request on the grounds discovery and investigations are continuing, and Plaintiff reserves the right to amend or supplement this response as additional information becomes available. Federal regulations do not require creditors to retain applications beyond 25 months. 12 CFR 202.12 ( (1) Defendant request 2 : provide a fully itemized statement for the amount you are asking which clearly details how this amount OVER the amount paid for this debt was calculated , including the interest rate being charged. Confirm this rate falls within state limits. Plaintiff objects to this request as over broad and not limited in time or scope. Plaintiff further objects as information sought is equally available to defendant. Subject to the foregoing objections, and without waiving the same, see Exhibit "2" . Plaintiff is accruing the statutory 6 percent interest rate on the account. Defendant Request 3 : Provide proof of debt ownership including how much this debt was purchased for. Plaintiff objects to this request as over broad, outside the scope of discovery, and invasive of proprietary trade secret privilege . Subject to these objections , and without waiving the same, see Exhibit "3" a redacted assignment and bill of sale reflecting Plaintiff's ownership of this account. Defendant Request 4: provide proof of the date in which alleged charges first became delinquent . Plaintiff objects as the information sought is equally available to the Defendant. Subject to the foregoing objections , and without waiving the same, see Exhibit "2" This was sent to me with a certificate of service pursuant to Rule 21a of the Texas Rules Of Civil Procedure by certified mail. Midland is suing for Breach of contract Claiming "Account Standing" Question: can Midland claim direct purchase of this alleged account from Chase Bank if there possibly could have been other collections servers even multiple involved previously? Alleged account charged off The bottom of these answers to requests for production reads " Please understand this is a communication from a debt collector. This is attempt to collect a debt . Any information will be used for that purpose" It is written as though it were submitted to the court . It is signed by an attorney locally representing Midland Funding. This is the reason I am asking for advice. Is this a court document or collections notice? Any suggestions as to creative discovery rebuttle... If I am not mistaken, in Texas it is 180 days from filing date to conclusion of discovery.
  17. I agree, the first package, from Midland.. intimidation tactic. It had the usual disclaimer "this is an attempt to collect a debt ..." Yes ...Discovery requests are what I sent. the requests were made along with my general Denial As for the objections,I will have to get them up here in a few.. first task story time with my daughter. Original Question, do I need to file a response to counter Midland's objections to my Discovery requests? If so, within what time frame.I have had no court date set as of yet for Pre-trial or otherwise.
  18. Sued by Midland . Sent original response as general denial. Requested the following in official vaidation Request 1. Original account application with my signature for this alleged debt . 2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits . 3. Provide proof of debt ownership including how much this debt was purchased for . 4. provide proof of the date in which alleged charges first became delinquent. Midland sent me a collection type letter about 3 weeks ago with a redacted bill of sale . Yesterday, I got a certified letter return recpt. from midland attorney locally... Answers to request for production . They are objecting to much of my request . Do I need to respond to this Answer? If so, is there a time limit for which this has to be done ? Funny thing , the cover letter sent with this was signed " Very Truly Yours" is this supposed to be a joke ? Are they seriously trying to intimidate me by using accusitory language? Thanks "G"
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.