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Wins the Battle

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Wins the Battle last won the day on June 24 2014

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  1. You may need to compel discovery in the matter of the contract. There's a reason why they don't want you to have it. They tend to say damaging things like, "we can't verify that ANY of the information that we give you is accurate", meaning that, even if you get a robo-signed affidavit from some yahoo at GEMB, the affidavit can't be believed. I never made it to the discovery conference; I was working on a MTC JAMS, so can't help you there. I'd look at some of the CA threads; discovery conferences are common in that state. What state is GEMB domiciled in? MN DOES have a borrowing statute, so, if it's five years or less, you could use SOL as an absolute affirmative defense, and countersue for filing suit after the running of the SOL.
  2. So sorry to hear this. Condolences to you and your family.
  3. If it's a problem to reprint one page, then don't bother. Just cross out the extra "e". You don't get graded on spelling in the documents. But, really, it's just one page. For me, I'd rather fix it and reprint the one page.
  4. Your mistake, after the SJ was denied, was in not pursuing an SJ of your own, or a D with P, so that they couldn't do what they have just done. Denying the SJ doesn't mean that the case is over. It means that they lacked sufficient evidence to win without a trial. Are you being sued by FIA, or by some JDB who bought the batch of accounts? The answer will make it clearer whether you have an easier or a harder time of it. YOU may not have answered their Rogs and Disc adequately to their satisfaction. Have they answered yours?
  5. Hanging up works, to an extent. But they'll call back. Even if you are in a two party state, if they tell you that they are recording, you are NOT obligated to tell them that you are, too. They have just let you know that they are OK with the call being recorded, of course. OTOH, one of the best ways to get them off the phone and to stop calling is to let them know that you, yourself, are recording. It's daunting to use the bully techniques that collectors use when they know that every word can be used against them.
  6. Remember what WTC said, though: PIF every month. That $112 on a $500 limit is over the ideal percentage for utilization: under 20% is great, under 10% even better.
  7. Even if the language in the "contract" states that only PIF can allow you to opt out of a new contract, it would be very difficult to get even a JP in AZ to agree that that language is binding. Contract law is complex, but still based, to a degree, on the principle of equality of the parties. We know that there is no equality; "We can do whatever we want, just cuz" is clearly the statement of a party with all the power. But blatantly stating that changes after the closure of an account are binding on the weaker party is still not acceptable. The challenge, always, is to point that out to the judge in a manner that is compelling.
  8. To expand on what @TomnTex stated...if you have an agreement, signed by both parties, to the settlement, it's definitely not legal, and you have recourse. If that is the case, I would find a good NACA attorney, and sue for FDCPA violations. If you ever disputed the amounts owed on your credit report, I would also be asking for sanctions for the FCRA violations, as well. If you have the letter from them, offering the settlement amount, and your cancelled check within the time frame that the letter is signed, you may still have recourse, and I would do the same thing. But, if you only have your own memory of the offer, even with the cancelled check, and you never contacted them or the CRAs to dispute the continuing reporting of the debt and an increasing balance, then it's your word against theirs. They have deeper pockets, more practice with lying and you only have, possibly, the advantage that this is four years ago, and may be close to or beyond the SOL. (I don't know what your SOL is in MI.)
  9. If you can prove no standing, and/or HIPAA violations, then you really don't need much more.
  10. WTC, don't bother. You, of all people, know that talking sense to a CA is a waste of breath. Let them spend the money to foreclose. Hang on to your cash and your house payments. Pay the taxes and insurance directly to the county and the insurer. In your spare time (when you are NOT answering the phone or responding to threatening letters from pond scum) read up on chain of title and MERS. Look at your abstract (or if your home has one, the Certificate of Title, written on property that has been surveyed and the title certified back to when the first landowner bought the land from the US government). It's very likely that somewhere will be the name MERS as holder of mortgage.
  11. You need to make time to answer the 21 questions--or at least, point the Summons and Complaint with personal info redacted. No one can answer your questions with no other information than that the complainant is CACH. Don't bother telling the judge that you can't afford an attorney. S/he won't care. Many or most of us have represented ourselves against JDBs. Many have won. Some have won, multiple times. It takes time and effort to learn, but it CAN be learned.
  12. And make certain that they credit you for the days of missed service on the internet, and the substandard on your TV. We have ATT for our cells. I work from home, as well, so didn't notice that my data was down till I tried to send a text from Target. When I called, they found I had been disconnected from the data on the cell tower, and when I said I had no idea how long, and why, they credited a full month for the data plan.
  13. With the verbal agreement, it's your word against theirs. If I were you, I'd let the SOL run out, then send them a FOAD letter. At that point, they can contact you one more time, and any collection efforts after that are an additional violation. Again, if you want to buy a house, contact a NACA attorney who wins in your state (NACA is the association of attorneys who represent consumers). Find out what they think about this entire issue. Many or most NACA attorneys will offer a free consultation AND, if they believe that you have a winning case, take it on contingency.
  14. You might be surprised, though, at how much better it could be. We live in a first tier suburb, where the cable lines are old, as are the phone and DSL lines. We pay for the second fastest DSL that Centurylink offers, and get it, according to tests, rarely.
  15. First of all, if you could refresh our memories on why your uncle needs his credit rating cleaned up. Is he planning to buy a house, a car, get a job, etc? If not, and all this stuff is beyond the SOL in your state, you really don't need to bother. Your credit record only matters when you need credit. If you don't, who cares? However, there are no laws at the federal level that require that any owner of a debt contact the consumer at any time, before or after reporting to the CRAs. All that is required is that they report accurately. In addition, the SOL in KS has nothing to do with whether or not an accurately reported negative TL can still be reported; the stop for that comes after 7.5 years, no matter what the SOL.
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