Gsddad

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About Gsddad

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    Louisiana
  1. That is correct. I am not certain if it is the same attorney, but it is the same law firm.
  2. Well, I thought I had responded to this, but it isn't showing up anywhere. The original suit with the original creditor was never settled. The last communication was a letter saying here is a copy of the summary judgement I intend to file in approximately two weeks. They never filed for summary judgement the case is still open. Now, they have filed suit for the same account with a different plaintiff. I have requested the production of documents that show proof of ownership of the debt and the right to collect on it. I am gambling that they won't be able to produce any of what I asked for. I understand that it doesn't mean an automatic win, for me, but when I bring up the fact that the attorney apparently doesn't know who owns the account, I feel certain the second suit will be dismissed. Thoughts?
  3. I've discovered something and I need to elaborate in order to determine where I stand. In short, I had three open accounts with GE Capital Bank. While I did not have a lot of breathing room, they were maintained and up to date. My wife and I switched banks, and while setting up all of my accounts for bill pay, I inadvertently entered one account number twice and omitted one. After the first payment was missed, I was contacted because the account was late. I referenced my statement, sent them a copy, and they said they would look into it. This went on for three months before I discovered it was my error. I admitted to my mistake, but couldn't bring the account up to date, so I entered into an account rehabiliation agreement with them that reduced the interest and minimum payment for six months while bringing the account back to good status. They immediately began to contact me every two weeks for an approval to draft the payment from my account, essentially paying it twice a month. When I complained that I couldn't do that, they doubled the interest on the other two accounts which had never been past due. On a phone call, with a call center in India, informed them that I would be sending written notice of dispute. They deactivated my online access to the accounts. When I called, I told them I would not pay another dime until I got my access back and the dispute was resolved. This was July 2011. Over the course of a year, or so, no less than 8 credit collectors attempted to collect. Each of them was informed that the accounts were in dispute, and they ceased communication. In August 2012, an attorney in my state attempted to collect. I informed his office of the dispute, and he responded by filing suit for the original creditor on the two accounts that were never past due. I responded to all requests all the while asking for the production of documents. Some of the requests were met; others were responded with "the law doesn't require these records to be kept" etc, etc. The last contact on either suit was November 2012. I suspect the creditor knew they wouldn't be able to win. According to my credit report, the account was charged off 12/2012. Now, fast forward to Sept 2013. I get a notice from the same attorney trying to collect on what I thought was the third account, but the plaintiff is a junk debt buyer. I respond to inform of the dispute and ask for validation along with original creditor, address, Acct #, terms and how the balance was calculated. They respond with a letter that basically says you owe this person this much money. None of the information that I requested. Three weeks ago, mid January 2013, I am served with citation and petition. I respond to the petition, and at the same time asserted that I requested validation and it was not provided. We are currently in discovery, and while I was preparing my responses and my request for production of documents, it occurred to me...this is not the third account. It is one of the accounts that they sued me for with the original creditor. I quickly reference the other petition and found that while the account number match, the dollar amounts do not. I also determined that all three of these accounts are roughly six months from SOL. Depending on responses, I may have other questions, but first, wouldn't a failure to produce documents that show how the balance was calculated be grounds for dismissal because of the differences in dollar amount?
  4. You are correct, except that the two accounts that were current are the accounts that are in dispute, because they violated the terms of the original agreement. They acted aggressively and unwilling to work it out with me from the beginning. It was very frustrating because I could never get passed the calling center that was apparently in India. I couldn't understand anyone. The suits with the original creditor were never settled. My last communication was a letter from the attorney in November 2012 with a copies of the summary judgements they said they intended to file in two weeks. They never filed them. I don't think they ever intended to. Now, the OC has sold the debt to a junk debt buyer, and the attorney has filed suit for a different plaintiff for the same account. The dollar amounts on the accounts don't match, and sense the calculation of the debt has been in dispute from the beginning, that's a big red flag, to me.
  5. I've discovered something and I need to elaborate in order to determine where I stand. In short, I had three open accounts with GE Capital Bank. While I did not have a lot of breathing room, they were maintained and up to date. My wife and I switched banks, and while setting up all of my accounts for bill pay, I inadvertently entered one account number twice and omitted one. After the first payment was missed, I was contacted because the account was late. I referenced my statement, sent them a copy, and they said they would look into it. This went on for three months before I discovered it was my error. I admitted to my mistake, but couldn't bring the account up to date, so I entered into an account rehabiliation agreement with them that reduced the interest and minimum payment for six months while bringing the account back to good status. They immediately began to contact me every two weeks for an approval to draft the payment from my account, essentially paying it twice a month. When I complained that I couldn't do that, they doubled the interest on the other two accounts which had never been past due. On a phone call, with a call center in India, informed them that I would be sending written notice of dispute. They deactivated my online access to the accounts. When I called, I told them I would not pay another dime until I got my access back and the dispute was resolved. This was July 2011. Over the course of a year, or so, no less than 8 credit collectors attempted to collect. Each of them was informed that the accounts were in dispute, and they ceased communication. In August 2012, an attorney in my state attempted to collect. I informed his office of the dispute, and he responded by filing suit for the original creditor on the two accounts that were never past due. I responded to all requests all the while asking for the production of documents. Some of the requests were met; others were responded with "the law doesn't require these records to be kept" etc, etc. The last contact on either suit was November 2012. I suspect the creditor knew they wouldn't be able to win. According to my credit report, the account was charged off 12/2012. Now, fast forward to Sept 2013. I get a notice from the same attorney trying to collect on what I thought was the third account, but the plaintiff is a junk debt buyer. I respond to inform of the dispute and ask for validation along with original creditor, address, Acct #, terms and how the balance was calculated. They respond with a letter that basically says you owe this person this much money. None of the information that I requested. Three weeks ago, mid January 2013, I am served with citation and petition. I respond to the petition, and at the same time asserted that I requested validation and it was not provided. We are currently in discovery, and while I was preparing my responses and my request for production of documents, it occurred to me...this is not the third account. It is one of the accounts that they sued me for with the original creditor. I quickly reference the other petition and found that while the account number match, the dollar amounts do not. I also determined that all three of these accounts are roughly six months from SOL. Depending on responses, I may have other questions, but first, wouldn't a failure to produce documents that show how the balance was calculated be grounds for dismissal because of the differences in dollar amount?