quisait

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About quisait

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  1. I hope it's okay to post this here... I posted on the Collections forum but it is pretty dead over there and probably the wrong place to post this anyway... I had a credit card with US Bank. I defaulted. The debt was SOLD to a JDB in 2012. I have since settled with the JDB (I am pregnant and hormonal and the stress was seriously effecting me, so I decided not to fight it). Anyway, my issue now is this: US Bank is improperly reporting my debt. They *STILL* show a balance owed to them, even though the debt was sold years ago. I have gotten nowhere with them on the phone. I just faxed over my credit report, a letter requesting they update my account to $0 and the letter from the JDB's attorney's stating the account has been settled with prejudice. 2 of the three agencies are reporting that account properly: SOLD with a $0 balance. It's TransUnion reporting it as "charged off/ $5400 balance". US Bank themselves admit that US Bank shows a balance due. I have tried talking to every "manager" out there, explaining that their reporting does not make sense and is not even legal but they say I have to fax my request over and give their dispute dept. 30 days to process. My question is- what else can I do other than wait? My husband and I are about to buy a house... this is the only item on my report causing an issue. We have not opened escrow yet but will soon, and our time is obviously limited. Anyone out there have experience with this? Is there any reason US Bank *would not* update my report to show $0 due? I am trying not to stress about this but obviously my hyper-emotional, hormonal & pregnant self can't help it right now. Thanks so much
  2. Alright, so I faxed over a request to US Bank stating the account had been SOLD to PFR, and has since been settled/paid off with PFR. I told the rep on the phone (a "manager") that reporting a balance on a sold account was illegal and of course that got me nowhere. She just kept repeating that I needed to fax my request over, include a copy of my credit report and a letter from PFR stating the account was settled in full. So I did. And now I have to wait 30 days to make sure they update their records. This so so ridiculous and I am so irritated. Has anyone else dealt with this before? Is there any possible way to expedite my request? I am not in escrow yet but expect to be soon... I do have some time on my side but the sooner this can be resolved, the better. The woman I spoke with on the phone stated their Credit Dispute department does not take phone calls, only receives faxes. UGH!!!
  3. Equifax: "Account Transferred or Sold" shows $0 balance Experian: "Transferred to Another Lender or Claim Purchased" shows nothing under balance TransUnion states: "Charged off as bad debt" shows $5400+ balance
  4. Oh sorry, it was a JDB that bought the debt, not a CA. I did settle for less than what was originally owed. About 40%. They settled with prejudice.
  5. Hi guys, I hope someone can help me. Long story short: My husband and I are trying to buy a house and there is one final issue that needs resolving to get the loan. I had an old debt with US Bank that was charged off in 2011 and sold to a JDB in 2012. On Experian and Equifax it shows as charged off/sold with a $0 balance to US Bank. On TransUnion, it shows it was charged off and shows a balance of $5400. I called US Bank and they said they do in fact show a balance due, even though the account does not belong to them. The account was settled with the JDB earlier this year. (Something I wanted to avoid/go to court over but I decided it wasn't worth the stress so I just paid them off). My issue is TransUnion needs to show this account with US Bank as reporting $0. Is there a form letter I need to use? I have been googling and I haven't found anything to be very helpful. You would think they could just update it over the phone. I don't owe them (or anyone!) money. What should I say in my request and what should I include? Please help.
  6. The charge-off date was in 2011. It does not say when the last payment was made.
  7. Update & Questions: I answered on-time, did not use the SOL because I was unsure and just decided to keep it simple. I'm so stressed out and it was making me feel sick. Got a BOP back from Hunt & Henriques last week, it was pretty vague but it does have an account number on it. Basically it shows the charge-off date and amount. At this point I just want to know what I should do next? The really strange thing is Sacramento Court website has not updated the case info. on their site and the response was filed on May 30. The last thing they show is Proof of Service of Summons & Complaint to me by the Plaintiff. I haven't received anything in the mail from the court, either. I'll try and give them a call and see what's up. *** just called, looks like they're working on May 20th so that's why it's not updated yet.
  8. I'm being sued by H&H, also on behalf of Portfolio, also with an Original Creditor of US Bank. Looks like we have a lot of similarities in our cases. I am also located in California (Sacramento). Look up my Thread for some additional help. This is where I'm at so far: Sent them a Bill of Particulars (with a POS) Sent & Filed a General Denial (with a POS) Now, funny thing is all of the paperwork they sent me has my maiden name on it (which it hasn't been since 2008) and my old address (parents house, haven't lived there since 2005). I filed and responded to them with my new address, which is where they eventually served me. EVERYTHING I sent has my new address. My dad just called me up yesterday saying they mailed something to their house. Yet again. I don't know if I should go over and look at it or just have my dad send it back to them. Bottom line is I feel like they are REALLY stupid and lazy, and if you put up a fight you will come out ahead. I will keep you posted on my journey and if I can give you any input/advice I will. I'm several weeks ahead of you with deadlines so that should be helpful Best of luck. I know it's intimidating.
  9. I'm back again and feeling more confused than ever. My husband showed me the ticket he got from the Post Office when he sent my BOP earlier this week. Despite my very clear instructions to pay for the Return Receipt Request, he did not So I don't know if that was all a waste of time or not. Oh Well. Tomorrow he will file the Answer. I am still finishing it up... It's a General Denial. I am not sure if I should cite SOL or not as I am unsure and was unable to get answers from my old bank. Thoughts?
  10. Thank you, No, I don't see anything that says that on top. They didn't include any paperwork in their summons other than the summons and their complaint. Really hope I do all of this right! With the BOP do I leave the brackets around the specific complaints they made against me, as is in Seadragon's example? Would it be wise to just use a General Denial, or do a line by line response of "Defendant denies this allegation" as I have seen in other examples...?
  11. I'm back with another (dumb) question... I file everything with my legal name, and not the name on the court docs, right? The name they have named in their suit hasn't been my legal name since 2008.
  12. For some reason I can't upload the file to this forum... But the paperwork says "Common Counts" Then goes down to list: CC-1. Plaintiff alleges that the Defendant became indebted to US BANK OR A PREDECESSOR IN INTEREST a. (X) within the last four years 1. (X) on an open book account for money due 2. (X) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that the defendant was indebted to plaintiff. b. (X) within the last four years 1. (X) for money had and received by defendant for the use and benefit of plaintiff for work, labor, 3. (X) for goods, wares, and merchandise sold and delivered to the defendant and for which defendant promised to pay plaintiff (X) the sum of $5,494.41 4. (X) for money lent by plaintiff to defendant at defendant's request. 5. (X) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. CC-2 $5,495.41, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgement interest at the rate of 0.000000 percent per year from May 31, 2011 CC-4. (X) Other: PLAINTIFF PURCHASED THE ACCOUNT FROM THE ORIGINAL CREDITOR OR ITS SUCCESSOR(S) IN INTEREST. PLAINTIFF IS THE CURRENT OWNER OF THIS ACCOUNT. I hope that's helpful?
  13. First I want to thank you all so much for your advice. I would be so, so lost without this wonderful forum. I want to make sure my ducks are in a row. Would someone calrify that these are the next steps to take? 1. Send JDB's attorney's BOP (via certified return receipt mail) immediately. Do I also send a copy of the POS with this? 2. Before the 30 day period is up, File a General Denial with the Court. At the same time, file my POS for the BOP (right?) Regarding the BOP, I have found a couple of pretty general/basic examples here. It seems pretty simple, and I just print that on lined court paper and sign, correct? I have also seen on @ASTMedic 's "How I Beat Midland In California" thread, he filed a Request for Production of Docs. Is that something I could/should do in lieu of a BOP? Please advice. I will probably be back soon with my wording for my denial and ask for additional help. Thank you all again so much!
  14. @shellieh98 thank you so much for your help. I will look at those threads now. What does BOP stand for? I seriously have never felt more uneducated than trying to weed through these acronyms and legal vocab!
  15. 1. Who is the named plaintiff in the suit? Portfolio Recovery 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques, Attorneys at Law 3. How much are you being sued for? almost $5500 4. Who is the original creditor? (if not the Plaintiff) US Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) at my house over 3 months after the suit was filed (does that matter??) 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? absolutely NONE 9. What state and county do you live in? California, Sacramento County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The last time I recall anything about this account was late 2009, early 2010. I have no way of proving any payments or lackthereof, as I quit banking with US Bank in 2010. SOL in my state is 4 years 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I don't think so 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Absolutely nothing.