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Everything posted by pureguava

  1. The last I have heard from LBN, since I dropped off my responses (here) to their Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents in late February of 2015, was on November 12th, 2015; a little over a week ago. It has "the following documents in the above-referenced case:" Billing StatementsBill of SaleField Data SheetInside is: 1) Are a bunch of Account Statements from Citi for about 8 months. These do not include the first statement of the account. Also, the last payment listed on these statements, from Citi, is 10/24/2008. It should be noted that in the Petition for Indebtedness they sent me is says, "3) the last payment posted to the account on 2010-03-01." I'm guessing they are using that date as some payment made to ASSET ACCEPTANCE, LLC. 2) A Bill of Sale from ASSET ACCEPTANCE, LLC to Midland Funding, LLC for the amount of REDACTED for all the rights, titles, and interests for the purchased accounts identified on Schedule A (the following page is titled Schedule A with a Purchased Accounts Files heading with REDACTED on it). It mentions files and records, from the sale of the account, contained in this sale... but all that stuff wasn't in my little packet. 3) The bottom says, "Data printed by Midland....from electronic records provided by Asset Acceptance, LLC pursuant to Bill of Sale/Assignment of Accounts transferred on or about 11/21/2013...". This sheet shows the original account number, last 4 SSN, name, address, open date (11-17-2003) charge off date (11-17-2009), last payment date (03-01-2010) and amount. There is nothing stating it requires a response or anything dealing with a/the court and ends with "If you would like to resolve this matter..." As far as the Oklahoma Court Network (online records for cases) shows, the last date on the docket was on 1-28-2015, for the Certificate of Service for the Req. for Admissions & Interrogatories (which I responded to- see the first sentence of this post). Should I file for a Motion to Dismiss or Motion to Compel? There hasn't been any activity, from their end, for almost 10 months. To be honest, I completely forgot about this whole thing...
  2. One credit report doesn't show it wasn't paid (says "N/A") and the other shows it was filed; not really a black and white thing to asses. I wasn't aware I was supposed to be aware. So, I'm out of luck?
  3. I had a Judgment against me in mid-2011, and it was whatever you call it when they take the full amount from your bank account. (I'm not going to go into how BS it was that it happened, but get to the point.) I've pulled my credit report before and had seen it on there, showing there was a Judgment. (There has never been a "status" area.) Yesterday, I was talking with a CC company I have one with because was denied an increase. I inquired why that was and the lady went over some negative things and said it was probably primarily because I still have a Judgment against me. I asked did she mean "have", as in shows it was paid (cuz they literally took the money) or did she mean to say "had", as in there was a Judgment and that basically affects my credit. She said neither. It was an active Judgment and did not show it was ever paid; it was unresolved and "active". She informed me that the Plaintiff/Debtor/Winner-Of-My-Monies is supposed to file with the courts that it was paid in full. And that my credit has probably not been that good for the past 4 years, because of that. After freaking out/raging, I called the law firm (Scott Lowery) and asked about it. The lady (secretary?) looked and said something along the lines of, "That's weird. It's not that they didn't send the courts anything, they never even filled anything out about it. That is the end of your file. It just shows that the judgment was granted and they got the funds. I'm sorry. That definitely should not have happened. I'll get an attorney to send you via email and post that it was paid in full/satisfaction of judgment on the date that it was." So, I got an email, of the scanned document, for the Satisfaction of Judgment and it showing the date it was paid in full. They said they'd send it to the 3 credit bureaus (but I'm going to also). I've looked it up online, and it mentions penalties if they do not, but not for my state of Oklahoma; I either get NY & IA or "depending on the state..." 4 years of it effecting my credit, and I'm sure it's exponential, as it's been showing no activity! My question is, surely there is something that can be done to them?
  4. @BV80 I was referring to whatever motion/thing I could do. They've been sitting on this since they filed Req for Interog, except some inquiry about if I was in the military, for 2 or 3 months. I was hoping there was something I could file to force them to do something or it be dropped, or start that process/time limit. I don't like the fact that there is some open and looming suit against me. @saytar Yes, in the recording they mentioned (2 or 3 times) that they requested it from their home office/previous creditor/original person and how long ago they requested it. @shellieh98 That was my thought behind it. My beliefs were that, if they knew I was looking/trying at filing, they would have done something in response to their knowledge of it. I haven't been able to find anything in the statues or rules.
  5. Update: I went to LBN and gave them the responses to their inquiry stuff, at the end of February; very convoluted with the stuff they need to have, show and prove (THANKS GUYS!). In person. And got them to sign they received it. And recorded the conversation(s). I asked did they have the CC agreement, because the arbitration place wanted a copy of it. Apparently they requested it a 'while ago' (around December 2014), but haven't yet gotten it; "It can take a while". I think someone actually showing up in person, asking for stuff and mentioning arbitration made them less than happy To date, they have not contacted me (phone or mail) about anything at all. So, I think they have zilch and want to have this thing dismissed based on inactivity and whatever else sounds good (and is probably true). Does anyone know the name of what that would be and have any links/suggestions to the verbiage. I might just get this whole thing taken care of!!!
  6. I'm in Oklahoma. I'd like to file a Motion to Amend an Answer, then Motion to Suspend Discovery, followed by Motion to Compel Arbitration. I believe I need to amend a Defense Answer, because Request for etc (their Discovery) are due on 02/26/2015, to add that I would like to start the arbitration process. It's been 10 months since I originally responded with my Answers. This is what I found for Amendments Is it too late to go to arb, or do I not need to make a Motion to Amend the Answer and filing a Motion to Suspend Discovery/Motion to Compel Arbitration does what I am trying to accomplish?
  7. @BV80 I'm assuming Midland can get a record, as LTD was collecting and I got verification over the phone. If they can do that, I can't see them (given what I know they currently do and/or can have) not saying, "Sure, let's go to arbitration! We'll also be seeking all the fees it costs us to do this, from you." I would think the threat of arbitration might deter them, if it weren't for the previous things mentioned. Start at 30%? Are you aware of any forums/post/sites that offer advice on how to go about it (phone?), what to say, and more importantly what not to say? I very much appreciate the help you've already given me.
  8. @BV80 Well, LTD indicates it is a "debt collector", so I'm not sure if it was "made" or "went" to Citi or not. However, in the FAQ's it shows: If they work for companies that buy debt, and Citibank is the previous "owner" of the debt, then I would think they are doing so on their behalf and it was not purchased, like Midland. Arb will be $250 and a bunch of time and effort. I'm considering offering 40% ($800), but not acknowledging any debt is owed, and that it cannot be sold or used against me (whatever that term is) in the future. Probably along the lines of not wanting to take the time to go to arb and/or whatever brief things I can mention that implies it is not necessarily a money thing, but a time thing. What would be your thoughts, in light of recent discoveries and previous history, on that?
  9. @BV80 Yes. A few days ago, I called LTD and they confirmed there was a payment with LTD for that account, and see it in my old bank statements on that (and still existing and current) account. I would assume they could easily do the same thing I did and confirm a payment. I'm not sure there would have been a "credit card statement", as it was an informal payment over the phone, but I do not know what goes on or constitutes a "credit card statement".
  10. @BV80 I have attached the screenshot of the CR for Citi and Midland. Below is the text version (not sure if the text contains all pertinent information) for Citi. Experian 10-2014 CR says: Status: Closed. $2,378 written off. $1,110 past due as of Nov 2011. Date Opened: 11/2003 Reported Since: 11/2003 Date of Status: 11/2011 Last Reported: 11/2011 Type: Credit card Terms: NA Monthly Payment: $0 Responsibility: Individual Credit Limit/Original Amount: $1,800 High Balance: $2,378 Recent Balance: $2,017 as of 11/2011 Recent Payment: $0 Comment: Purchased by another lender. It shows it was CLS (Closed) on 08-2008 and 11-2011, with 30, 60, etc and CO (Collections) in between. I'm assuming the 1st CLS then CO was it being closed and going to LTD Financial and the last, and final, CLS was before it went to Midland (and they took it over). I'm not sure why there is no mention of it from the last CLS (11-2011) on Citibank until Midland shows up (01-2014) on my CR.
  11. @BV80 Charge off - 09/2009 Payment to other collections - 03/2010 Summons sent - 10/2024
  12. @ Coffee_before_tea The CC said I'd have to file a motion. (They seemed to believe everything has to be filed.) This is the only thing I can find on it, and it took a while. Says nothing about how-to, nor could I find how-to. Technically, the issue is not passed the SOL (the 3yr seems to be in dispute and every attorney I've talked to says it's 5 yr). On what grounds should I try and request an enlargement of time and what good would that do, if I'm within the 5 yr? What are your thoughts on the DV?
  13. This sounds like each party bears its own cost... until one tries to get it back. Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Filing for arb does not toll the clock (for their discovery.
  14. Is that saying I needed to sign something, in order for the SOL to reset, or that I did by only making a payment (never acknowledged the debt). It went: Citbank -> LTD Financial -> Citibank -> Midland The payment was to LTD Financial.
  15. Talked to an arb attorney for a bit. He said if they agree to arb, it stops the clock (for Responses), but if they don't it still ticks. They won't get it until Friday and I doubt they'd immediately respond... so it looks like I will have to send the Responses, either way. I talked to JAMS and they charge $250. I fill out this and send to both parties. They also suggested I get an attorney. I asked the arb attorney if he thought demanding arb would pursue LBN to dismiss the case. He said he strongly doubts it and mentioned retainers and young attorneys. He said an attorney would charge per hour or per day. I should look at $100/hr, starting. Also, an attorney would never back down or be scared form a non-attorney (when I mentioned if my Requests would deter them or help with a lower settlement.) If I lose, they can requests those costs they expended and I will owe them those, on top of the debt. I told him the amount and he suggested it might be more cost effective to try and pay 40% on the debt. Seemed like an honest guy. If I knew that they had all these contracts, agreements and records, it would make a decision a lot easier. I wonder if I can send my answers, send my own Request, see what documents they have/provide and then pick a direction? My ideas, so far. Send: The last line is to show my intentions. #1) I am not required to file an arbitration by doing this. #2 ) I have provided notice of your dispute resolution intentions, if they sue me in court, they have violated the FDCPA...by exercising a legal right that does not exist...ergo arbitration election waives other parties right to litigate. Then send Responses and wait.
  16. Er, wait.. An attorney just called be back. He said if I respond to the Requests, I would probably be waiving arb. He said I can do one or the other, arb or district court; my next response will either be taking me down arb or district court. He would charge a flat $800 to go to district court, but would not do arb (as he does not like it). He said I could bring up all what would be my Requests to them, in arb. The direction I'm trying to go is the one in which they (most likely) will stop pursuing it. Does anybody have any experience with the likelihood of what LBN does when a motion for arb is filed?
  17. EDIT: Please see the next post. I'm going to file my Responses tomorrow. I guess I'm going to hold off on MTD/Arb. Should I send my Requests, at the same time? Here is what I have, to date. Looks ok?
  18. The amount is $2018 I'm sure I signed a contract on the original debt, Citibank, and that it has a 5 year SOL. They placed me in collections more than 5 years ago (9-27-2009). I know I made a payment more than 3 years ago (03-01-2010) on it, with another debt collections agency (LTD Financial), and I know I did not sign any contract with LTD Financial (or anyone since). During their process (with LTD Financial) of accepting payment, etc, there may have been some, "We need to transfer you to a verbal xxxxxxx to verify xxxxxxx..." or something to that extent, however that would have been more than 3 years ago. In my answer to the Petition I responded with so I guess I don't need to amend my answer(s) and I need to file MTD, next, and hold off on my Request for Admissions, etc. Do I respond to their Requests for Admissions, etc, before, during, or after I file the MTD? (The Requests for Admissions state if I do not respond to it, within 30 days, I accept whatever they asserted and do not wish to do so. I am unaware if filing the MTD stops the clock on their Requests for Admissions; I can't find anything on the two related to each other.) Is there a template I can look at that will help me file the MTD, with the specifics (and mentioning) of the 3 year SOL? If I need to file for arb, should it be done with the MTD? I saw @Coffee_before_tea mention, "Motion to Dismiss with prejudice (based on SOL), or in the alternative, a Motion to dismiss proceedings and compel contractual arbitration." If so, is there a template or format to doing so? (I'm afraid of just smashing a bunch of things together, that should have been separated, and that it may not be accepted and/or will look like I have no idea what I should be doing.)
  19. That and/or information if I have to respond to the Requests, etc if I'm going to file a MTD (with or without arb), information on how to (and if it is valid, in regards to restarting the SOL) I mention §12-95 2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment, and the and if/when I should (then) send them my own Requests
  20. They sent the Petition for Indebtedness and I responded, within the 30 days, with They then sent a Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents I have not responded, and need to by Feb 26th, but was going to go with There has been no further communication, either way, besides their Tax Return offer. I do not know how to get a copy of the old credit card agreement, however I scanned most cards (I only had whatever a basic one would be) and they all say
  21. I found lots of information, but none that mentions filing an MTD means I do not have to respond to their Requests for Admissions, etc. I have sent to them, and the court, my response to their Petition with Affirmative Defenses (mentioning time barred, etc.) What order should I do these, by Feb 26th? - Respond to Requests for Admissions, etc. - MTD/Arb
  22. @BV80 Well crud. I guess I should simultaneously respond to their requests and request validation. See if there is anything about the SOL for 3 years, then (if found) file for motion to dismiss and arbitration. If not, do I send my own requests, then arbitration motion or vice-versa? If I do, do I send my requests before, with or after the dismissal/atarbitration motion?
  23. @BV80 They have sent standard collection letters. You owe X on X account. Please pay or call to make arrangements. Etc. I'm not sure what (a/this) "validation of debt" is or would look like.
  24. @Coffee_before_tea They have sent no CC agreement, but I never asked as I thought in my dispute they would. I had a generic card. https://www.citicards.com/cards/acq/cmaView.do?PID=374&cma=true&locale=en_US That is arbitration. Starting on page 9.
  25. @BV80 Since this was not the initial form of communication, as they have sent letters before, does my disputing the debt not trigger it then? If their pleading does not trigger it, then something has to, otherwise it is a circular law that is a non sequitur. (I appreciate you back-and-forthing with me.)
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