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About Odetotheteapot

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  1. Hello All, I am in the process of responding to a request for admissions and one of the requests is: Admit that you never sent a written dispute if any billing statement within sixty (60) days of receiving that billing statement. I actually did send a letter denying the debt was valid (because I thought it was included in my BK and I still have a copy of it) but I am worried that answering "DENY" will be considered an admission of guilt. Can anyone give me advice on this?
  2. Thanks for all the help! The guy working for the plaintiff has messed up a ton, but he still knows more about the law than I do. I am also still waiting to see if my motion to strike was granted. How would I find that out? If it was then I can file a Motion to Dismiss because the original complaint will stand. I am hoping I can file motion to dismiss due to lack of standing because the first complaint lists NCT as the primary party (the documents show they are not) AND they identify the account as a line of credit which would have been dismissable in my BK. I will include their forms to me and
  3. The bill is from NCT. It is really weird wording, it looks like they sold it in march of 2007? It says "This pool supplement (the "supplement") is entered into pursuant to and forms part of that certain Note Purchase Agreement (the "agreement") dated as of March 26th, 2007, by and between The First Marblehead Corporation and Union Federal Savings bank (the "program lender"). This supplement is dated as of September 20th, 2007. Capitalized terms used in the supplement without definitions have the meanings set forth in the agreement." What I find really odd is that my loan is dated for June
  4. The first bill they sent was in 08/2010 it was due 09/24/2010. I filed for bankruptcy on 09/28/2010. I think that technically I would have been in default at the point I didn't pay, but I don't know. It was a chapter 7 BK and I received the discharge on 01/10/2011.
  5. Ohh, ok I see. No, I did not make any payments at all on this loan. The credit agreement says the following under a section called "Whole Loan Due" To the extent permitted by applicable law, I will be in default and you have the right to give me notice that the whole outstanding principle balance, accrued interest, and all other amounts payable to you under the terms of this credit agreement, are due and payable at once (subject to applicable law which may give me a right to cure my default) if: (1) I fail to make any monthly payments with you when due, (2) I die, (3) I break any of my o
  6. It is a private student loan and they are within SOL ... any other ideas? And thanks for the info so far ...
  7. Yes, the paper work identifies it as "astrive undergraduate loan." I do not see a "holder" section in any of the terms, is there another term it might be under?
  8. No. They purchased the loan in a pool sale from Marblehead Corp. Union Federal Savings Bank was the original creditor.
  9. The original loan paperwork (included by the atty in the AMC) states a BK will trigger default. I filed my BK with the help of a paralegal but I made copies of everything. I don't know if this info helps, but the loan was listed on the schedule F, which is what I used as proof to deny the debt's validity back in 2013. The atty I spoke with most recently tried to look up my BK stuff to see how the loan was listed, but she couldn't see anything other than what I had copies of.
  10. Yes, the debt was a part of the BK but I have no way of knowing if it was included in the discharge for sure. I received generic notice of discharge when the BK was complete. My trustees assistant told me it would be included when I talked to her in Mar/2011, but the lawyer I spoke with in Oct/2015 said that it wouldn't have been discharge if I didn't go through the adversary process. I don't know if it went into forbearance or not? Is there any place I can look that up?
  11. 1. who is the named plaintiff in the suit? National Collegiate Trust 2. what is the name of the firm handling the suit? Patenaude & Felix A,P,C 3. how much are you being sued for? 28,xxx.xx 4. who is the original creditor?(if not the plaintiff) Union Federal Savings Bank 5. How do you know you are being sued? (you were served, right?) I was served 6. how were you served? In person 7. was the service legal as required by your state law? Yes 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I sent them a letter to three different address