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Everything posted by Odetotheteapot

  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 the schedule F that shows they are listed and hope for the best.
  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 4th 2007 so I don't know how it could have been included in a sale that was prior to my loan even being disbursed.
  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 other promises in this credit agreement, (4) any bankruptcy proceeding is begun by me or against me, or I assign any of my assets for the benefit of my creditors, or (5) I make any false written statement in applying for this loan or any other loan or at any time during the deferment or repayment periods. If I default, I will be required to pay interest on this loan accruing after default. The interest rate after default will be subject to adjustment in the same manner as before default. Upon default, you may also capitalize any interest and fees (i.e. add accrued interest and unpaid interest and fees to the principal balance), and increase the margin used to compute the variable rate by two percentage points.
  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 addresses denying the debt in 2013 and asked them to stop contacting me because I believed it was included in my 2010 bankruptcy. 9. what state and county do you live in? Arizona: Maricopa County 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) Never made a payment; the loan was taken out in 2007 and went into default in 2010 during my bankruptcy. I thought it was included so I started the process of rebuilding my credit. In 2013, I received a bill from them and sent them the letter I mentioned above. 11. What is the statue of limitations on the debt? 6 years 12. what is the status of your case? suit served? motion filed? Answered with a general denial of all allegations on 10/7/2015. Plaintiff filed 1st amended complaint on 10/13/2015. I filed a motion to strike 1st amended complaint on 11/2, citing it was filed without being signed by the attorney, it was not conformed, and plaintiff did not have leave of court (no idea if it was accepted?). Notice of Disclosure statement filed on 11/18. 13. have you disputed the debt with the credit bureaus? (both the original creditor and the collection agency) Yes. I have disputed it every time it shows up on my credit report because I thought it was included in my bankruptcy. I found out recently (after talking to a lawyer) I would have needed to go through the adversary process when I filed bankruptcy, but the bureaus have removed it every time. 14. did you request debt validation before the suit was filed? No. 15. how long do you have to response to suit? I already responded. I am looking for advice on whether I should continue to fight this (it's subject to compulsory arbitration) or try and settle. I have been advised my current life situation makes me collection proof, but I have a little bit of a 401k I can cash out to settle this if I absolutely have to. I am in a master's program that will have me unemployed for the next 3.5 years, but I don't want to worry about a judgement following me around. I also don't want to cash out a protected asset to settle a debt I thought was discharged. 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. The first set of documents I received contained a summons, certificate of compulsory arbitration, plaintiffs complaint citing "breach of contract," "open account," and "account stated" with nothing attached. There was NO account number listed in any of this and the plaintiff referred to it as a "line of credit." ‚ÄčThe amended complaint just lists "breach of contract" and the description is changed to "loan for academic purposes." Attached was the "note disclosure statement" and "non-negotiable credit agreement" from the original creditor with my signature. They also attached what looks like a very generic "pool supplement" because none of the information is specific to my account. It lists three people as "witnesses" to the agreement but the names are typed out and there is no physical signature. The amended complaint was not signed by the attorney, it was not conformed by the court, and it was filed without leave of court based on the date I responded.
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