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FHIW

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  1. PNC is just my bank where I had my personal bank accounts that were garnished. The original credit card company was FIA Card Services, which was then transfered to Bank of America and now is Barclays. So Barclays holds the debt and Forester Garbus and Garbus is the law firm representing Barclays. I did go back to the court files from 2010 but this is sketchy too. After they garnished my accounts it appears instead of stating that the judgement is now the amount less the garnished dollars there was a new judgement entered under the same docket number for the lesser amount. But when it got transferred to Barclays it was updated to the full amount again. I do have a copy of the judgement that shows $3720. And I have letters and checks showing that I paid the $3720 to the original law firm. I'm guessing this is one of those situations where they think I agreed to a settlement and did not fulfill it so they returned it to the full amount. But the truth is between the garnishment and my checks I paid the full amount. I just have to prove the garnishment went to the first Law firm some how. PNC's executive office is trying to see if they can find anything but they are saying they only retain 7 years. Since this is 10 years I could be screwed. There is a chance I can find my bank statements from 2010 but it would still not say who the money went to. It would only show it was deducted from my account.
  2. Hi Everyone - Thank you in advance for any advice you have on the below matter. In 2010 FIA Card Services got a judgement against me for around $9700. They garnished over $7000 from my PNC Bank account and the rest I setup a payment plan to pay off. Recently when I went to get a loan I discovered that the judgement was still in place and for the full amount. When I went to contact the Law Firm that was on my original judgement I found out they were no longer in business. The debt was transferred to another law firm and was then under the name of Bank of America. That law firm has also gone out of business which brings me to today. The new debt is held by Barclays bank and is represented by Forester Garbus and Garbus in New Jersey. I have copies of all of the checks that I paid to the original law firm as part of my payment plan but I don't have any record of the payment that PNC Bank garnished from my accounts. When I contacted PNC they are telling me they only retain records for 7 years. I have a letter from PNC stating they garnished my accounts but it does not state the total amount or who it was sent to. Does anyone have any advice on how to proceed with this?
  3. Unfortunately I do not have exact dates. When they would miss a pickup we would call them to let them know. They would always say, "OK, no problem we will send someone out to do an extra pickup". No one ever came and then on the next pickup day the garbage was gone. This left nothing to complain about until we got billed for all the pickups. When we would complain they would just say we will give you an extra pickup this month. We are a small company so the bin was never that full and we could not keep up with the missed pickups. The service got worse when one day they came out to paint the trash bin and put it back in front of another office. It took them over a week to get it back. Normally I would have cancelled this service after the first few problems. Unfortunately the waste companies seem to have a monopoly in certain areas and they don't cross each others territory. Interstate Waste is the only option in our complex. The contract they make you sign if you want service is for 5 years with 3 year renewal. If you cancel early you have to pay 50% of the remaining contract. It is a horrible agreement but with no other choice for trash pickup this was our only option. After not getting anywhere with phone calls to them about the poor service we stopped paying because we were tired of being charged for service we were not getting. Then one day they came and picked up the bin and left. They never even told us. We just went out back to put out the trash and it was gone. Then we started to get collection calls asking for thousands of dollars for the 50% of the remaining contract. There was no negotiating. Ultimately it has ended up with them suing us for $1620.14. Let me know if you need any other background info. Thank you for your assistance with this matter!
  4. I am getting sued by my garbage company (for my business). I'm hoping someone can help me understand if this termination clause from their contract will help my case. DEFAULT, TERMINATION. If, During the Term, either party shall be in breach of or default under any provision of this Agreement ("Default"), the other party may, at its option, (i)suspend its performance until such default is corrected and the non-defaulting party has been fully compensated for any loss resulting from such a fault, or (ii)terminate this Agreement, provided, however, that no termination shall be effective until the complaining party has given written notice of a Default to the other party and the other party has failed to cure such Default within ten (10) days of such notice (with respect to a failure to pay) or within thirty (30) days (with respect to all other breaches or defaults). In the event that Customer fails to pay Company or fails to perform any other obligation under this Agreement, Customer shall pay, in addition to the amounts due, any and all costs incurred by Company as a result of any referral by Company to an attorney. Notice of termination shall be in writing and sent by certified mail, postage prepaid, return receipt requested at the addresses set forth on the reverse side. Long story short, they terminated my service for non-payment. I wasn't paying them because they were missing pick ups and still charging me. They never notified me of the termination in writing as described above. They simply picked up the trash container and left. If this clause does help me what is my next step? Should I just go to court and argue it? Should I speak with the opposing council and ask for a copy of this termination letter? Thank you in advance for any assistance you can provide me with this matter.
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