LaneBlane

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LaneBlane last won the day on July 13 2018

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About LaneBlane

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  1. Is the information listed on the page titled Exhibit 1 correct? This includes the account number, your name, and your contact information
  2. This is very important advise! When I worked on cleaning up my horrible credit 20+ years ago, I left the collections alone because they were still within the SOL. Disputing these with the credit reporting bureaus can be like waking up a sleeping giant. It's best to leave them alone and hope the SOL quietly runs out.
  3. They believe you owe them money. Therefore, in their eyes, they do have a need and a reason to call you. Unless you send them a cease and desist letter that states they are not permitted to contact you by phone, they can call you during reasonable hours.
  4. This was such a great idea. Looking occupied likely made you seem much more prepared. Congratulations on your victory!
  5. A copy of one of your credit reports should help you determine when your last payment was reported by Barclay. Your credit report should include a four-year payment history for each creditor. If your payments were made by check, bill pay, or auto withdrawal, you can look through your bank records to figure this out. If you don't have any records, you can visit a branch to request copies of statements for a particular period. Don't be surprised if they charge you a fee.
  6. Here's an article I found on Ohio House Bill 123. You can find several other articles through Google: https://www.pymnts.com/news/alternative-financial-services/2018/payday-lending-short-term-loans-regulations-cfpb/ It appears you signed your loan agreement before this bill went into affect. The Governor didn't sign it until July 30, 2018.
  7. Thanks for pointing me to the affidavit. You had mentioned the Bill of Sale is signed "Attorney in Fact," and the Affidavit certifies this is correct. I don't see this on the Affidavit. Under #2, it says the Affiant is authorized to make an oath for the Plaintiff. The Affiant is with the JDB, not the loan servicer. In fact, the Affidavit doesn't mention the Bill of Sale at all. In my opinion, the OP could attack the Bill of Sale because there's no Power of Attorney document to show the loan servicer was authorized to act as the "Attorney in Fact." I also didn't see an attachment to the Bill of Sale that identifies the OP's account as being among the accounts sold. The argument you recommended is a strong one. The Affidavit seems wholly inadequate when it comes to identifying specific records.
  8. I didn't see anything that appeared to be an affidavit. I must have overlooked it.
  9. It's my understanding that loan servicers are responsible for sending statements, collecting payments, and maintaining records. It all depends on the agreement between the owner and the servicer. I believe it's reasonable to question whether Marlette, as a servicer, can legally enter into a Bill of Sale to transfer ownership of a group of accounts, worth a significant amount of money, owned by a different company. In my opinion, there should be an affidavit confirming Marlette and their COO was authorized to enter into the Bill of Sale on behalf of Cross River
  10. The first page of the Bill of Sale refers to accounts listed on the attachment and identified in the attached loan file(s). This attachment is missing, so they haven't provided you with any documentation to show your account was part of the group of accounts included in the sale. I still think there may be an argument concerning the fact that the Bill of Sale is between Marlette Funding LLC and the JDB. Cross River Bank is the original creditor, not Marlette. What document gave Marlette the power to step into the role of Cross River and transfer ownership on their behalf? You'd have to see the Forward Flow Purchase and Sale Agreement.
  11. They may be more likely to accept a lump sum if the alternative may include your filing bankruptcy.
  12. Best Egg is a lending platform created by Marlette Funding LLC, so these two are connected. Cross River Bank is a commercial banking company that funds the loans. According to the Complaint, Cross River Bank sold the account to Absolute Resolutions. The Bill of Sale, however, is between Marlette and Absolute Resolutions, signed by Marlette's COO on behalf of an entire list of sellers that includes Cross River. There's no document and no affidavit that gives Marlette the authorization to transfer ownership on Cross River's behalf. Did the Bill of Sale include an attachment that listed your name and account number? This would have been for the purpose of showing your account was among the group of accounts that were sold. Under section 16 of your agreement, Assignment of Your Loan, Marlette is responsible for keeping a record of assignments and the name and address of the holder of your loan. Nothing here appears to give Marlette the power to transfer ownership. Their role is described as a keeper of the records.
  13. I would recommend a consultation with a bankruptcy attorney. Because your defaults are so high, and you may be facing more legal complaints in the future, it's an avenue you should consider. You can always start making some personal and financial sacrifices like dramatically cutting your spending, selling some personal property, and looking for additional work. If you choose not to move forward with bankruptcy, perhaps these things will help you afford the monthly payment for the BofA settlement.
  14. I'm entering this conversation a little late. Earlier you mentioned you have a good amount of equity in your house, and that your combined defaulted debts are about $35k. I assume this includes the $20k debt with Bank of America. Have you considered refinancing your house? If you have $15k in equity, and can negotiate your defaults down, you may be able to wipe out most of these defaults with a payment you can afford.
  15. If you could sue someone for lying, the courts would never be able to keep up. If it were me, I would respond to the email to assert the fact that the conversation never took place. Keep any emails brief. For example... I wanted to respond to your email to clarify one thing. Such a conversation never took place.