Auntnana

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About Auntnana

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  1. I recently started receiving calls from Allied Interstate Collections regarding a Columbia House account. First, I've never bought, signed up for or received any merchandise from Columbia House. The calls are coming 3-4 times a day but it's not a live person, only a recording saying "our previous attmepts to contact you have failed please call us at (phone number) and give reference number "blah". I finally called the number and the hateful guy tells me I need to pay up. I explained to him that I didn't have any dealing with Columbia House. He said it was from a 2002 debt. I asked him if it was a 3 year old debt why they just now started calling? Told me it wasn't his concern. I asked him what social secuity number was given on the account. He said it wasn't that kind of account. So, I asked him to send me validation of the debt. He said since they weren't reporting to the credit bureaus, debt validation didn't apply to them. What???? How do I get these morons off my back for a debt I really and truly don't owe?
  2. Been a while since I posted Filed ch7 in 2002 - car loan included because bank never turned in reaff paperwork. Bank continued to report account as open and with a balance. No IIB notation. Paid off loan in May 2004. Bank wouldn't release title unless I agreed to pay the account balance of $1200 they say was for the repossession of my car. Car was never, ever repossessed. Bank started reporting late on Equifax every month because I wouldn't pay bogus repo fee. Mysteriously after I pointed out to them that the car was never repo'd, the balance went from $1200 to $555, but they NOW say the balance is interest, but their account printout plainly states "repo fee". I have paid over $18k on a $13k loan and I still owe $555 in interest? Had a total of 8 late payments - none over 30 days - and loan was paid in the 60 months specified in original contract. I filed against bank in Fed Court in Oct 2004 to release title. I received bank's motion for summary judgement today claiming they have priority right to vehicle because they have a security interest in vehicle. They state I have absolutely no rights to the vehicle. Can they have a security interest when the loan has been paid in full? And if they claim the loan hasn't been paid - wouldn't they have to show the vehicle was repossessed to claim a repo fee? Their claim of it being interest is sooo lame. I took all my paperwork from OC bank to another bank to explain $555 in interest - they say there's no way I still owe anything - I actually overpaid. Banks motion says "Plaintiff's voluntary payments were not always in conformity with the payment schedule in the original Contract". What? If they claim they were voluntary payment then they wouldn't have to follow a schedule, right? The way the bank has written their argument is that once a debtor is in default, creditor has a right to repossess the collateral at any time even after note is paid in full. What's my best angle for my opposition to summary judgement? Should I just try to put it in lay terms that the bank no longer has a security interest? Any and all advise is greatly appreciated.
  3. Finally received my settlement today from EQ. Of course I can't discuss it but I got what I wanted. Chalk one up for the litte guys (gals)!
  4. I read the agreement with a magnifying glass. It only mentions releasing claims "prior to the date" of the agreement.
  5. Only 3 remained on EQ and 4 remained on EX. But I had 14 and 13 respectively deleted so I wasn't going to push my luck and blow the settlements over the last 3-4 negs. They were both being pretty adamant about the same 3 anyway. First USA and 2 for MBNA. And EX wouldn't del the public record of my BK. Well after all, they did dig up a copy of my filing...... As for what remains on TU...we'll see what comes of that. The ones that remain are the ones listed as charge off's that were IIB. That's what I want to work on now. Try with the OC to get them changed, wait til after the new year, then try the delete tactic again with the CRA. All in good time....
  6. Yup. FINALLY getting some things settled. EQ has actually been very civil and humane about the whole thing. I keep waiting for the punch line but so far nothing bad. Settled with EX last month. Nothing gigantic but enough to make them fix a few things a cough up a few $$. My biggest hurdle has been TU but I filed a mothion for Summary Judgment against them. The deadline for their response was Aug 31st and they didn't respond so I don't know what will happen there. Since they didn't object to my motion I'm thinking it just might go in my favor.....but I won't hold my breath. I know I'll have a fight on my hands trying to get First USA to change my acct from co to bk so I think I'll deal with the others first and get them out of the way.
  7. So I've got a few things left I couldn't get deleted. I've got 3-4 accounts listed a charge offs that were actually discharged in ch7. None of the accounts were delq when I filed BK and I've kept my old statements as proof. From what I've read, charge offs count more against you than included in BK, is that right? Is there any certain way to go about disputing these with the OC or just the standard "these are listed as charged off and should be listed as IIB"?
  8. Received a settlement offer today from Equifax. WOOHOO! 1) If I sign their settlement agreement, can they then have the case dismissed just by me signing the agreement? I ask this because.... 2) I want to tell Equifax I will only dismiss after I receive payment. Am I going to run into a brick wall with that or is it the norm? Any and all help is greatly appreciated!
  9. Haven't posted in a while....I've just been in the waiting process. Quick recap.. Filed bk and car loan was included because oc dropped the ball on the reaff agreement. Paid car off but when I called to get payoff amount it sent up red flag and they started tacking on all kinds of "collection fees", won't release title unless I pay late fees and collection fees. They pulled my credit report 7 times AFTER discharge. I filed in small claims court but case was removed to fed court. Got a letter from the oc's lawyer asking me how much I am willing to pay them to release my title. (Yeah, right ) In their answers to my complaint they state they never pulled my credit report and even if they did, they had a right to to see if I was still meeting the terms of my agreement. In the very next paragraph, they admitted that a reaffirmation agreement was never signed. They also admit the debt was discharged in ch7 bk. I have the EQ reports showing when they pulled my cr, they admit it was discharged and they admit no reaff was signed. Yet they still claim they had a right to pull my cr and to try and collect the debt? So my question is... should I send them a letter refusing to pay them anything but saying I would be willing accept a settlement from them for violation of the FCRA? If I send them a letter, should I send copies of the EQ cr? And should I include a copy of the FTC Gowen letter (no permissible purpose)? Any help is appreciated!
  10. Actually I'm not steemed over the late fees, they total something around $150, I can fathom and handle that but I'm being stubborn because of the other fees. What I'm absolutely 100% refusing to pay is their "Collection Fees" and thet's exactly how they are worded on my payment history. Those fees are $275 a pop and there are now 4 of them. Their explanation was that it is actually a repo fee. But the car hasn't been repossessed and I told them so. Well, then they say it's for the repo agent calling me. So it's not a repo fee, it's a collection fee, just like they've labeled it. The fee for the repo agent who is calling and harassing me. The one who isn't licensed to collect. So not only are they admitting that they have someone calling me trying to collect on a discharged debt, they're charging fees for their illegal actions! I got miffed at work today just thinking about it and did just as Methuss was thinking. I faxed them a copy of the warrant against the OC and told them they needed to consult with their 'client' before taking any further harassing action against me, that it may appear to the judge as a retalliation tactic. I worded it more professionally though. Then I filed a complaint against the repo agent with the FTC and the Attorney General and the state licensing board since our state law says that attempting to collect debts without being licensed is a Class C misdemeanor.
  11. Awww, c'mon Calawyer! I've only got 3 cases pending! A little over 2 years ago my former employer skipped the country after putting a stop payment on 7 weeks worth of paychecks. That's what sent me directly into BK in the first place. After I fought and fought and fought the system and found out I had no recourse to get my pay back unless he comes back to America, I decided to start standing up for myself. So now I'm fighting back for what little I have left. You'd better believe I've kept anally detailed records of each and every conversation I've had with both the bank and the repo co. I've got about 3 messages from my answering machine at home transferred to tape where the repo lady threatened me, and I took pictures of my caller ID although I don't know how those will be received. So are you saying you don't think a judge will believe me over them? Or is the favor usually for the defendant anyway?
  12. Recap: Had car loan discharged in ch7 bk, kept car and kept making payments, stirred things up when I called to get payoff two years later. Two payments left they want car back, sicked psycho repossessor on me who kept calling me at home demanding I pay bank or turn in car. Paid off loan 2 weeks ago except for illegal collection fees. Filed suit in general sessions against bank cause they said they wouldn't release title until I pay illegal fees. Court date set for 6/23. Today, repo agent calls me 3 times at work! First time I listened while she told me I had to give up the car or pay off the balance. Next time I told her not to call my work again. (They aren't licensed as a collector in my state) Last time she said she'd keep calling my work and home until I pay or give up the car. I know that's illegal but how can I prove it? I work for the state so recording the conversation is completely out of the question, there's a whole chapter in the handbook on it. So here's my question: How do I stop them from trying to ILLEGALLY repossess my car? Is there some kind of injunction or restraining order I can file or something? If so, how do I go about it? Since the court date isn't for another month, is there anything at all I can do?
  13. I filed a request for production of documents in my suit against TU as they did to me. Example: Trans Union ("Defendant’), pursuant to Rule 34 of the Federal Rules of Civil Procedure, hereby submits a Request for Documents. Request 1. All Consumer Reports and Files which you have obtained from any source, including without limitation those which you contend contain information reported by Trans Union. I had to answer them as well as produce the documents and vice versa. Example: ANSWERS Request 1. All Consumer Reports and Files which you have obtained from any source, including without limitation those which you contend contain information reported by Trans Union. A: Objection, with the exception of Trans Union produced Consumer Reports, the requested documents are not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of such objection, Plaintiff has submitted with this answer, copies of all Trans Union Consumer Reports in her possession. I don't know if this will pertain to your suit or not since it's federal but maybe it will give you an idea of what to look/search for in the rules of the court you're in. I know that the TN rules of civil procedure are almost identical to the fed rules. Anyway, you could request the specific documents/items you are talking about. Are you in small claims, district, ?
  14. No it doesn't skip and they did that for each rog. Never received a complaint with a paragraph 6, never received a complaint with a paragraph 11, etc. I am pretty sure that with the return receipt and their answers to my rogs, there really aren't any facts in dispute. Other than them saying they didn't violate FCRA. I re-read their answer concerning my last two letters; for each one they didn't 'technically' say they didn't receive them, they said they "are not in possession of a letter from the Plaintiff dated ..." The letters they received but don't, have they answered " are not in possession of a letter dated... but records show receipt of correspondence from plaintiff on ..." Any advice on filing the SJ? I know I have to provide a motion for SJ, facts not in genuine dispute, exhibits in support of the SJ, and memorandum and points in support of SJ. Is there anything else I should put with it?