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Everything posted by jasen

  1. http://www.adrforum.com/main.aspx?itemID=1529&hideBar=False&navID=175&news=3 What does this mean for anyone whose account agreement specifically states they have the right to elect arbitration? We have to take the creditor to court to force them to file the claim for us? Or is that clause voided as it's now uneforceable?
  2. Now that's a handy site. I didn't think a 3rd party site would be allowed to distribute those docs, figured the banks would allege copyrights or some nonsense. Thanks!
  3. The do employ CA's to do some of the work at first. However, when the garnishment demand comes to your employer, it is not from the CA, it is from the DOE. And they send a letter to you at the same time they do it--again, not from a CA, but from the Dept of Education. I know this firsthand.
  4. Preferably a Visa Platinum, but any of them should probably do. My account is long closed, and so have no access to their site to get a copy. Mostly I'm just in need of the sections regarding arbitration, which should be the same across the cards, but the whole thing wouldn't hurt. If anyone can get a copy to send, PM me?
  5. This was my first inclination as well. The question to be settled, I think, is how strictly this agreement can be enforced, and whether or not any of it can be stricken as unconscionable.
  6. Update: Answer was filed. Plaintiff filed motion for default anyway, trying to claim defendant did not appear. (With the motion they also included an affidavit from a CACH employee who claimed to have "knowledge" of the account, and badly photocopied supposed "bill of sale". Still no account numbers on any documents.) Motion denied. Good so far I think. Still no court date has been set. Is that what is going to happen next? What possible motions should we have prepared and ready to use at this point? Discovery?
  7. It's in the $4k range. If a JDB has it, can you still invoke the arbitration?
  8. Exactly what I was trying to do. We deny #1 as we don't know who they are, and they haven't proven they own anything, and we deny #2 as #1 has to be proven first. Yes, I'm aware of the lack of substance to a divorce decree (that's why I didn't bring it up). I was just thinking that a JDB who really wants to get paid might take interest knowing there's another responsible party with more money they might concentrate on. Maybe not. We're willing to put in the work, but it really doesn't seem like a pretty easy one to me. Thanks for your input. I'll keep studying, this is just the first st
  9. The complaints are: 1. Plaintiff owns and is the holder of an account due and owing by the Defendant, and is the assignee of Citibank. 2. Defendant is indebted to the Plaintiff in the amount of $xxx; plus accrued interest of $xxx. 3. Venus is proper with this court based on Defendant residing in xxxx. I'm answering as: 1. Denied, Defendant does not have the information necessary to admit or deny this complaint. 2. Denied, Defendant does not have information necessary to determine Plaintiff owns said debt. 3. Admit.
  10. My SO just received a summons from CACH. There are only three complaints: 1. you had an account with Citibank 2. you owe $x to us 3. the venue is proper My gut is to deny the first two and accept the third, just to make them work for it. However, she's not going to be able to go in there and argue against this, and we can't afford a lawyer right now. She knows it's hers and will have a hard time denying it. Her situation is also not so great; going through a divorce, been a stay-at-home mom for several years, very little income. The amount they want is as much as she made in income the ent
  11. Being past the SOL doesn't mean they aren't allowed to call or try to collect anymore (unless you live in one of the two states that specifically bar it). It just means they won't be winning any suits if you bring that up as a defense. Send them a C&D and call it a day.
  12. Probably just a coincidence. There are a lot of companies out there right now trying to make a buck off of people in mortgage trouble.
  13. Could be on a business-class DSL/Broadband connection. Sometimes it's hard to tell just going by the DNS name. Or, he's at home.
  14. Unless it's wrong or outdated. If you're unsure, verify with the source.
  15. Calling the OC and simply asking should work. They should have no problem telling you if they no longer own it, or no longer have the account in their system. They would realize no benefit in lying about it. A JDB, on the other hand, might try to tell you that the OC still owns it even if they don't, as a way to make you want to settle it. To do the "right thing."
  16. In my experience, they choose to not accept any documentation you send them. Ensure that all your creditors have the updated information, and it should filter down to the CRA as well. Not that it will hurt to send them any docs, but I fear it might be wasted effort. Maybe others will be more lucky than I've been though.
  17. FCRA 623 Basically outlines what is supposed to happen when you dispute an account, what they're required to do, etc. It's one of the ways to get them to either send you proof of the debt or go away. I thought we had a sticky about the "623" method somewhere? Can't find it now.
  18. Well, they're not wrong here, even though the three options they listed are incomplete. What is it you are disputing? That the account in question is not yours at all? Fill out the FTC affidavit and send it to them. I got to the point that any letter I got for a debt that I knew wasn't me, I had a police report filed and sent off copies to everyone involved. The way I see it, if a company is attempting to foist someone else's debt on me, that is fraud/identity theft.
  19. I call the creditor the CA claims to be collecting for. They should have no reason to lie about having consigned the debt to a CA. If the OC claims they no longer own the debt (or can't even find your account), then you're dealing with a JDB. Just because it's now charged off doesn't mean they've already sold the paper. It just means they've closed it and written it off as a business loss. I believe they sell them off in batches, and it could be several months before they bother with it. The bad news is, if it really is charged off, they're unlikely to accept any payment on it. Maybe you
  20. It varies greatly, depending on situation. If the account is still owned and active with the OC, and you're ready and willing to settle, it's preferred to deal with them directly. However, depending on their contractual obligation with the CA, this may not be possible. They are also less likely to even consider a "deal" with you. The account is still fresh, and they want all of their money owed. The older the account gets, the more likely they might want to settle for lesser amounts. If and when they charge off the account and sell it to a CA/JDB, then you certainly have room to bargain, i
  21. Right, "verbal agreements" are not agreements at all. If they want a check before sending a written contract, they intend to screw you.
  22. Utilization is just one factor. If you have no lates, collections, etc, then it's probably not all that surprising.
  23. If they're sending you mail and calling you, they're "doing business" in your state, whether registered or not. I haven't heard of anyone having to travel to another state to sue a CA.
  24. A RESPA letter saved my butt from being run over by Wachovia.