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About determined

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    home builder

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  1. Does any one have the case law where discovery is not burdensome, irrelvent for George
  2. Yes you can contact them on your husbands behalf just have his social security number ready when you call and tell them you are his wife. Send them a 30 day violation letter certified mail.
  3. Her name is Ms. Banks (678) 795-7954, She will lie at first and tell you they never received it. Then she will tell you oh! they did the investigation and sent it to you. Because she thinks you don't have the proof. Then you tell her you have proof she will still try to protect the company. Have all your certified mail receipts and any credit reports that you may have pulled from privacy guard or there bureau to prove they did nothing. I have no mercy for her. I even have her fax number which is (678) 795-7954 Good luck!
  4. this is the 5th request to equifax and intent to file a lawsuit. Equifax admitted they did not do the investigation and on this last time they had a special operator to handle the dispute. She then said she would do the dispute i told her that i did not request a nother investigation that i just wanted the items i disputed deleted because they did not do it within 30 days. I sent certified receipts, confirmation of faxes they received all disputes. Still did the in proper investigation. She called me back and said she contacted the creditors and they verified the debt were accurate. I then told her why would she do this when i told her i did not request it anymore that i just wanted deletions. I then called all the creditors that i was disputing and had been disputing and they agreed to delete after they could not provide me the requested documentation. In total there were 6 deletions except one who i am still waiting for verification from a collection company representing a denist the date of last visit is 2000. Im trying to get them with the cali law and did offer to pay what we owed to collection company and doctor if they would delete they refused and wanted $700 for a deletion when the alleged original debt was 400 and the doctor actually faxed me a settlement confirmation of this before they learned it was with the collection company and told us we would have to deal with the collection company. I have sent the check anyway to doctor since i have the agreement and signed the back stating if they cash check it is closed no balance. i sent it next day mail need signature. (i had 10 days to pay before they found out it was with a collection company) If they send it back can't i use the Uniform Commercial Code that the debt is discharged if the creditor refuses payment? when they agreed in writing to give 10 days to pay. Does anyone no of the Uniform Commercial code? back to Equifax, I told her since she has inconvinenced me for 4 months that my intent still stood and i want to be paid because they made us lose out on a realastate deal as a result of inaccurate information on the report, and low score was 549 now eq 639, ex 681, tu 672 She said an outside attorney has my dispute and will be getting back to me. No one has called us to date been 10 days. What next? Oh! i have documentation of the 3 rejection letters and approvals with high interest rates had we took the loan. Equifax is doing this to quite a few people we need to make complaint to FTC which i have done but, we know where that goes Need help filing suit in small claims in cali
  5. have you found that case yet? because Plainiff has put in a motion for summary judgement with a affidavit fromthe bank's attorney who claim to have knowledge which he don't. Does the Plainiff have to show up for the mediation or not? I can tell they don't have anything but the statements and statements does not prove that i charged the account. you you have a answer that i can give them to denied the motion?
  6. Plainiff has file a motion for summary judgment even though the judge ordered mandatory mediation because i file a motion to compel discovery. Plainiff answered motion for discovery with claiming trade secrets and still searchingfor application "contract". We sent a meet and confer this is what there response was. they sight Young v Climtro Southeast Distribution Corp 141 GA App 235 (1977) because they claim the answer was a general denial. They now have included a affidavit from the bank costodian who is a attorney They only include bank statements still in there motion The address on the bank statement are at the present address but the account originally opened at a rental property 3 years ago Does anyone have any sugguestion on a denial or a case law we can sight to counter? They obviously do not have the contract all they have is the statements And in the affidavid it does not state tha t he has personal knowledge that i charge the charges and without the contract how can the prove i charged the debt or requested the credit card in the first place. need to answer tommorrrow.
  7. you can find out if you go to the companies web site or simply call the number on the collection letter it should say at the bottom of the letter this communication is a attempt to collect a debt if it says that then it is a debt collector and fall under the FDCPA. When you call the attorney do not tell them who you are. Simply ask what does your lawfim specialize in. don't let the receptionist trick you into giving your information.
  8. an award was given to a debt buyers assignee. Can they enforce award even though there was never any consideration. Consumer did not know what they sent them in the mail about the arbitration. arbitration states in there award that on 11-01- 04 the parties enterend into a agreement that they would arbitrate. the consumer never ever agreed to anything with this assigne in writing or verbally. Consumer opened a MBNA account in 1999 and there was no clause in the contract tht arbitration was agreed upon. The account had been sold 5 times they are the 5th assignee award was for Assignee only no other names of origianl creditors not even the debt buyer who assigned the debt to them. What can be done? Can they do this?
  9. What about here in California? the OC falls under FDCpa here right?
  10. I am confused. Isn't the CA assigned by the OC? If so why would'nt the OC be responsible for CA if they did not notify the OC to have the negative item put in dispute when they represent the OC and arn't they suppose to notify the OC of any dispute so they can validate the debt and list it as disputed? So why would the OC not be in violation? The CA cannot validate the debt the OC has to and send it back to the CA to send to consumer according to FTC letters. Did i misunderstand you reply?
  11. you asked me to remind you to day to find a answer to this refusal of discovery. The attorney is also stating that the statements for 12 months that they have and a agreement without a signature should be enough. They are refusing the bookkeeping because is is trade secrets etc. The attorney also state in there response that they are still trying to find the application and will produce it "if" they find it! They also state that the discovery is broad, unduly, burdensome and irrelvant. for each of my request. The reason we asked for the bookkeeping for the account it will show that they did not lend there money but there credit, which is illegal according to 12 U.S.C. 24 paragraphs 7 states: A bank can lend it money but not its credit. And also it will help in the proving what amount is actually owed since they only have alleged statements. Oh by the way this case is in Atlanta GA Gwinett county hopefully you can give me that response today. Mediation is set for the 14th of February and i want the bookkeeper there to question
  12. I was asking them for the contract tht has the signature. They feel the statements are suffiencient but it is not because how do we know that the interest they came up with on 20,000 purchase comes up to 40,000. also would like to see contract when account opened to see if the billing statements are even correct. Ask for copy of affidavit from the bank that the statements are true in fact. Who is the original holder in due course? etc. validation questions basically.
  13. The reason they give is that they feel it is a stall tactic and produced statements and a contract with no signature on contract in there motion. The address on the statements are from a property that was owned but never lived ther it was a rental property. What will be my next response? should i ask for a summery judgment for not showing just cause. or dismissal because they don't have the evidence that i requested such as the original copy of the contract that alleged signed to verify the interest tht they claim is owed $40,000. and to see if there was any disclosure tht they were lending credit which is illegal according to law banks cannot lend there bank credit unless it is disclosed to you. and the three eliments that would make a contract legal are not there and they did not give consideration to me when i requested for 2 years tht they provide me a affidavit to the fact and a copy of the contract, copy of all billing statements from begining to end with a affidavit from the bank. Attorney also filed that that was client privilige for his refusal to produce. mandatory mediation of 2/17/05.
  14. I just checked today and they are active now. can we still let the bureau know tht when they were reporting in 2003-04 that they were not active to get them to delete? Or now that they are active they can report?
  15. Do they fall under the FCRA, FDCPA do you dispute and request validation the same way as Credit Bureaus? Any one have any tips on paid evictions but never got to court? No Judgments.