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Recovering Attorney

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Everything posted by Recovering Attorney

  1. You will likely get a settlment letter offer from Cavlary before they do anything. You can probably do a bit better than what the letter offers. Remember, money talks, so don't be afraid to pay a bit mor than what you think is fair, if it is more important for you to clean up your credit.
  2. As Torden says, you need to be more specific in your dispute. Send them a letter saying " Thanks for those statements, but...." And remind them that since you ARE disputing liability, they should not report it to your CR. Check and see if Portfolio is on your report, adn if so, if they have marked it as disputed. They should!
  3. teh service issue is a non starter Hopefully, you answered the complaint with the defense of alck of standing. I would do a followup rfp and ask for whatis missing. Or, you can sit tight and if they move for SJ you can counter that they do not provide the whole chain of title
  4. If you get a notice from the attorney, ask for validation. If you get sued, DO see a decent consumer lawyer. There is lots of info o this board and elsewhere, but you need cogent advice. Arbitration is a good way to put a stick in their spoke, as it gets it out of court, and it is expensive to the other side ( since you can ask them to front the costs), but the arbitrators are back in the game now, so things move just as swiftly as a lawsuit without any real protections for you. 25% is a good place to start, but with a fresh debt like this one, expect a less generaous discount. Money talks, so maybe you put 25% dow and pay another 25% over 6 months. See if that works.
  5. I'd send it to the plaintiff's attorney now. Send it by certified mail, so you know when the got it. Ask them to discontinue the action with prejudice. Call to follow up
  6. Um....... why would they speak to you under these circumstances? They don't want ANOTHER FDCPA case against them. And your friendly class counsel won't speak for you in the foreclosure?
  7. If the "choice of law" is Delaware, then you might have a 3 yr SOL, not 4. Look and se if your state has a borrowing statute. Telling a debt collector to pound salt does not reset the SOL. And if you were specific enough in writng to state your conentions, you might avaoid an account stated claim, too.
  8. Send it to either, but I prefer teh street address. I don't bother with the green card. Send it first class certified and you get a track n confirm number: the USPS will tell you it has been deliverd. That is what you want.
  9. there is no such thing as " lousy validation." They sent you what their client has, whihc probably is enough for 1692g purposes. THey do not have to give you legally competent proof, if that is what you are asking. If you know if to be your debt, and this service chit lines up with your 2005 address, then you have to ask yourself what you'd be fighting for.
  10. To the OP, another alternative is to try to have the judgment vacated. This sometimes gives you leverage to strike a deal. Go get a copy of the court file and take it to a decent consumer lawyer ( NACA member, not just say, a BK specialist) and get an opinion on whether you could get it vacated.
  11. Generally I tell peple not to pay CAs, but I have had dealings with ARS and they are generally ok ( I als o sued them, they helped buy my boat). Make an offer in writing and ask them to respond in writing with something that says they have authority to settle for theOC and that all settlements are final. Otherwise, you can string it out a bit more, as ARS is just a CA, not a law firm
  12. This is why we advise people never to pay a CA. Go see a consumer lawyer about this.
  13. I wouldn't pay it. I would send COnvergent a C&D reminding them the matter is time barred. As for your CR, you may just have to ride them out
  14. Do put your offer in writing. You can couch it in terms of " This is made in th espirit of compromise without conceding liability or admitting any fact. " How close to the SOL is it?
  15. If you get a 1099-C from your charged off CC or a jdb ( if you paid one off), use IRS Form 982 to contest including the discount in your income. Also, if you get settlement leters from CA or JDB that do not mention the 1099, keep them! There is case law (Ellis vs Chen & SLamowitz NDNY) that finds a failure to disclose the eventual 1099 is deceptive under the FDCPA
  16. I wouldn't pay them. I'd ride it out til the item drops.
  17. State with factual particularity the basis for your denial of each allegation in the Complaint that you deny. Defendant’s response: Defendant has never had a contractual agreement with Plaintiff.' This is ok if you denied such allegation of the complaint 2. Identify all documents that you assert constitute the contractual agreement(s) between the parties. Defendant’s response: Defendant has never had a contractual agreement with Plaintiff. OK, ditto 3. Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf. Defendant’s response: Defendant objects to the request as vague or ambiguous.\ I would not use this. I might say. This is not an issue, defendant denies having this account 4. Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter. Defendant’s response: Defendant not in possession of suggested documents. OK 5. Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Answer, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge. Defendant’s response: Defendant objects to the request as vague or ambiguous. I prefer to say: tsuch persons work for or in control of plainitff, and have not been identified to defendant yet. 6. Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian for each such document. Defendant’s response: Defendant not in possession of suggested documents. Add: Defendant ill amend ths answer as discovery responses from plainitff dictate 7. State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny. Defendant’s response: Defendant has never had a contractual agreement with Plaintiff. ok 8. State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute. Defendant’s response: Defendant objects to the request as vague or ambiguous. Say instead: not applicable as defendant denies having this account and that was not alleged 9. State the amount you contend you owe Plaintiff and describe how you calculated that amount. Defendant’s response: Defendant does not owe any amount to Plaintiff because Defendant has never had a contractual agreement with Plaintiff. OK 10. Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant’s answer. Defendant’s response: Defendant objects to the request as vague or ambiguous. Defendant cannot answer this interrogaotry as it has no account with plainttr 11. State each and every fact upon which you based your denial of the indebtedness claimed owed by Plaintiff. Defendant’s response: Defendant does not have any agreements with Plaintiff. 1. Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff. Defendant’s response: Not in possession of suggested documents. 2. Produce copies of any and all documents signed by you and/or the Plaintiff pertaining to this action. Defendant’s response: Defendant has not signed any documents pertaining to Plaintiff. 3. Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties. Defendant’s response: Suggested documents do not exist. 4. Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf. Defendant’s response: Defendant not in possession of suggested documents. 5. Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant’s response: Defendant does not have any agreements with Plaintiff. 6. Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny. Defendant’s response: Defendant not in possession of suggested documents. 7. Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer. Defendant’s response: Defendant not in possession of suggested documents. 8. Produce copies of any and all documents that support your contention that the amount claimed by Plaintiffs incorrect. Defendant’s response: Defendant not in possession of suggested documents.
  18. Yes, let them know you believe the debt is time barred ( even assuming it is yours , which you deny) and that if they sue, so will you.
  19. If you beleive this is not your debt, I would write them back and say thanks for the statements but this is not a debt you recognize as yours and ask them for more, precise info ( such as a paymentclip or an aplpication. They probably don't have anything more, but it will put them on their heels. Or check the dates on the statement, maybe it is outside the SOL. Nothing stops you from questioning the debt. Just be prepred to defend if they do sue
  20. with the medical debt, I'd make the offer to the OC and ask them to show their good will by telling the CA or whoever reported it for them to delete it. I've had success with that in the past. In my experience , banks won't do a pay for delete and most jdbs won't. If you are dealing with a CA or lawyer who hasn't put the item on your cr, they won't be able to bind their client to any such offer, so it isn't worth it.
  21. How much discovery has the plaintiff given YOU? I assume you've asked for some. Can remind the judge that you are not supposed to make the case out fo rthe plaintiff, they should have whatever records support their case, adn it is premature to divulge your employer and bank records.
  22. I wouldn't try to worm out of the late fees and overlimit fees as you are suggesting. I think most judges will roll their eyes and not take you seriously after that. Just mho
  23. It is state by state issue. First you try to win on your state's law. If not, look at ther agreement and see what state's law they say controls. eg. CapOne says Virginia, HSBC is Nevada, Disover is Delaware, etc, then you try to match up SOLs aiwth case law. Essentially, courts will willingly find you liable for a card in your name you use, so you use that to claim the ora/unwritten contract SOL.
  24. Sprint may no talk to you. If AFNI bought the debt, they definitelywon't talk to you. What they sent you wa cheesy, but probably ok as far as validation goes. But I would not stop. Write them again, say that this was not your debt ( or whatever your reasonis) and ask for some proof ( e.g., statement or app) so you can make sure you haven't been defrauded. Tell them that you DISPUTE the debt and they should not report this to a CRA and if they have, they should remove it. Then wait 45 days and pull your CR. If AFNI shows and they haven't marked it disputed, you may have an affirmative action against them.
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