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Posts posted by moppet2003

  1. Just looking to see if anyone has a ballpark percentage figure/monthly payment on used vehicles these days. We're looking at a 2002 Ford F150 and the dealer told us Wells would finance at 12.99 % for 42 months on 11,448 and the payment would be $346.

    Now, we don't have any negs on our reports, but I just re-established positive trade lines from I think 2005.

    Does anyone think we'll be able to get a better rate anywhere or anytime soon.


  2. Were they originally offering to pay the underlying damages plus pay the attorney's fees and costs? Is this saying that now you got a higher underlying amount paid to you, but you are going to have to pay attorneys fees and costs from that amount?

    I am confused.

    I got more than the underlying amount, plus I don't have to pay attorney fees or costs out of that.

  3. Do you have actual damages? Usually they throw the 68 at you when there is no actuals

    If this is a federal case, you can accpet the 58 offer PLUS attorney fees. If tis is a state court action with a parallel 68 provisoin, ask your lawyers

    If you have little or no actual damages you can prove, you are foolish to object to teh offer, IMHO

    Well, I was foolish and rejected the offer only to settle for more than their offer with no attorney fees or costs to me. I should have the check soon.

  4. Thanks for the publications info and I have already spoken to an IRS agent and was told there was a law passed last year that allows us not having to pay the 10% penalty because of all the meltdowns going on.

    Guess I'll have to find our paperwork and plug the amounts into bankrate and see what comes up- thanks jq26.

    And then I'll see if they send anything back to us.

  5. DH and I took a loan against his 401K in 1999 for a down payment on our house and last February we were notified his company was switching to a new benefits company so if we didn't repay the rest of the loan by end of April 2009, they would issue a 1099-R this year.

    We got it in the mail last week and I sent a simple letter requesting the name and address of the original creditor and an amortization schedule from origination and all money paid into loan and how payments were allocated.

    Do they have to send me anything verifying this or do we have to take it at face value what they say is taxable income?

    When we were notified last April about this I had asked over the phone for an amortization and they sent records from 2006 to present, so I'm thinking they don't have all of the records. Any input would be appreciated. Thanks.

  6. You can send another dv if you like, but it isn't going to get you anywhere as far as the court is concerned. I just spent a year in litigation with these yahoos and it didn't matter that they never responded to my dispute letter- it came up in the settlement conference and the judge was indifferent.

    Explore your options with an NACA lawyer- if they're coming after your son for a debt he truly doesn't owe, there may be something there.

  7. You can send another dv if you like, but it isn't going to get you anywhere as far as the court is concerned. I just spent a year in litigation with these yahoos and it didn't matter that they never responded to my dispute letter- it came up in the settlement conference and the judge was indifferent.

    Explore your options with an NACA lawyer- if they're coming after your son for a debt he truly doesn't owe, there may be something there.

  8. Well, my lawyer thinks it'll be a hard sell on my emotional distresses/humiliation as I didn't consult with my doctor on it. I had to wait an entire year (2-1/2 months after I sued them) for the hold on my account to be released so my checks would process electronically as contracted for with merchants.

    Many hours of me trying to fix a problem I didn't create, found out about 30 plus more phone calls than we knew about trying collect on a debt I don't owe.

    It's been an exhausting and frustrating experience and I've come to the conclusion that I'm thoroughly disgusted by the legal process.

    So now that I'm forced to bend over and take it up the tail pipe, I have a couple of questions about some language they put in their Rule 68 letter.

    The last 2 paragraphs have "defendant denies all liability" and "plaintiff suffered no damages" and that I can't bring future claims against them.

    So, am I allowed to put any of my own statements/demands in a letter back to them?


  9. Hello,

    Been a while since I've posted, and I'm not savvy at adding links, but this is in regards to my lawsuit against Tele Check. The case was filed earlier this, and it's progressed slowly. But now, last week the defendants sent my guys a Rule 68 offer and they think I should take it. It's awfully low-ball to me.

    I have particulars pdf's of my case as I signed up for a pacer account if anyone is willing to look at anything and maybe help point me in a good direction.

    The other side hasn't offered up much information, but they did file with the court and order of protection, so I'm wondering what they're afraid of coming out.

    Again, please look up my past posts and I'll try to answer anyones questions. Thanks.

  10. Hello fellow Minnesotan. What we have here is called a "pocket docket" where you can be served papers, but the one who's suing doesn't have a specific time frame for actually filing suit. You need to answer the lawsuit within 20 days by filing it with the court and sending to the lawyer.

    The filing fee is pretty stiff at $252, so if you owe less than that, get a hold of the lawyer and work out a settlement so that it may stay off your reports.

    Otherwise the lawyer will get a default judgment on you after 20 days and the court will immediately notify you of that.

    Good luck.

  11. Hello. Posted here awhile ago about getting an NACA lawyer to help with my plight against TeleCheck and actually now have 2 representing me. The problem is they really don't keep me too informed unless I initiate correspondence.

    Example: Months after initial in-person meeting, they finally drafted a complaint after I had an issue with a check at a major retailer. And then they didn't let me know they actually filed suit about a month and a half ago, I looked it up on the Federal Court web site.

    So I emailed them about this and one got back to me saying all is good for now and they're waiting for the def. to get counsel and contact them about settlement~ what the h@ll?

    How much should I press them for information? Seems to me it should be the other way around.

  12. If your friend signed the title that he was the buyer, then call the DMV and report when the vehicle was sold. The DMV should be able to give you some form stating this for you to send to the collection agency.

    I don't know about CAL. law, but we had a similar situation where the new guy didn't transfer title and we were sent the tab renewal form and I called the DMV and they flagged the vehicle information and haven't heard boo since.

    Good luck.

  13. I agree with Robert. Get a good NACA lawyer and go for it. I'm going through the same thing now and am actually meeting with my lawyer tomorrow to go over the suit he's going to file and the complete game plan.

    And for medical billers~ what online certificate did they get! I got billed last year for a bronchitis visit when it was actually a yearly physical and I couldn't get it through their thick skulls they billed me wrong and I had to pay them for a damn office visit! Arrggh!

  14. Who the heck do you bank with! Call the bank again and demand a fraud investigation be opened on that transaction as it was an unauthorized charge! Unless you signed something agreeing for the law firm to "add fees", then I think you're outta luck.

  15. We're in MN and almost 2 years ago it appraised at $250,000 but they value has dropped to around $205,000 now and our combined income is $72,000. I know we're in a good position but was just curious if a refi was feasible at this time. Say, ball park figure on what it costs to buy down the interest rate? Thanks.

  16. Hello. Just wondering what our chances at refinancing would be. The background: current loan in dh's name only, 6.25% on balance of $164,300 with 18 months into the loan. No PMI, but have a 42 month pre-pay penalty which has 2 years left. Current payment is $1314 but going up to $1381 because of increased taxes and insurance. Loan never late, not even one day. DH's credit is good with Menard's balance of $126, never late and high balance around $475 and Target Visa with balance around $3500 and never late and limit of $8500.

    My credit has a few dings: judgement #1 in 2003 and satisfied in 2005 and #2 in 2005 and satisfied in 2006. Medical collection from 2004 that's in dispute and one from 2006 that's paid. Also have from judgement #2 the jdb still reporting that's it's satisfied in full, but will drop from CRA's 1/09.

    I'd like to get our payments lowered, but don't know if we have any options~ anyone got any suggestions? Thanks.