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gac689

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gac689 last won the day on August 29 2008

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  1. Thanks folks, Ill let you know my progress
  2. Good morning to all! : ) waiting for some snow here, but to the point, I just got served a summons from LVNV Funding through the scumbag law firm Faloni and LaRusso and Im ready to conquer the dragon! Of course they never responded to my 3 requests for validation ( and continued to try and collect...stupid morons...) then when I didn't respond to their requests to settle ( they are claiming approx $8,000 on a charged off account over 3 years old according to their letters...)they proceeded to bring suit. I of course will answer the summons, ( and file with the court the day before the due date along with a request for Discovery from them...hehehe no easy default here!! ) I just have a question. In my Discovery can I ask them to show the amount that LVNV funding actually paid for the account?? I know they won't provide it, but can I ask?? Also is that amount / transaction a mattter of public record? Is there ANY possible way to find out how much LVNV actually paid?? This way they can't claim "injury by non payment of a debt owed to them" so to speak for an amount greater than they actually paid... anyone have any experience with this?? Thanks all!
  3. Hey Folks, Listen I have a question. If you put it in writing, can you ask an OC to cease calling you at work. Are they required by law to do so?? I know the collection laws usually only apply to CA's but Chase keeps calling my work phone which is not allowed. I am currently negotiating a settlement with them, but only with written corespondance. Just curious if they have to stop if I request it through a certified RR letter. Thanks
  4. OK HIBlues, time to get off your hi horse and stop being an a$$....Promising to pay the original amount due is exactly what I offered, I will not pay the ridiculous aditional fees they tack on and outragous finance charges. When you've lost a job and your house then maybe you could feel high and mighty telling others how glorious you are in paying all your bills. Until then shut up if you have nothing helpful to add, you don't know a particular situation so don't make snide comments. My issues have nothing to do with uneeded harassment of my mother who , by the way, just lost my father to cancer a month ago, you a$$, so be quiet, sit down and let those of us on this board who are here to help each other continue with their work. Chase knows full well how to contact me and where I am, I have been open and in contact with them from the first day. They are doing this simply because they think they can and that is intolerable to a decent human being and should be to you. Shame on you.... BTW the AG of my state immediately contacted my mother and is interceding on her behalf. NJ doesn't take kindly to creditors harassing anyone, whether they owe money or not, maybe you should take a lesson.....harrassment is NEVER justified.
  5. OK hello to all hope everyone's summer is going well. Just a questions to those in the know. I have an account with Chase, last payment in Jan which is currently in negotiation for a settlement ( no, they have not agreed to a final amount yet, but the offers have been going back an forth....) They of course have all of my current contact information my address phone number email etc. Just recently, they have begun harassing my mom. They have told her its regarding a financial matter. She has clearly told them only that no one by my name lives at that address period. She has also said they are not to call her again or she will contact the AG for our state...NJ. Ten min after she said that they called again.I have not lived there for over 18 years. Does she have any recourse with a C&D letter? I know this is an OC but they cant be allowed to harass a third party ?? Thanks for any assistance.
  6. Thank u for the response I actually did DV the CA....twice with no response from them. Did you mean DV WAMU??? I thought u didn't do that with the OC, thats why I called to try and work out a settlement but they didn't want anything from me. I just don't get Y, if they charged off the account am I still getting statements.
  7. OK Im confused, Ive called WaMu three times to find out whether my account is still with them or has been charged off. I have received letters from Phillips and Abrahmson ( who I DV'd and got no response)). When I call WaMu they claim to not even have the account number available anymore and keep referrring me to the CA, but I just got another monthly statement from them and it shows in increase in the balance due to late fees and such. So who is pulling my leg. I am willing to settle with the OC (They don't seem interested, as they "no longer can pull up the account", I WILL NOT talk to the CA, I will DV and see what happens. What does anyone think?? I have not paid on the account for over 150 days ( only bad account, was able to save the others , even through a foreclosure...).
  8. I had originally C&D 'd them on 2/12/08 with specific instructions not to contact any third party in any way or myself by phone. I left clear and explicit contact information for myself which they signed for. I would welcome a summons as I have clearly tried to communicate with them and they have reefused to do so in a reasonable manner and now are calling my mother who just lost my father last week, identifying themselves as calling from Philips and Cohen. He was careful not to explain why he was calling, but they have no reason to contact any third party concerning this debt, I will gladly show any court that I have not refused to pay, I have simply asked for their proof that the debt is mine and that they have the right to collect. If they do so, then the next communication will be to arrange a settlement offer that I think is fair and not usury in nature. WamU has sold this debt and wants nothing more to do with it.
  9. Thaks everyone, yeah I'll write up a little C&D letter for her and another one for myself. I checked with WamU three times yesterday and they don't even have my account information anymore as the debt was actually sold to Philips and Cohen for pennies on the dollar I assume. As today is the 30 day and P&C hav not yet validated the debt ( they signed for my certified request on 2/12/08) I imagine this will go nowhere or they may be very willling to settle, we'll see. Its funny I sent a settlement offer to WamU before it was sold and never got a response....guess no one wants my money.....
  10. Hey all, ok I think I wanna eat some CA guts today!! My mom got a call from Timothy Williams asking for my contact information, he said he was from Philips and Cohen but of course refused to tell her why he was calling. He asked her for my number and asked to leave a message. My question is this, I do not live with her, and I have already sent a DV letter along with a cease and desist, to which I have not recieved a response.(it was sent well within the 30 day allowance). I had specifically stated that I needed 30 days from the receipt of their response, but I have not heard a thing. They have all of the contact information they need, as they were calling me directly before my DV and also have my correct address. Have they violated any laws by contacting my mother fishing for info. I know they received the letter cause I sent it certified....can I go after them....pleeeaaaassseee...lol
  11. Well ok Ill just wait and see then. My address hasn't changed in many years so I would hope so. Its funny I had just started the process of validating the first CA who got this debt and obviously they didn't want to deal so now these goons want it...
  12. Hello to all my board friends, just a quick question. Foreclosure is complete and I was able to avoid bankrupcy, now comes the task of making things right again. I just received a phone call from Phillips and Cohen ( I know it was them because I reversed the trace) they did not leave a message, but I now have a record that they actually placed a call to me. As I said, they said nothing and I do not know who they are representing ( I have a feeling is WAMu , but will wait and see...) Is there actually a law that states they MUST notify me of an attempt to collect a debt in writing within three business days of any initial contact?? If so, the clock is now ticking and I look forward to making their lives miserable with my DV along with all the other methods I have learned here. Thanks again for any input.
  13. Ok heres the deal. Im currently dealing with a possible foreclosure situation and whether to declaire BK or not to prevent this. As such I have an outstanding debt with Wamu for about $7400 which was sent to IC systems for collection. I DV'd IC and now I'm getting calls again from the OC which is WaMu. Should I now take a call from Wamu and tell them of my possible move to BK where they will get nothing and maybe work out a settlement with me? (in writing , ofcourse). Or should I just wait for a response from IC systems..I simply cannot afford 7400 at this time (actual debt is 5000 but they added all kinds of late fees and penalties). No absolving myself of responsibility, just trying to wrk out a deal...thanks all
  14. gac689

    Forclosure!!

    Thanks for the responses, but one thing Bob. No Im not one of those people that puts their head in the sand at the sign of trouble and ignores bills and notices from banks. On the contrary, I contacted Chase first when I knew I was in trouble and have kept impeccable records of every letter, phone conversation, fax or email concerning the mortgage. I know every person at the homeowners assistance office at Chase and also have about 10 names at the collection department. That is the crux of the problem, I have been in contact with them from day one, but Chase did not follow what appears to be due process, as there is no record of a judgement filed , no letter from a sherriff, nothing. Both my attorney and the co-op attorney have had no luck with getting answers from the Chase council, so no I was fully aware that the foreclosure process had started ( which was why I was in loss mitigation, mind you), but to have someone at the Chase office tell my loss mitigator that the loan had been sold to Fannie Mae and the forclosure was done doesnt make any sense. It is interesting to note that since the attorneys have become involved, that realtor has beaten a hasty retreat...
  15. gac689

    Forclosure!!

    Hey to all my friends on this wonderful site! Well heres the gist of my tale, got begind on my mortgage paymets, contacted Chase immediatley , was told I didnt qualify for a forebearance, didnt qualify for loan modification because it was too new. This process took three months after which they would accept no less than 3 months payments ...get ready folks ..my payments are $1,849.00/month(yeah, I'm in Jersey) . I explained that I could may a partial payment and then the rest...no go, they basically said oh well, youll be sent to forclosure. I then contacted a legit intermediary for loss mitigation and perhaps some sort of workout. Last Sat I come home to find a note from a realtor saying to contact him, hes been assigned the sale of the home and he needs to change the lock!!! What!!?? Needless to say panic set in, I called my attorney, the co-op attorney(its a co-op) and my advisor, all of whom knew nothing of a judgement or sale date. The advisor contacted Chase and inquired as to why they hadnt informed anyone of the sale date even though we were trying to negotiate and they simply said, talk to legal... So here I am now with an apparent judgemtn against me and the house up for sale. My two lawers already entered a cease and desist to stop any sale as it really is a proprietary lease of shares and not actual real estate...the bank has no actual right to the physical land or house( thank god!). To all who have gone through forclosure..what am I in for financially, if I show the court that I was actively trying for a work out, can they force Chase to cover the court costs as they chose to go forward without notice?? Any advice or help would be appreciated...
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