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Everything posted by smartblond

  1. A while back I wrote and mentioned that MBNA/Scott Lowery called with some artibration threats and tried to send me a certified in the mail (at christmas and I was gone).. I , to this day have nothing.. I had a local lawyer contact him , they said they would be back in touch.. never were and my laywer (400.00 later!) dropped the case.. I am currently working with someone to get this straight (hope I can settle before he serves papers).. HERE IS THE MAIN PROBLEM I pulled my CR every few months .. in FEB 2006 they had the "last payment" as July of 2003.. I pulled it again June 1, 2006 , the last payment had been changed to Feb 2004 (yet the date of last activity is still july of 2003) The account was for 15K ,although my lawyer at the time told me lowery was asking 28K. (??) NOW here is the thing I dont get.. I pulled it again tonight.. I notice it now has the bank of america (not the MBNA header) and it never gives the balance just o.. I l know BofA bought MBNA but why not transfer the amount?
  2. thanks.. the reason I asked is because I have read on several posts that people have sent DV letters and then ended up with a summons... I would like to avoid that tactic.. since it seems to be the popular one these days As far as keeping it all in writing , I do just that.. I never get on the phone.. EVER with CA's
  3. not sure what you mean.. the on the SOL Issue.. the last payment on the account (it was closed by then ) was 11/2002... you said you always respond.. did that ever backfire on you??
  4. good to know.. that would be pretty hard since I have lived in the same house for 11 years... so no tolling I did have ONE judge think it was 10 years in our state (that is for contract under seal not an open or written contract , which are both three years here in NC).. scares me that a JUDGE didnt know that!!!
  5. Aussie.. check your private messages
  6. got it.. but if a debt is SOL they cant' win a case can they?
  7. I am confused if he a collector or on the debtors side.. I am totally confused which pond he is fishing in.. what do you know about him these calls are a riot.. but it looks like he trains collectors too.. I would love to get him to help with one of my accounts!
  8. I recieved a letter from a local collector/firm today for an old bill for Shell Oil 713.00 (dont think its worth sueing over but you can never tell) It was a dunning letter which is at least six months over the SOL so do I send a DV anyway? Skip the DV and send the form letter on the site informing the I dispute the debt and its out of SOL (I understand sometimes if you send a DV they just go to sue and frankly I dont want to time from work to go to court) or just ignore them.. which choice is best and why
  9. I saw a post earlier where someone mentioned in some states a collector can try to collect after the SOL it is legal... did I misunderstand that?? How do I know which states its legal and where its not.. this is new info to me.. thanks Does that mean only calls and letters.. but they still can't sue after that.. or can they? Thanks
  10. My SOL on the debts I didn't settle or pay is up in about four months.. I have noticed a rapid pace on letters/notes from collectors..would this have anything to do with it?? Also are they more likely to sue.. I have had two suits I have settled.. two that are being watched (including an arbitration_) and the rest of my creditors I was able to work with and am making payments... There are a few more out here.. but now I wonder if they are going to file.. since it seems the more I read this board the more I see.. it just seems to be increasing.. my last letter was Portfolio recovery.. they want to settle... any advice? or do I wait it out
  11. I hope you can help me I am seriously confused.. I have accounts that are past due.. however I notice on some of them the date of last activity and date of last payment is wrong.. I am disputing that What date does the SOL kick in I would think it would be last date of payment (no activites were on any of my cards after that) and if an CA purchases the debt.. they start the clock sometimes a year later.. so does it fall off a year later as well?? And don't they have to proove the last payment was made. I am sorry this is confusing. I have a card that the last payment was 9-03... the SOL in my state is 3 years... the credit reporting agency (experien.. says last activity in 12-2004 (NOT possible ) but my equifax has it right.. at 9-03.. however the collection agency that bought it now claims the account was "opened in 2005).. so can they keep it on my report an extra few years since they have it now... (in short is it the CA also reported seven years from the date They listed it?? if thats the case how does it ever get removed?? HELP.. thanks!
  12. you would be hard pressed to get a loan but if you do end up with some sort of money to do it. .. if they sue and get a judgement yes they can place a lien on the property
  13. can you elborate.. I clicked your link but it was your personal blog and I have no idea where to find that info if its there.. so some help on it would be appreciated.. who was the plaintiff.. amount, state you are in (I assume VA but not sure if that was the case at the time) and bascially what happened.. did they do it more then once until it was paid.. were they willing to work out a payment plan first... etc.. .. thanks
  14. thanks again LadyInRed.. I dont know what I would do without your information.. and you are right on the money (no pun intended) as usual.. the sherffs dept told me it depends on the bank but my bank after nine people and the right dept said exactly what you did... joint or not the money is fair game.. I appreicate we dont have garnishment in my state (NC)but then whats the point if they can drain the bank accounts anytime they like.. that makes me even more nervous..
  15. anyone have any experience with a bank account being frozen or siezed after an arbitration judgement? Thanks
  16. I can bet the lawyer is Scott Lowery.. oh he is big on interest and fees.. I have one for 15,000 which now he claims I owe over 28,000 on... I am having issues with thim as well... and they wont settle we have tried
  17. First of all check with your dept of insurance.. they may be licensed in VA and not on the list yet.. I had an issue with them in NC and we (my lawyer and I) thought they were not licensed either.. turns out they were.. also fighting them is a total uphill battle.. the best thing you can do is dispute the charges on your CR... I did and experian did drop them.. you can sue and if you do let me know how it goes.. but my case with them (and they had false documents) took over a year with an experienced lawyer.. it just depends on how much time /money and headache you really want to put into this.
  18. Not sure what state you are in but here in NC they dont have to be licensed to collect if they are attorneys collecing the debt only the collection company has to be licensed.. also check with your dept of insurance or attorney generals office on this as well.. they can tell you what applies where you live.
  19. In my state if you have a judgement against someone (I am in NC) you can not put a lien on the house if a spouse or other person is on the deed (for example a judgement against me can not affect my home since my ex-to-be is still on the deed).. I was wondering what about joint bank accounts.. if the judgement is only mine can they touch a bank account that is joint or just in his name only. or if the account is just a single account even though you are legally married (for example can they get into my ex-to bes account if the judgement is in my name only).. we still have a joint and each have a single while things are being divided.. can anyone shed light on this.. thanks! But I am worried about the joint account thanks! I have looked at every resource I have and can't find this info..
  20. DocDon Thanks. I was very frustrated after talking to the AG office in NY.. they told me since he is a lawyer they do not take complaints regarding lawyers/collectors and it had to go to the state supreme court.. when I spoke to them they acted like it was inconvenient.. no wonder people rarely report this type of behavior.. so that link helped. I appreciate it
  21. thanks.. I am going to call the attorney general today.. and I am with you.. why am I calling some guy in PA when they have an office 30 minutes from me.. made no sense to me either....
  22. ah I didnt know that about the firm since they mention the PA office.. so thank you for that. they just started with the "litigation" threat today, after the DV was requested.. so thanks .. what he said was "we need to take care of this before it goes to litigation" the first time.. the second call (also today) was this will go to our litigation department if we dont hear from you.. then they gave me a bogus civil case number for when I call back (NOT going to happen_) boy they really didnt like that we requested a DV..
  23. since they are lawyers though.. and if then intend to sue.. how do I know if they are going to..and if they intend too.. then would it be illegal for them to say that??... he may mean it.. the guy that calls is NOT a lawyer. but he works for the firm... I just wonder if they are going to sue... then why would it be illegal for them to say that... Oh I am confused about why I would report them to the NY attorney general since I live in NC.. something I need to know?
  24. This may sound like a clueless question but.. I have two consent judgements I am starting payments on (one this month the other in June) I thought it might be wise to open a new checking account in another bank to pay these .. since my primary account is information I dont think anyone needs and I have automatic payments that come out of it.. (mortgage.. etc).. Is this a good idea or does it even matter.. I have no intention of NOT making the payments but since one is to a CA and the other a lawyer I am wondering if this move might be in my best interest.. what do you all think? This account will ONLY be used for those payments.. nothing else so there will be only those funds in it.
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