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Everything posted by txsquirrel

  1. They only sent me photocopies of three invoices from the OC, so I'm considering that they are probably legit. Their numbers they claim I own and the numbers on the invoices they sent me are different so I wrote them to get them to explain their math before any discussion on the account will occur. Yes I did talk to them on the phone, only because they called and I answered. I cut the convo short and didn't stay too long on the phone with them. They called the day after I received my "validation" and mentioned possibly sending it to an attorney. I honestly don't think they would have called me if I didn't dispute. The SOL is up in Jan and I wasn't thinking when I sent it.
  2. I'm still new at this, but I think I made a mistake by disputing an account I really didn't know anything about. Turns out it was with Midland and still within SOL. I think my verification request rattled their cage and its looking like I'm going to have to settle with them. I hadn't heard anything from them since January and even then it was a letter and now their talking lawyers. (At least the amount isn't too high). So I would definately get on the "be careful with who you dispute" band wagon.
  3. I recently signed up to truecredit credit watch and was informed in an email that "When you have a dispute pending, we recommend that you not apply for credit, as the results of the investigation may affect a new credit decision" Is this correct? Do they mean in a positive or negative way?
  4. This is from a charge off account. They will still discuss it? I guess we can only try. THanks
  5. Sorry if this has been asked. If I want to remove myself as auth user from someone elses account, what is the best route? DIspute account with bureau or calling OC and asking them to remove your name.
  6. Does anyone have any experience with a suspended Disc. account. A couple of years ago I fell behind in my discover account. The collection dept put me on a program that lowered my interest rate and payments for a period of time until the account was under the credit limit and back to good standing. This program ended last July and since then I have been able to get the balance about 1000 under the limit. I checked my balance on the website and see that it is in suspension. I called the Rep and she was little to no help. She gave me a long distance # to call, but didn't know what it took to remove the block. Is this something they are doing to the account so after it is paid off they will just close the account or do they typically run a credit check to reopen the account. I just found it wierd that the girl didn't know what they could do the remove it.
  7. I haven't read anything that would make me think that they wouldn't sue here. The majority of things about them lets you know that they are hard to deal with. I only wish that I was anywhere near my SOL, but theres no way to drag this out until Jan. I just got a letter that they are "considering" sending the account to an attorney. All I can do is wait until the reply to the letter I just sent and make a settlement offer if their numbers pan out. Better now than later through the attorney. lincognocity, who or where was the attorney based that served you? If you don't mind me asking.
  8. Thanks all. I've sent off another letter to ask them to explain their math. I'll keep watching them and if it looks like it is sent to an attorney or court, I plan to try to settle. This account has been everywhere, with as many as 4 agencies and if I do pay them, it better be the right place. Its not much considering others here. I do know the importance of showing up to court, so they won't get me on that angle. I guess you think you've gotten over the jitters when dealing with these people until you get another on your trail. My experience is that they either count on the fact that you won't show up, won't get an attorney, or if you represent yourself, just screw up some of the filings and they win. Thanks for the help!
  9. Does Midland handle any lawsuit or is it passed down to another agency who will contact me? I was thinking in the realm of collection attorney? Or does a summons typically just show up?
  10. I didn't doubt that she was serious. I suppose they are all serious at one point. And I've gone the court route with little success so I don't want that option. But I don't want to roll over and give them (or settle with them) the amount they are asking for. The totat is several hundred dollars more than my records. I've already have a letter with a request to settle that I'm holding 'til later. I just want them to explain their numbers. Is writing back the way to go or should I just discuss this over the phone (which I thought was a big no no.)? I figure I have a little time. Not enough to stretch it until Jan 2008, but isn't the attorney just another collection agency? Don't they usually send the letters, phone calls etc. I would think that I would have to also get validation from them also-anyway guess I'll just wait.
  11. Hi all. I have recently been in the process of trying to clean up some of my credit. One of the TLs on my report was from Midland Credit MGMT. I honestly didn't know what they were collecting for and their account number listed was different from any of my old accounts. Any way, I sent them a validation letter as well as disputing with the Credit Bureaus. Last week I received a letter from Midland and what looks to be faxed photocopies of statements from Texaco. Three months worth. They didn't include anything else. I know that to some this could be sufficient validation. The main thing they neglected to include is explaination of the total that they are collecting for. The amount they are asking for is different from the statements they sent me and different from any of the other collectors that have tried to collect for the same account. Anyway, tonight I received a call from them. I did request that they only communicate through mail, but I guess that they missed that part of the letter. The representative claimed the ususal request to allow me to take care of the account voluntarily or the account is going to be sent to a local attorney. I tried not to discuss any with her, only stating that I didn't get all the validation I requested and that I only felt comfortable dealing with this in writing. If she didn't mention attorneys, I would have just hung up, but the SOL is up on this next Jan. and I don't doubt that she was serious. She ended the conversation with saying that she would check with the account manager about my request. After hanging up with her, I got a letter ready to send them letting them know that they had a little more to do in the validation process. That I wanted to know where they got the total and proof that they had authority to represent this account. It's going out certified tomorrow. Am I handling this the correct way? I've been reading this site and shouldn't even have to ask this, but sometimes alittle reinforcement helps. Is Midland sue happy? I don't put it past them, but could this just be a threat to get me to pay up? The amount they claim I owe is 1050.00. Not much, but I've seen collectors go to court for that much before. I just want to cover myself in case it does come to that. Thanks
  12. I sent a Goodwill letter to them and my 3 lates were removed, but Ive read that some have had a difficult time with them.
  13. I don't think legally they can get your bank account without the judgment. Answer the summons and make sure you read everything. Did they include admissions with this. If so do a search and answer that also. I saw that you had another post in the legal area of this board. They probably can help you out better. Just make sure that you answer in time and deny everything. Then you can try to contact them to see if a settlement is possible. Just get the answer in or they will have a default judgment and you have to pay the legal fees etc. basically anything they want.
  14. Research the site. After served you will have to file an answer with the court and send a copy to the ones suing you. There is a specific time period to do this. TCRP is the Texas Rules for Civil Procedure. http://http://www.supreme.courts.state.tx.us/rules/. Start here and read, read, read. I wouldn't talk to them until you actually have a citation in hand. They could be pulling your leg. A summary judgement is what will happen if you don't file an answer or anything else correctly. The Plaintiff basically asks the Judge to give them the verdict with out the trial. If you don't file an answer they will claim that you have no defence so they should be awarded judgement. You don't dv after being served. After you answer the summons you are in discovery. I think until 21 days before trial, but I may be wrong. You'll have to check the rules. Basically you have the right to request anything they may have on your account. Statements etc... From what I've read, you admit nothing. Doesn't matter what. It's their job to prove that you owe them. I am just throwing my opinion. I may be totally off, but check it out yourself. I've found everything on this site. If you look you'll find examples of suggestions for answering a summons and everything else you'll need. This site is great for that. They won't do your work for you, but everyone here can try to point you in the right direction. I would check with the court to see about the docket# or wait for the summons before doing anything else. This will give you time to research. Fortunately you are in Texas. There is no garnishment, they can't seize your property or arrest you. If you have your house under the homestead exemption it will even be protected from leins. The only thing they can do here is take your checking and savings and mess with your credit rating. I wouldn't talk to the CA at all. Save all letters and if possible record any phone calls. Its okay to do that here. Oh yeah. Has this account hit the SOL. How old is it. If it is four years or older they can't sue you for it. Four years from the last missed payment's due date. If anything I've said is not correct, please let me know.
  15. I lost a suit against me in the Justice court because I didn't get everything I filed (answer, request for documents, etc.) notarized. Everything was there and they had nothing, but because I didn't have that stamp they won and got the summary judgment. Thats why I said to read and re read the TRCP. It was in there, I just didn't catch it. If you can settle, then do it. You won't know what that will take until they talk to you. I can't suggest anything because I'm no expert by far, but if you think there's no way around them getting the judgment, then try to do what you can to settle. What I am sure of is that they probably won't want to wait for payment. It took alot of convincing to get them to split up my payment in two. I just noticed that you said that you have not been served. How do you know if your being sued? If not, then I would think you would need to follow the validation process. In Texas you can request validation any time and they should conply.
  16. just don't let them get you on a technicality. (Sorry hit enter too soon:oops: ) Good Luck.
  17. It was my first confrontation with a summons. I was served by the constable. The suit was for about 2500 and I settled for almost that same amount. They did let me split the payments in two. Not much to say about my negotiating skills, huh. Things would have been done differently today. If you already have a suit with them I'd suggest definately filing everything needed with the court. Follow the Tx Rules of Civil Procedure to the letter. And if necessary, settle. But
  18. Last year I got a summons from Hudson out of the Dallas area representing Discover. It was the first lawsuit I've had and was I very new to the procedure. I answered the summons then they immediately called me and tried to settle. I wish I knew more about discovery etc., but they were very intimidating and I settled with them for what I'm sure was more that I should have. I learned alot from that experience and from this site. I guess considering what they are, they were easy to work with. But I bet they are all easy when your giving them your money.
  19. Is this the same for an account which is in Charge off status. You contact the original creditor?
  20. Because of all that I've learned from this site, I pay much more attention to the "small" print on Credit applications. I have noticed that they all have added arbitration clauses. None of my older cards have this. Is this something that all creditors include now. With all of the abuse with these clauses is there any way around them?
  21. Yeah I've heard of that GE. I just didn't know what they would have to do with my past credit. I'll see if the validation pans out. Thanks.
  22. DH just received a collection letter from NCO who is collecting for LVNV Funding which was previously owned by GE Capital? Sounds confusing? I have never heard of GE Capital and was curious if they are a collection agency or another name for an OC. We once had an account through Lowes which was also GE money bank. Maybe they are the same. Of coarse we're DVing. I was just curious if there is any input. The search didn't seem to help much. Thanks.
  23. Good Question. I was wondering the same thing.
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