Hopeforhelp

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About Hopeforhelp

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  1. Think I am being railroaded here. I show up at the courthouse this afternoon because they are requiring me to respond in court to the interrogatory. Got to Courthouse and went up to District Court clerk and she said it was cancelled. I sat down for a bit and finally saw my attorney walk by. My atty once again says that because CACV had copies of the checks -- I needed to settle. Doesn't matter about the wrong address on the statements, different dollar amounts on the credit reports, etc. -- my atty says this is all "technicalities". Also, my atty had to know the pretrial was cancelled, just wanted to get me there to talk inbetween his other cases. I don't have time to get an NACA atty because the trial is tomorrow morning at 9:00 AM. In response to the previous question -- the point with the checks is -- the check copies show a correct address -- the statement shows an invalid address -- so how could I have ever received the statement to mail the check? If I was trying to take ownership of this account, I wouldn't be in court. Appreciate any comments you have to offer as your words keep me thinking and have gotten me this far.
  2. I had a similar situation happen -- I received two different collection letters from Asset Acceptance, but on the same account with a less than $1 difference. What is best way to handle? Plus it is on my credit record twice.
  3. *bump* Immediate help needed. I hired a "local" atty. Long story short -- here's events in order since my last post (see below): - JDB atty sent questionnaire after hearing. I didn't respond (no atty yet and wasn't sure if I should respond). Court date set on 9/4 requiring me to respond. My atty said JDB may show my lack of response admits guilt. - In the meantime, my atty wanted to review court records to see if discovery was granted and also delay 9/4 date because he can't attend. - Trial set on 9/5 (next day). JDB wanted delayed because he can't attend. - Judge said "no" to rescheduling 9/4 and 9/5 court dates for either atty. So the judge and my atty called JDB for pre-trial conference. - JDB atty stated he has copies of checks that I wrote showing relationship of debt to me and faxed info to my atty. - I reviewed info -- noted address on the stmts JDB provided from OC is invalid. I'm concerned because JDB obtained 3 check copies (showing a valid former address but I did not live there at time -- hadn't updated my checks). - My atty now says it is time for a settlement. Orig debt around $1,500 (based on stmt info JDB provided from Prov/Wash Mutual). JDB wants nearly $5,000 (not including his fees), and in addition to my $1,000 retainer. Thought I would see if anyone can help me. I see there is problems in the paperwork from JDB. One document states JDB purchased and also states they are assignee. Also, they provided a stmt stub copy matching a check of mine that is not even a valid street address. I would hire another atty at this point if I could get them up to speed in time. Just wasn't expecting JDB to provide this much info (copies of my checks). Debt within SOL and according to my atty all the JDB has to do is show "relationship" with Providian. I am worried that if this one wins other JDB will. Please help me with direction.
  4. *bump* Immediate help needed. I hired a "local" atty. Long story short -- here's events in order since my last post (see below): - JDB atty sent questionnaire after hearing. I didn't respond (no atty yet and wasn't sure if I should respond). Court date set on 9/4 requiring me to respond. My atty said JDB may show my lack of response admits guilt. - In the meantime, my atty wanted to review court records to see if discovery was granted and also delay 9/4 date because he can't attend. - Trial set on 9/5 (next day). JDB wanted delayed because he can't attend. - Judge said "no" to rescheduling 9/4 and 9/5 court dates for either atty. So the judge and my atty called JDB for pre-trial conference. - JDB atty stated he has copies of checks that I wrote showing relationship of debt to me and faxed info to my atty. - I reviewed info -- noted address on the stmts JDB provided from OC is invalid. I'm concerned because JDB obtained 3 check copies (showing a valid former address but I did not live there at time -- hadn't updated my checks). - My atty now says it is time for a settlement. Orig debt around $1,500 (based on stmt info JDB provided from Prov/Wash Mutual). JDB wants nearly $5,000 (not including his fees), and in addition to my $1,000 retainer. Thought I would see if anyone can help me. I see there is problems in the paperwork from JDB. One document states JDB purchased and also states they are assignee. Also, they provided a stmt stub copy matching a check of mine that is not even a valid street address. I would hire another atty at this point if I could get them up to speed in time. Just wasn't expecting JDB to provide this much info (copies of my checks). Debt within SOL and according to my atty all the JDB has to do is show "relationship" with Providian. I am worried that if this one wins other JDB will. Please help me with direction.
  5. Yes -- I did have a Dillard's card, but since they have also sent me a settlement offer for Bank First (and I did not have this acct) -- should I still "admit" to the Dillard's account? Also, the two settlement letters for Dillard's from Asset Accep showed two different account numbers (Asset Accept Acct #'s?) and a less than $5 amount difference.
  6. I am a MI resident and received a settlement offer from Asset Accep in Warren, MI. This is not outside SOL. OC is Dillard's (when I lived in KY). Balance they say is $588.32 and Asset settlement offer is $382.41. I sent them DV letter and they responded with the following info: OC name, my name, principal amount of $520.43, interest/fees of $69.89, last four digits of my SS#, current address, and what appears to be an account number (for I don't know what). Also, they have sent me two different letters with a slightly different balance -- but it appears to be same acct. And on one letter their response to my DV is $590.32 and their original letter to me states $588.32. Shouldn't it be the same? They did not provide how they calculated what I owe or what it is for, provide any license numbers, show they can collect in my State, etc. Questions: How do I address this response they sent to my DV? Should I send this information to the CRA and tell them my questions were not answered? Should I dispute with the CRA online? Should I do anything about the balances not being the same on their own corresponce? Asset Accep has also sent me another letter regarding a Bank First account. I intend to send them the same letter requesting DV, but am guessing I will get the same type of response. Would appreciate any help on this as I am still trying to understand this process.
  7. I just happened to read this thread and thought I could offer some help. I am in a "position" that has much experience in this area. I suggest you do the following as the issue seems to be you have been charged twice and are unable to prove. Did you pay with a credit card? Direct debit to an account? I would go through your bank and "dispute" the transaction. Usually, Sprint will have 60 days from the statement billing date to respond. This way you get your bank to followup on your behalf. I also had problems with a Sprint account -- after more phone calls then I could count and trips into various Sprint stores -- I finally was provided a phone number of 1-877-541-5705. The rep on the phone said they "pride themselves in resolving the issue on the first call". Keep in mind this was to dissolve my contract -- and your issue is a billing problem. However, I boycotted using my phone to prove my point. I was successful after providing the information they requested. Good luck.
  8. I am a MI resident and received a settlement offer from Asset Accep in Warren, MI. OC is Dillard's (when I lived in KY). Balance they say is $588.32 and AA settlement offer is $382.41. I sent them DV letter and they responded with the following info: OC name, my name, principal amount of $520.43, interest/fees of $69.89, last four digits of my SS#, current address, and what appears to be an account number for I don't know what. Also, I noted the balance on their response to my DV is $590.32 and their original letter to me states $588.32. Shouldn't it be the same? They did not provide how they calculated what I owe or what it is for, provide any license numbers, show they can collect in my State, etc. Questions: How do I address this response they sent to my DV. Should I send this information to the CRA and tell them my questions were not answered. Or should I dispute with the CRA online? Not sure of my next step. Asset Accep has also sent me another letter regarding a Bank First account. I intend to send them the same letter requesting DV, but am guessing I will get the same type of response.
  9. Just got the notice of non-jury trial for 9/5 with CACV (Providian). After much reading on this site (and others) and buying the Maxed out video -- I took my arguments to the prelim hearing and the judge told me "I made some good points" (thank you for all who advised). Observations I made: - Judge didn't know much about this kind of law and recommended I get an atty. - It didn't appear atty knew laws that well as he tried to bluff through some of the items. My questions: - I am from Midland MI area (center of state) -- does anyone know a good atty in this area? I checked NACA website and found most were 1 1/2-2 hrs away. - Any additional advice direction you can give me? Debt was about $2300 and they are suing for $4700 (haven't added atty fees yet). Carolina Blue Eyes -- congrats on your win -- you have answered several of my previous posts.
  10. I am a current resident of MI last 3 yrs prev of KY; being sued by atty Sims in MI for CACV assignee of Providian. CC Debt is $4,777. Here's the chain of events: - Was sent 30-day letter; I didn't respond. - I was served summons; I issued letter to court basically denying debt. - Court set pre-trial conference for 7/18 - While waiting for 7/18 date Atty sent me following info: - General copy of MstrCard and Visa contract (not signed by me) - Copy of stmt with my name and an old address - Affidavit notarized and signed by agent for Providian stating debt owed - Bill of Sale signed by Senior VP "sell, assign and transfer" to Purchaser - A document with paragraphs including Gen Allegations, Count I Acct Stated, Count II Breach of Cont, Count III Money had and rec'd and/or Money Paid, Conditions precedent, Atty's Fees. The SOL in MI is 6 yrs for open acct. Based on what I have read on this site this has not been exceeded as it appears my DOLA is Oct 2002. Would appreciate any help as the court date is in 4 days and I don't know how to handle this court appearance.
  11. Look at the top of the page under "Statute of Limitations" for your State.
  12. I did not request a DV prior to this and here's the situation; : Rec'd Sum&Comp from CACV on acct w/Providian and have 21 days to respond. 1. Since I previously lived in KY and now in MI doesn't MI SOL apply? Atty for Plaintiff (CACV) is located in MI. 2. If yes to #1 how what date do I work from? Am I looking for the last date a pymt was made? Any tips on how to find or what is the date called that I am looking for? 3. S&C states an "Exhibit A" is attached which shows the "said contract was for credit card usage" -- there is no attachment. Anything I can do with this? 4. Header of S&C states Plaintiff: CACV as "Assignee of Providian" and in the body it states "....Plaintiff is holder of said accts, purchasing same and entitled to all rights as owner thereof" -- isn't this incorrect because they can't be assign and purch? Would appreciate your assistance. I have been reading all I can and am still unsure of the answers.
  13. Thank you for asking this question. I appreciate the personal time everyone spends on this website answering questions, but I too find it all confusing. I saw the flow chart on debit validation -- maybe something like that for suing? When there are thousands of postings, it is difficult for us newbies to find answers. For those of us who have little or no experience with the judicial system, it is all overwhelming. Thanks to everyone.
  14. Received a collection letter for a debt that may have exceeded the SOL. Here are my questions: - I pulled the EX CR -- since I have 2 Providian Accts, it is difficult to tell which acct this collection is for -- any suggestions? The dollars amounts do not match. - I cannot tell what the last pymt date is -- isn't this the date I use to determine SOL? Any suggestions on how to find this? -The CR shows "collection as of Dec 06 to Feb 07, Sep 06, Nov 05" -- what does this mean?