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sj145

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Everything posted by sj145

  1. I have had trouble with getting my report from equifax also. I think they really want to give you a hard time for a free one. I think they make you go through all that BS so you can get discourage and give up and pay them for it.
  2. Please keep us posted as to what happens in your case.
  3. HERE COMES NOW Defendant Pro Se, requests Plaintiff, Them to produce the following documents for inspection and copying at the Defendant’s address, as cited within thirty (30) days or as parties may mutually agree. DEFINITIONS The following definitions are to be used in responding to the following interrogatories: a. “Plaintiff,” means , Them or any agent, employee, officer, director, or any other person acting on its behalf. b. “Defendant” means, ME an individual. c. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports. d. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant. DOCUMENTS TO BE PRODUCED 1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence. 2. The alleged credit application from Account Numbers XXXX-XXXX-XXXX-xxxx bearing the defendant’s signature; 3. The alleged credit agreement from Account Numbers XXXX-XXXX-XXXX-xxxx that states interest rate, grace period, terms of repayment, et cetera; 4. Itemized statements or credit card statements from Account Numbers XXXX-XXXX-XXXX-xxxx that demonstrate how the alleged amount of $2000.00 was calculated; 5. A contract, agreement, assignment, or other means demonstrating that APPLIED BANK had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number XXXX-XXXX-XXXX-xxxx; 6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally; 7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers XXXX-XXXX-XXXX-xxxx; 8. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt; 9. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s); 10. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s); 11. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant; 12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers XXXX-XXXX-XXXX-xxxx.
  4. why would you leave this part off? "Defendant demands strict proof thereof".
  5. I wanted to show my answer and get your opinion on how it looks. My original thread is here. That is where you will also find the complaint. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299726 Any suggestion is very much appreciated. DEFENDANT’S ANSWER 1. In response to Count 1, paragraph # 1, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2. In response to Count 1, paragraph # 2, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 3. In response to Count 1, paragraph # 3, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 4. In response to Count 1, paragraph # 4, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 5. In response to Count 1, paragraph # 5, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 6. In response to Count 2, paragraph # 6, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 7. In response to Count 2, paragraph # 7, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 8. In response to Count 2, paragraph # 8, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 9. In response to Count 2, paragraph # 9, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. AS AND FOR AFFIRMATIVE DEFENSES I. As and for a First Defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff’s Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted and request this court to dismiss the Plaintiff’s motion. II. As and for a Second Defense Plaintiff’s Complaint violates the Ohio Revised Code as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person and request this court to dismiss Plaintiff’s motion. III. As and for a Third Defense, Defendant alleges that Plaintiff’s actions are precluded, whereas Plaintiff’s demands for interest are usurious and violate state and federal laws. Defendant reserves the right to amend, and/or add additional Answers, Defenses and/or Counterclaims after completion of discovery.
  6. In Ohio The SOL is 15 years. I just need some pointers on answering the Summons. Where can I get some good info for this? That is my main problem. I feel that I can defend myself but I will admit I am a little ignorant of court procedures.
  7. All I need is to be pointed in the right direction so that I can answer this. Where can I find a up to date Ohio civil procedure file? What do you guys suggest for my defense, Is there something out there to help me word discovery properly? I am not as smart as most of you guys with legal stuff but I am a hard working if you can just point me in the right direction I can take it from there, thank you.
  8. I Recently got served a summons and was looking for some help on answering it back. Here it is below with appropriate information. 1. Who is suing you? (I am being sued by applied bank. There attorney is Javitch, Block and Rathbone LLP) 2. For how much? ($1200) 3. Who is the original creditor? (Applied Bank FKA Applied Card Bank) 4. How do you know you are being sued? (I received this Summons) 5. How were you served? Were you served? (Funny thing they just sent it through the mail no delivery conformation or signed signature) 6. What was your correspondence (if any) with the people suing you before you think you were being sued? ( I did get the entry deleted from my credit report) 7. Where do you live? (Ohio) 8. When is the last time you paid on this account? ( No idea, I would say more than 5 year ago but less than 15 years) 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). ( I am thinking they are just waiting for my response) 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) (I only disputed it with the credit bureaus) 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. (no, I do not recall but most likely not) 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? (Yes it does require a response) 1. Defendant(s) are cardholders of credit card account number XXX XXXXX, and Plaintiff as the card issuer on said account, extended open end credit to Defendant 2. Defendant(s) used the credit card at various times, and thereby requested Plaintiff loan, advance, and/or pay out various sums of money for the use and benefit of the Defendant(s), at Defendant’s(‘) request, which Plaintiff did, to its detriment. 3. Defendant(s) promised to repay all such sums loaned, advanced and/or paid out; Plaintiff made demand on defendant(s) for the repayment of the sum outstanding, but defendant(s) defaulted on this repayment obligation. 4. There is presently due the Plaintiff from the Defendant(s) for the money loaned/ money paid out on defendant’s credit card, the sum of $1,200 5. The account records are not attached hereto because, upon information and belief: (a) copies were sent monthly to the Defendant(s), and are or were in Defendant’s (‘) possession, custody or control; and ( said account records may be voluminous. 6. Plaintiff incorporates by reference herein, each allegation set forth above. 7. Defendant knowingly retained the benefits derived from the use of the credit card account, without having repaid the balance outstanding on the credit card account. 8. Retention of the benefits conferred upon the Defendant(s) under these circumstances would be unjust without requiring the Defendant(s) to make payment for the same. 9. Defendant(s) has/ have been unjustly enriched in the amount of $1200 as Defendant(s) knew or should have known that the credit was not being provided gratuitously. WHEREFORE, Plaintiff prays for judgment against Defendant(s) in the amount of $1,200 with statutory interest from the date of judgment, courts of this action, and such other and further relief as the Court deems just and proper under the circumstances Here is an example of what the summons/complaint may look like: http://www.creditinfocenter.com/lega...een-sued.shtml 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? (They sent no evidence with it) 14. What is the SOL on the debt? To find out: (I do not know)
  9. I am trying to get a collection company (UCB) to do a pay for delete. I am talking to them over the phone and for now they are saying that they will not do this. Are there any techniques that I can used for leverage in this argument. My goal is to get this off my credit report.
  10. I have a collection that is on my credit report. I disputed it with the big 3 now I am going to MOV it. I was wondering how can I talk to a rep when I call the big 3. Does anyone have a phone # for a live person
  11. Not to long ago I found a great thread on how to settle your debts by actually calling the debt collector. He gave step by step advice. I lost the Thread and hoping someone could point me to it.
  12. You will not always get a free credit report because you disputed. In fact the Big 3 will most of the time just send you a credit report of just the things that you have disputed. If you want your credit report it is simple to get. All you have to do is just call the big 3 and say that you got refused for credit and they will most likely send you a complete report. I hope that this helps
  13. Should I send it as a letter or should I just call them and ask for the information?
  14. On November 29, 2008 I sent out a debt validation to a collection agency through certified mail. I waited until December 6, 2008 and sent a dispute with the big 3. Basically I was using the one two punch to get the stuff removed off of my report. Now comes January and I received a letter from Equifax stating that the item I disputed with them has been verified. What I want to know is this how can I get the details of how and who verified this debt with? If anybody can point me to the right direction that would be greatly appreciated.
  15. I have had this happen to me with several of the big 3. they don't always send the whole report just the disputed items. What I do is file the partial report for my records. If I need a whole report what I do is just call them and tell them that I got denied for credit. They will send you a whole report in the mail. Also for me I dispute them with a certified letter. I think this is better because it leaves a paper trail just in case. Hope that helps
  16. I think in this situation you might want to contact your bank and get as much detail as possible. From there I would contact the collector and try to get some details from them also. But remember when doing so keep a cool head and do not let your emotion take control of the situation. Once I gathered the information what I would do is ask more question on the forum and possible get an attorney if it is worth pursuing
  17. Ok I have one more question for you. I am just trying to get the collection removed from the big 3 so after I sent them a DV I sent a letter to the bureaus. From my understanding they are not allowed to respond when the bureaus contact them. Am I right with this
  18. do you still have the paper work for the first settlement. Meaning like a letter stating that they will take that payment as full payment. Also send them a letter requesting validation. Make sure you get it certified or return receipt. Also take a look at this information here. It might help you out. http://www.creditinfocenter.com/rebuild/debt_validation.shtml
  19. On November 29, 2008. I sent Credit Collection Service a debt validation letter.Now the debt that they claim is for a Progressive Insurance acct. They claim that I owe $362.31 for this acct. Here is the letter as follows Credit Collection Service PO Box 9134 Needham, Ma 02494-9134 November 29, 2008 Re: Acct To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: · What the money you say I owe is for; · Explain and show me how you calculated what you say I owe; · Provide me with copies of any papers that show I agreed to pay what you say I owe; · Provide a verification or copy of any judgment if applicable; · Identify the original creditor; · Prove the Statute of Limitations has not expired on this account · Show me that you are licensed to collect in my state · Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: · Violation of the Fair Credit Reporting Act · Violation of the Fair Debt Collection Practices Act · Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards So about a week later I send a letter to the big 3 disputing the acct. Around the same time I get a letter back from Credit Collection Services that states the following: We are in receipt of your recent correspondence concerning the account listed above. Under the FCRA, section 623a (15 usc 1681s-2), we are unable to investigate your dispute by reason of your failure to provide sufficient information to investigate the disputed information. In order for us to take further action, we must have from you the information required under 623(a)(8)(D). Specifically, identify the specific information that is being disputed, explain the basis for the dispute and include all supporting documentation to substantiate the basis of the dispute. Pending receipt of the information, we have advised the credit bureaus to whom we report that this account is disputed. Ok, I am at this point now so what should my next action be. They are clearly not following FDCPA and for whatever reason they seemed to try to counter me with FCRA. I want the collection item off my credit reports and I have not gotten a response from the big 3 yet. Any suggestions would help
  20. Other than the fact that is on my credit report. What I am really asking is what else can you dispute on a collection besides me sending them a letter saying that it is not mine. Can I say the balance is wrong. That it was not a credit card acct, etc.
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