• Content Count

  • Joined

  • Last visited

Everything posted by DMGacs

  1. Well I went to court and RJM ACQUISITIONS LLC was a no show. Judge stated she would contact RJM and RJM would have to have a good explanation as to why they did not appear. Judge stated I will receive a letter in a week or so from the court as to what will happen next. Should I file a motion or anything to dismiss?
  2. Thank you for the replies your comments are all appreciated. A few comments and questions are below. As far as denying the debt of chase I can no longer do this as I provided the judge in my response with my entire account history. For FDCPA violation can you kindly advise what law they are in violation of? In all actuality I owe $300. The remaining $8000 dollars is in a payment protector service which I never asked for, accrued interest, late fees and overlimit fees. As of right now my points for argument are: *Sent a letter to Chase asking for the removal of payment protector service, they never removed it and continued to rack up that charge, interest, overlimit fees because of these charges. *Advised Chase that if they continued to ignore my dispute, I would stop the automatic payments. 2 months continued with no action by Chase so I payments stopped. *Only $300 actually owed. $8,000 is being asked for service related charges ($8000 service charges are unfair and unjust) *Contacted RJM and advised the debt was grossly overstated if referring to my Chase account # *Sent a DV letter and never received a response only a summons about 5 months later. If anyone has any opinions or experience with this please let me know. Thanks for your help.
  3. Hi Team, I have court on Tuesday for a Case Management conference. Is there anything I need to do or be prepared for? All I have done to date is filed an answer to their summons. Any help or comments would be greatly appreciated. History Below: ----------------------------------------------------------------- RJM Acquisitions is suing me their attorney is Brachfeld & Associates For $8334.70 The original creditor Chase Manhattans sold to RJM ACQUISITIONS LLC ASSIGNEE OF CHASE BANK USA N.A. MASTERCARD. I received Summons in mail. I was served by receiving an unmarked first class mail with no return address in mail. My correspondence with Chase/RJM/Brachfield was that I advised a majority of the balance was grossly overstated on phone. Sent DV letter no response. I live in San Jose, California Last payment was made on 03/2006 Status of case is in Category: Collections - Limited Filed: 5/16/2007 Status: Open, Scheduled date 1/8/2008 01:30PM CV CMC-Case Management Conf I have disputed the debt with the credit bureaus and agencies. I requested debt validation before the suit was filed 2 months prior and used CMRR. 7/13/2007 - filed form PLD-C-010 PLD-C-010 1/1/2007 Answer-Contract Answer filed as a general denial and I attached my complete account history with them. 9/07/2007 - I was granted, CV Application Waiver of Court Fees/Costs 1/08/2008 - Case Management Conference plaintiff failed to appear
  4. Thanks! for the reply if anyone else has experience please post.
  5. Hi All, I would like to apply for a Fry's Electronics credit card does anyone here have one? If so can you advise which credit report they run and if you know what the minimum score is to receive a credit card from them?
  6. I.C. systems sucks they were on my report for 3 years. I tried asking for a PFD and negotiating with them on a charge that was not even mine. They refused and did not want to resolve the matter at all. The amount was a measly $127.00. I disputed the account and send many DV's they did nothing but always verified with CRA's. I became creative and had my wife contact the original creditor and advise them that she opened the account and that it should be recalled from my social and report against hers. She paid the original creditor and had them recall the collection account from IC systems. 3 weeks later IC systems was gone from my report..........
  7. Filed the answer on this and was granted a fee waiver for all court filling cost. Do I sit around and wait for the court date now? The hearing is in January do I need to do anything to prepare? So far I have received no facts or anything related to the complaint just a notice that I am being sued.
  8. I am having issues with discover as well. Here are the contacts I have......... David W. Nelms, President & CEO Carlos M. Minetti, Executive Vice-President Diane E. Offereins, Executive Vice-President Ashoke Dutt, Executive Vice-President Margaret J. Bellock, Senior Vice-President Martin W. Slusarz, Senior Vice-President Bruce L. Osborne, Senior Vice-President Tom E. Dailey, Senior Vice-President or Colleen Zambole, Vice-President Cathy Edwards, Media Contact: Beth Metzler, Media Contact: Michele Martin: Leslie Mason: Daniel Collins: Mark Puttick: Martin Dambrot: Paul Jakubowski: Rafal Szymczak: Tony Bedell: Vic Puodiziunas: Santi Sirilan: Katie Mitchell: Kevin Kellow: Chalary Filipek: Ann Zhu: Barb Bulger: Alicia Zatkowski: Sunil Mendu: John Baipsys: Jeff Pukacz: Jim Ream: Jimmy Hurt: Nicole Biafore: James "Doug" Cleveland:
  9. I just had Country Wide run my score yesterday............. They used Landsafe Credit Merge Report Came up with this. 6/28/2007 XPN - 559 EFX - 555 TUC - 569 Countrywide said they would go by the middle which is 561 I ran the from experian and purchased the triple report and it shows 6/28/2007 XPN - 648 EFX - 636 TUC - 690 Middle for is 648 So the difference is basically 83 points.....................I asked my broker and they said online to customer is always higher because if it was lower people would not want to pay for the service. On a side note one change from 6/28 to 6/29 was the inquiry from country wide it caused my free credit report score on 6/28 to drop from 648 to 636 in one day on todays 6/29/07 report. Careful with inquiries...............
  10. Tried logging into today and couldn't it said I had to call customer support. So I called and the lady sounded like she was definately in India (I am not a racist) (but after this incident I may become one). The lady was pretty horrible. She asked me for loan information to validate my account history. I told here about my Wamu home loan which I could easily verify. Then she asked for what the monthly payment is on another one of my loans. I said there is no other, she says yes there is. I said all my other loans are old and not current. She says well then tell me. So I told here NELNET is an old school loan but I have no idea what the monthly is on it because it is over 5 years old and closed. She said hmmm. let me put you on hold and I will be right back, I waited 3-5 minutes on hold she comes back on and says your account will be reinstated please login in 5 minutes. So I waited 4 hours logged in still cant. The call was 20+ minutes and very lame they didn't help with anything and I can still not login to the TruCredit website because of this. How lame...........someone needs to tell bush they have weapons of mass destruction AKA (OIL) in India. Then perhaps we can have real americans helping us..................
  11. I tried negotiating with Discover they offered a $2800 settlement for a $5850 balance. I refused the negotiation's as $1000+ of the charges where fraudulent and they were notified immediately when the charges were posted to my account. They never provided any proof of delivery or service. So they still show as a collection on my account. I actually do owe them $800 dollars and have advised them I will never pay anything until they correct my account balance. They tried having Eskano's and Adler contact me and advised they would sue me. However when I advised Eskano & Adler the situation and provided them with my own payment history and account information. I told them provide proof of delivery or service on disputed charges and they referred me back to Discover. Nothing has happened for 2 years now...............I send a complaint letter to discover every now and then and they only reply with their $2800 settlement offer...........Bottom line is whatever you think, think again as they are in the business to make money so if your balance is actually charges they will not give you a break. If your balance is full of fees and interest they will offer you to pay out a percentage of the balance.
  12. Nintendo WII should be the way to go as the technology is years ahead of Microsoft and Xbox. Nintendo WII broke the mold for game consoles with the interactive features in the WII. There is a reason why you do not see them at Toysrus and anywhere else except ebay. Its because when they come in they are sold as fast as they are received...................The demand right now still outweighs the supply.
  13. After reading through the forms I found that the General Denial Form stated "You MAY NOT use this form if the complaint is verified and involves a claim for more than $1000 that has been assigned to a third party for collection. (See Code of Civil Procedure sections 90-100, 431.30, and 431.40)." I believe because they are attempting to collect for $8000+ I can not use the above mentioned form. I searched the site for more forms and found: PLD-C-010 PLD-C-010 1/1/2007 Answer-Contract So the form has standard information however a few parts that confuse me are: Answer-Contract section A. Has Check box TO Complaint of (name): Question: "Who is this? me or them" B. Has Check box Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: Question: What statements they didn't have any? (1) Defendant claims the following statements are false (2) Defendant has no information or belief that the following statements are true, so defendant denies them. Question: I guess this is all I fill out? 4. Has Check box AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: Question: Do I put any Affirmative Defenses? 5. Has Check box Other Question: Not sure if I need this? 6. Defendant Prays a. that plaintiff take nothing b. Check box for costs of suite c. Check box other (specify): So my reasons for not paying are Company failed to provide statements in mail which resulted in surge in interest rate 2nd month of billing cycle. Company added a payment protector service without my approval and did not remove it after I asked. Total amount charged on card not including payment protector, interest, late fees or overlimit fees is roughly 11,500 dollars. Total amount paid to credit granter is 11,200 dollars. Total amount owed is = Roughly 300 as opposed to the 8000+ credit grantor asked for. I believe the total amount they are seeking for 300 dollars is unjust and unfair. All my reasons I can prove except for the intention of not sending a statement (2) months into the inception of account to bump interest rate. I can produce a letter request removal of payment protector, letter of debt validation to the collection agency, I made a complaint with the BBB on Chase, and I notified Chase on phone and via a letter that I would be ceasing payments until my account was fixed. Question: What outcome should I be looking for here? I owe them money I just do not think 8000+ dollars is fair for their services? If the judge rules against me how long does a judgement stay on my credit report? Do I admit the account is mine, do I admit I owe money, do I say nothing? How should I approach this?
  14. My problem is there was no complaint on the summons it only says I am being sued for breach of contract, Common counts according to Proof w/ no proof. So I am unsure how to answer with "affirmative defenses". I have been reading the board for 24 to 30 hrs in my entirety of life on this board through multiple threads and can not find anything related to information on how to answer a summons. The only thing attached is the Declaration of Jurisdictional Facts Which state: 1. I am the attorney of record. 2. The above-entitled action is not subject to the provisions of Civil Code Section 1812.10 or Civil Code Section 298.4 3. The above-entitled action is subject to the provisions of Code of Civil Procedure Section 395( and/or 396(a). 4. Venue for this action is proper in the above-entitle Court because at the commencement of this action, one or more of the named Defendants resided in this Judicial District. 5. If called as a witnes, I would competently so testify. Then the I declare statement with a Date Executed April 6, 2007 document is unsigned. Found the General denial forms PLD-050* PLD-050* 1/1/2007 General Denial Thanks will take a look at it.
  15. Found the case online. Something I noticed on the summons it didn't really mention any complaint it just had a bunch of boxes checked with no reference to an account number or anything. The summons is not even signed should it be? The funning thing is when I searched my name I found 2 other cases I never even knew about. One from Chase & one from discover both were posted with "CV-BT EntryReqDism-No ADR' Does anyone know what this means? "CV-BT EntryReqDism-No ADR" It appears both were vacated dismissal. Does anyone know why or how that would occur?
  16. The court is superior court of California, County of Santa Clara 191 N. First St., San Jose, CA 95113 What do you mean by Dockets?
  17. RJM Acquisitions is suing me their attorney is Brachfeld & Associates For $8334.70 The original creditor Chase Manhanhatten sold to RJM ACQUISITIONS LLC ASSIGNEE OF CHASE BANK USA N.A. MASTERCARD. I received Summons in mail. I was served by receiving an unmarked first class mail with no return address in mail. My correspondense with Chase/RJM/Brachfield was that I advised a majority of the balance was grossly overstated on phone. Sent DV letter no response. I live in San Jose, California Last payment was made on 03/2006 Status of case is in Category: Collections - Limited Filed: 5/16/2007 Status: Open, Scheduled date 1/8/2008 01:30PM CV CMC-Case Management Conf I have disputed the debt with the credit bureaus and agencies. I requested debt validation before the suit was filed 2 months prior and used CMRR. ---------------------------------------------------------------------------------------------------- Below is what I need help with. The Civil Lawsuit notice states 1. You must file a written response to the complaint, in the clerk's office of the Court, within 30 days. (What and how do I do this?) 2. You must send a copy of your written response to the plaintiff; and. (Easy enough) 3. You must attend the first Case Management Conference. (Seems easy enough)
  18. Experian online dispute comes back validated what a crock!
  19. Well I guess my next step is dispute with CRA's. report number 2842397244 Report date: April 28, 2007 Description "Attempting to collect unvalidated debt refuses to provide itemized statement or contract Violation of FDCPA Section 809" I'll see how they respond and hopefully I can figure out if I need to sue or not.
  20. Can someone help with the exact violations the are in? Or refer me to a link or post where I can find information on the violations and how I go about taking them to court. I have never done this before.
  21. Few questions looking at the law below. A. Does this mean because I didn't write in 30 days they are now protected and no longer responsible to provide validation because I didn't? I do not think they are. B. Are they in violation because they are reporting me and unable to provide an itemized statement? If I demand them to remove based that they have not validated with a judgement and do not have a signature or any itemized sheet and they refuse what violation is that? C. What is the best course of action to take now. More letters? or sue? What would be the best letter? Should I call them? Everytime I call they contort my words so it is pretty much meaningless. FDCPA Section 809. Validation of debts [15 USC 1692g] ( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. © The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
  22. So they admit they can not prove it what is the next best course of action.
  23. If you can help advise how I should proceed after this response that would be great. Here is the response received. "Your request for dispute must be within the first 30 days of receipt of your first notice sent on 10-25-02, by Collection Bureau of America. The account is pas the 30-day validation period and due to the age of this account; we are unable to provide you the itemized statement. We can however, provide you with an update on your account; you contact our office at 800-659-3770 in order to resolve this account. Thank you for your cooperation."
  24. DMGacs


    To try to clarify my questions are: Question: How many inquiries can be on your report before they cause a negative score? What is the total number of allowable inquiries in a 2 year period that do not cause a credit score to drop. Question: CA's that purchase my debt are they allowed to run my credit report? Question: I have 37 inquiries in (2) years. I believe this is causing harm to my credit score some are for credit cards, refinancing home, auto loans, collection agency's, OC's, law firms in conjunction with the OC, some unfamiliar. Is it worth disputing them? Question: The listed companies that show up on my credit report online are shown on my first post. I can not tell if it is hard or soft. How can I tell?