PupnCub

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About PupnCub

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  • Birthday 01/26/1971

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    Pennsylvania
  1. 7/5/2013 UPDATE I called the Clerk of Courts for Albany New York and I was told that the OAG did file this summons, however it was filed March 5, 2013 so they cannot figure out why it took 4 months to have me served. When I asked for a copy of the complaint they stated that one was not filed by the OAG and that the summons serves as the complaint as well. They said that no court date has been scheduled at all to hear this case. That is all that they would tell me. I did some checking and according to the Civil Procedure Rules of NY (which I could have read it wrong) since I have been served out-of-state I have 60 days to respond to the summons. I also called an Attorney in New York State that I found from the NACA website and I was told that I have to have an Attorney in the State of Pennsylvania file a motion of Jurisdiction Venue and to file a motion to have the case dismissed. He was not clear on the Statute of Limitations however he believes that it is 6 years. He was perplexed that the OAG are acting like bottom feeders after reviewing all of my documents.
  2. I was not even given an address for the court house at all, and the process server is from a company called Star Process Service, Inc located at 163 Delaware Ave, Suite 3, Delmar, New York 12054. They sent some form to the Postmaster to verify my address and if I lived there or not - all the Postmaster returned was a simple "Receives Mail at this Address". On that form it give a Index or Docket # and that is it. Should I have been provided with an address of the Court so I can communicate with them or at the least the Court Clerks office?
  3. Just out of curiosity is it possible that a JDB if this is the case could be portraying themselves as the Attorney General or representative thereof?
  4. Thank you racecar!!! I found some interesting areas in the policy. 1) Delinquent accounts will be accepted by the OAG up to six months prior to the expiration of the statute of limitations, which is six years from the start of the semester the debt occurred. If an individual owes money for more than one semester, all accounts should be transmitted at the same time. The following address should be used when forwarding delinquent student account information to the OAG: So the first communication received from the OAG to myself was 1.2.2007 - since they state that there is a statute of limitations of 6 years; would that mean that as of 1/2/2013 that statute has expired in New York? and since I am a Pennsylvania State resident the Statute of Limitations here is 4 years, which if I am correct this account was dead as of 1/2/2011. F. Communications Received After File Has Been Transferred to the OAG If any communication concerning the account is received from the debtor or any other source (i.e., lawyer or court) after the file is referred to the OAG; it must be forwarded immediately to the OAG. The OAG is responsible for responding to the debtor. Ok after I sent them my disputes they did not respond, they waited every 2 years, and when they did respond it was with a summons.
  5. Seadragon: According to the letters I received the State is stating that I will owe a 5% interest rate on this disbursement by the College. They also state in another letter that I can assessed a 22% collection fee plus penalty interest for this disbursement, that again is not a Federal Loan, a Student Loan, or a Loan of any kind. In their summons they state that this is for the Spring and Summer of 2008 - I was not in college then and I was not living in New York State at all. According to my records I attended school in 2006 - so their facts are way off.
  6. Wow sorry that you feel I am the one that is at fault here - If I wanted to be chastised I would have asked for it. I did not choose to ignore anything I responded, if a mistake was made on the schools behalf, that is on them - they told me to go ahead and cash the check, so I did. There was only 1 time in August - I do not believe that constitutes me taking no action. They never served me with a complaint or court case either. I have been disputing this ever since 2007 and they wait 2 years at a time to send any information to me, and do not respond to my disputes at all... so am I still the one who you feel chooses to ignore the situation or is it them? How about the fact that they know and have known that I am not a New York resident but yet they file something in court - which is 400 miles away from where I live - they are banking on me NOT showing up or fighting this and getting a default judgment. Thank you for your punishing respond - just saying.
  7. First I want to apologize for the length of this post, however I want to provide as much information as possible to get a correct answer or insight or help to my situation. On 7/3/2013 at approximately 6:30pm I was served a summons with notice from a constable for an alleged debt that I owe in New York State. This summons is from the Attorney Generals Office Civil Recoveries Bureau. It states that I have 20 days to appear in this action by serving notice of appearance on plaintiff's attorney. It further states the following: "Take notice that the nature of this action and the relief sought is to recover damages for overpayment of financial aid, OR unpaid charges, OR room and/or board OR fees OR fines. for the Spring and or Summer of 2008. The amount sought is a little of $2,000.00. It further states that this is not for any Student Loans or Guaranteed Funds. Ok - so here is the history. In 2006 I received what is called a living expense check from this college, which is a refund that I am entitled to once all of my education costs have been met. This was sent to me directly and I cashed it. In 2007 - Actually January 2, 2007 is when I first received any communication from the Attorney Generals Office stating that there was a mistake and demanding that I repay the college. I also received another letter on January 22, 2007. I did respond disputing this alleged debt. There was NO REPLY from the Office of the Attorney General for 2 years. In 2009 - April 12 & 28 I received letters demanding payment of alleged debt from one of their collection specialist. I again disputed the debt with them. In June of 2009 I received a summons similar to the one that I received on 7/3/2013 - stating that I had to appear in court. I disputed this summons as the constable left this summons on my roommates car in the pouring rain so it was never handed to me personally or left on my door. I called the Attorney General and stated that I was not served properly, so they sent a summons to me by regular mail and told me that constitutes "Legal Service". I sent my response to their summons certified mail shortly after. There was no court case or Judgment - I was not served any further papers. There was NO REPLY or communication from the Attorney Generals Office for another 2 years. In September of 2011 I then received a letter from the Attorney Generals Office which reads: Supreme Court of the State of New York, County of Albany State of New York, Plaintiff v. Me, Defendant. NOTICE OF DISCONTINUANCE -received by the Albany County Clerk 9/30/2011 at 11:31pm PLEASE TAKE NOTICE that, pursuant to CPLR 3217 (a)(1), the undersigned attorney for the plaintiff herein discontinues the above mentioned action without costs and without prejudice. Dated September 26, 2011. Yours, etc., Assistant Attorney General. There was no other communication from them until August 29, 2012 - when I received a letters stating that I owed them $3,347.45. I did not respond to this letter (which is my fault). There was no further communications from them until July 3, 2013 which is when I received the summons and notice. Now this is my perspective on the whole situation and maybe my defense. I am going to write them a letter sent CMRRR demanding a complaint, which I have never received. I am also thinking about asking for the check that I cashed back in 2006. I am going to dispute the amount that I owe as they can not come up with one sum that matches. My biggest defense with this is that they are saying it is from the Spring and or Summer of 2008, however I have proof that my first communication from them regarding this debt was in January of 2007 - so with that being said I believe that the Statute of Limitations has expired on this debt since the statute is 6 years in New York State, and since I am actually a Pennsylvania resident the Statute here is 4 years. There is no way I can make the trip to Albany NY to appear if is 400 miles which is almost an 8 hour drive for me. I do need some help if there is any out here, what do I do next - do I have a chance at all of fighting this? The college messed up not me.
  8. CACH is a JDB and hires Attorney's to collect the debt. Therefore a DV letter has to be sent to the collection agency or law firm. Bonewicz is an Attorney for CACH, so sending a DV letter to Bonewicz is the same as sending a letter to CACH, as on his dunning letter to me it stated that his client was CACH,LLC. Bonewicz acting on his own behalf and on behalf of CACH - his office never sent a validation letter, he sent the account back to CACH who in turn sent it to another attorney in their network. CACH,LLC has never contacted me directly about this debt, either in writing or on the phone, they ARE however furnishing information though to the credit bureaus in an attempt to collect the debt, so therefore to me they are debt collectors. I did respond within 30 days to Bonewicz and demanded validation - there was no response - except for a harassing phone call which I recorded. CACH never sent me anything in writing or called me - they just placed the negative TL on my credit report. The only way I found out about it, is because I have my CR monitored and I received an alert from Experian. I then sent a DV to CACH within 1 week of them placing it on my CR - (this makes 2 DV's for the same account with CACH) Again the response I received I posted here - it is funny how they do not consider themselfs a collection agency or having direct involvment in the collection process.
  9. Thanks BV80, and to answer your question yes, this is how the events played out. When CACH LLC first received this account they placed it with the Law Offices of John C. Bonewicz. I disputed it then and sent Bonewicz a CMRR Validation letter, they did not send any validation at all. The Law offices of Bonewicz then called me and I caught them in an FDCPA violation and my Attorney filed against them. Bonewicz, returned the account to CACH who then sent it to the Law Offices of P. Scott Lowery. I have never been contacted by Lowery, or CACH directly - only Bonewicz. (still follow me?) Once CACH, LLC received this account back from Bonewicz they then put a negative trade line on my Experian Credit Report without any validation of this debt. I then sent a letter to CACH, LLC as they are the furnisher of the information to dispute the debt (again) and asked for validation. Then they sent me the letter that I have posted here as their validation.
  10. I am not seeing the letter attached to my post so I will type out what they sent on their letter head November 14, 2012 Debtor Re: Written Dispute Letter Postmarked: November 21, 2012 Dear Mr. ..... We are in receipt of your dispute referenced above. CACH, LLC is a purchaser of charged off receivables. CACH, LLC does not engage in any direct collection activity. Accounts are placed for collection with third party law firms and collection agencies. Our investigation into your dispute reveals the following information. Debtor Name Me Address Mine Date of Birth ---- Social Security ---- Original Creditor GE MONEY RETAIL BANK Original Acct # ------ Current Acct # -------- Acct Charge Off Date 7/15/2012 Date placed in our system 8/30/2012 Placement Balance $560.79 Current Balance $560.79 Account Status OPEN Reported Dispute Status Collections Account Seriously Past Due Other Comment None Sincerely, Customer Service This letter is sent pursuant to the requirements for 16 C.F.R 660.4(e) This letter is not an attempt to collect a debt CACH LLC, 4340 S. Monaco St. 2nd Fl.,Denver CO 80237*(800) 478-5541*Fax (303) 713-2509 This is their validation nothing else came with it.
  11. Hello~ This is a follow up to my posting(s) back on November 20, 2012. I sent a vlaidation letter to CACH, who are the ones that have reported the negative trade line on my Experian CR. After reading their respone I do not think that this meets proper validation. What CACH has done is contact Experian and report that the account is now 'Disputed by Consumer'. I find that their letter leaves some questions though. 1) If they do not engage in collection activity (direcetly or indirectly) then why are they reporting to the Credit Bureaus? 2) Is what they sent me proper validation? 3) Have they violated any FDCPA or FCRA with providing false and misleading information - ie: Reporting negative TL to the CR's then stating they do not engage in collection activity. I have attached a copy of their response letter to me with the appropriate areas blacked out. Anyone have recommendations on how to proceed?
  12. Ok I have sent a validation letter to CACH, LLC and when the CMRR card was returned it was stamped as "Received Square Two Financial". I then received a call from Square Two Financial stating that Attorney Lowery has the account and that all correspondence has to go to him and not CACH, LLC. If I have any dispute he has to handle it and CACH, LLC is not part of the equation ... <--- But I was not given an address or phone number for Mr. Lowery she just hung up the phone on me. So now I am really confused. CACH has the negative trade line on my credit reports and CACH used to be owned by Lowery, however it is now called Square Two Financial. Is the letter requesting validation now null and void since CACH, LLC is saying that I have to talk directly with Attorney Lowery, even though CACH is reporting the negative account. Do I have a valid dispute with collection agency since Square Two has (1) - never sent me a letter of demand but is reporting it under another collection agency that was sold in 2005. Should I send a seperate letter of validation addressed specifically to Square Two Financial regarding the accounts they say I have with them? Sorry if I sound confusing, I am trying to figure what collection agency has this account now is it CACH, LLC, Square Two Financial, or The Law Offices of Scott Lowery.
  13. Thanks for the info you all are great ... I will update when they are available in the event anyone else has to deal with these idiots ...
  14. The debt was disputed with CACH in September and they never responded to the DV letter, they just went and placed it on my credit report in November. I do have copies of the CMRRR and dispute letter that was sent to them.
  15. I will clarify - The account started with GE Capital Retail Bank - it was then 'purchased' by 'Integrity Financial Partners' - now it was purchased by CACH, LLC and assigned to the Law Offices of John C. Bonewicz, in Illinios - the account was now taken out of Bonewicz's office and transferred to a different Attorney in Denver, CO. CACH, LLC is still the owner of this account - they purchased it from the OC after Integrity failed to collect the debt. CACH is bouncing this account around from Attorney to Attorney. Does that explain things a bit better? Thanks.