Monterey

The Proof of Service/Declaration of Diligence is not in the packet. The only documents (pages) are: 1. Summons 2. Complaint (2 pages) 3. Cause of Action 4. Attachment, explaining their situation. At the end, after the several statements, there is a request to the court for reduced fees based on the fact it is within the small claims limit. (This is not a small claims summons, but they are saying the amount would be within small claims) Based on what you said, it was a faulty service, but I'll take your advice and file a response (general denial) tomorrow. I will fill

Hello, This place is fantastic, but I sadly forget 95% of what I have read between visits. I am unclear on how to respond and the best way to beat these guys. I'll spare you the story about how I tried to settle for up to 40% with OC and 20% with these bozos, but no dice. They tried to serve at the house, but got a relative and he didn't try to give him any documents. In late January (Approx 30th), the service by mail came. I have no date on the document for the service at all. My first reaction was, "this isn't service", but now I am concerned about summary j

Thanks for the encouragement. I think I will do that. I haven't looked very hard admittedly, simply using the lendingtrees of the world. Thanks!

I have a low credit rating because they are reporting on it (like 2 months ago), and I want to refinance and save $500-700/ month on interest.

Refinance a large mortgage from a >6% rate. However, BofA Rep told me they won't remove the listing, just put (some form of) paid. No deal...

Hello, Via phone I just offered 20% on a $4400 (before fees) account that was charged off and 1099ed 4+ years ago. There are only two years left before the agencies remove it, but BofA doesn't want my $ to remove it. They said they could change it to paid (slang for partial payment or some such bad reporting). Should I try in writing with a hope of a better Rep? Thanks, George

Thanks! Looks like settlement is the route then. Will be cheaper than high rate for two years.

Thanks Tom. I am aware that they cannot report after 7 years, but (for some reason) I also thought they could not report after a certain period on an account without an event on the account, e.g., payment, charge off, etc. Can they report whenever they want within 7 years after the last payment/valid activity?

Hello, This forum rocks and I hope I can get an answer to this as this alone is stopping a refinance. I had a bank CC charge off from 2010, long ago forgotten, until last month, when the bank simply restated the activity in 2010 even though there has been no activity. Can they do this by the regulatory rules? Thanks, George

Could you elaborate a bit more on the advantages of asking for a stip vs. simply filing the necessary paperwork with the court?

Thanks for your response. The contract date was 2006, so I am hoping to find an old one.

Hello, I am looking for arbitration clause in contract, but only have a partial contract. Does anyone have the actual cardholders agreement, in toto? If so, I would be much obliged.

Thanks for the response gunny. I think I will take your advice.

Hello, I don't know a lot yet, but it appears that they have been charged off and sold. This means the OC is history. You have to verify this for sure. The defaulted loans are assets that are sold (for less and less as it ages) just as a used car would be. If this is the case, you have to deal with the CA, and only the CA to resolve the issue. Read the advise on CAs vs. OCs. Regards, M

Got it, thanks! They have a provision whereby monetary only claims of under $25K can be litigated, avoiding arbitration if it is $ only, assurance is given the scope won't change, and it will be only chase and borrower. Looks like trouble. Anyone know about chase arb clauses here?