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Everything posted by Oregonactor

  1. Got another phone call today at 6:40 a.m. I answered by simply saying "Exactly why are you calling me at 6:40 a.m.?" The woman on the line said she was trying to reach Jane Doe (me). I said, "and I asked you why you are calling me at 6:40 a.m.?" She said the person she was trying to reach lives in Alabama. I said, "well it's 6:40 a.m. Goodbye." And I hung up. First off, I have never lived in Alabama. I live on the West Coast. Second, this place is not licensed to practice in my state. Should I just ignore the calls or should I answer them? What? I am not sure what to do and any advice would be greatly appreciated. Oregonactor
  2. Well, it's been over a year since I have read the boards, but I am back with a question. I started receiving telephone calls from a First Source Advantage. I honestly have no idea why they are calling because they only say to call them at this number and give them reference number blah, blah, blah. I have been away from work for a few weeks recovering from surgery and the first message came there. The message at work got deleted because it only said "This is Latoya. Please call me at xxx-xxx-xxxx. Please reference number blah, blah, blah when you call." Well I knew we didn't do business with anyone from that area code, so the message got deleted. Then a day or two later, I got a call on my cell phone. I did not answer it because I was not available so they left a message. This person identified where they were calling from (First Source) and asked me to call them back at the number and gave a reference number. It was the same information from Latoya, so I put two and two together. I have since received two telephone calls prior to 8:00 a.m. (one at 6:30 a.m. and one at 7:30 a.m.) I have no idea what they are calling about, and I have not received anything in the mail from them. And the last telephone call I got from them was Saturday morning at 8:16 a.m. from a restricted number. The same message as above with just the name of who is calling, the number to call back at and a reference number. I know I have them on some violations according to the law, both state and federal, but I have completely forgotten how to play this game since it has been over a year since my court stuff with Chase. Comments and suggestions are welcome, and thank you for your time in reading my post.
  3. State mandated "arbitration" is different in every county. I lucked out and got a really great arbitrator and she sided with me, and also the plaintiff did not show up. But this is not arbitration as you read on these boards. This is a "court appearance" in Oregon terms. Meaning that you sit down in with the plaintiff and the arbitrator and he/she hears your case. They should have done their homework and read case law and they then rule on what is presented to them. I do not know for sure if you can file with JAMS in Oregon. I'm not saying it's not possible, I'm just saying that I don't know for sure if you can. I have never talked to anyone who has done it in Oregon. Usually after the state mandated (or Alternative Dispute Resolution as it is called in Oregon) has completed, then you can appeal if you have lost, but make sure you read up on your County laws and make sure you have your ducks in a row before you try to yell "ARBITRATION" if the state and county do not allow it. Just my opinion.
  4. Is this Suttell & Associates? If it is, then I was sent a VERY interesting article about them. It can really help you win if it is them. Send me a PM so I can get it on my cell phone and can forward the article to you. Oregonactor
  5. This is a very interesting read. As some readers know, I won a case against Chase back in May of this year. Chase is still reporting it, the CRA's are still verifying it, and when I called Chase about it a while back, they had no idea what I was talking about. They even asked me for a copy of my judgment papers. I have just received all three answers from the CRA's regarding this alleged debit, they all still come back verified, and now my next step it to put my ducks in a row and contact a NACA attorney to go after Chase. This is a violation that they continue to report it even AFTER I won a judgment against them. Long process, but maybe, just MAYBE I will get enough money to go on a vacation next year on Chase's tab!! Keep your fingers crossed. Any advise in advance would be entertained. Oregonactor
  6. Sorry about the late reply. Had to deal with some other business and haven't checked the boards in a LONG time. These jokers called me a couple more times and I actually got one telephone call recorded. Now, this is not a legal recording of the conversation because I did not disclose that I was recording the conversation and I am in a two-party state. But it helped me in making sure I was understanding them correctly. This weasel and I went round and round a few times because he was trying to get me to admit to something. Well, I never did, and I told him that he needed to send me something IN WRITING to my correct address which he finally verified with me by HIM providing it, I did not provide him anything. But that was over 3 weeks ago, and I have never received a letter or anything. So as far as I am concerned, until I receive a letter, they can go take a flying leap. He tried to tell me that in 2008 they contacted me and I told them to contact my attorney. Um, yeah, I have never had an attorney, so why would I tell them that? He also informed me that he had it on his computer that I told them that they were not to call me at work. Guess what I have saved on my voice mail? Yep. A message from this jerkass with a date, time, and the whole "...this is a message for Oregonactor. If you are not Oregonactor, please hang up now. If you continue to listen to this message, then you acknowledge that you are Oregonactor..." Thought I read somewhere that that kind of message was not legal to leave. ESPECIALLY when he admitted to me that he acknowledged that they were not to call me on my work number. So I can't give you an update, but I can tell you that I am ready to fight a good fight if it comes down to anything.
  7. I have the telephone call on my cell phone, but I got them in a BOLD FACE LIE! The guy that called my cell phone said they had no other number to contact me at. Well lo and behold when I got home from work on Monday, the same guy had left a message on my home answering machine and said "This is such and such and I am confirming location information for Oregonactor. Please call me back at blah, blah. blah." and hung up. It was the same number that registered on my cell phone so I already knew it was Nationwide Credit. I made a recording of the message and will be sending them a letter for a violation. Not once on either telephone call did they tell me why they were calling, all they told me was they were calling about a "personal business matter". Only after some pushing on my part did he finally say he was from Nationwide Credit and even then NEVER identified himself as trying to collect a debt, only that he was calling about a personal business matter. I have no idea who he was calling about, but I will see where this goes. Would be nice to have some extra money to put into my savings account. Oregon Actor
  8. Thank you 2ndTime. I appreciate you spelling that out for me. I was so angry by that phone call that I could have spit nails!! The guy was so smug at first but when I said send something to me in writing, he got very quiet. He also NEVER identified himself as a debt collector only that he was from Nationwide Credit. Nothing came out of his mouth about trying to collect a debt. His accent was so thick that I wasn't even sure he said Nationwide Credit until I googled the number and it came back as them. I have been advised to write them a letter regarding the violation of not identifying themselves as a debt collector only that he was "from Nationwide Credit and calling on a personal business matter." At no time did anything come out of his mouth about being a debt collector. He just kept trying to get me to verify an address that wasn't mine. So I didn't answer him. I will be sending off a letter to them tomorrow CMRRR notifying them of their violation and will happily accept a payment in the amount of $750 for the FDCPA violation that they committed this morning. May not come of anything, but considering that the Secretary of State is a very close personal friend of mine, she might be very interested to know what is going on in her state. I LOVE having friends in high places. Oregonactor
  9. bloomingfern... I did this a few months ago. It is Oregon law to assign it to mandatory arbitration. Please keep in mind that this is NOT the same kind of arbitration that you read about on this forum. It is simply a private, neutral location where you, the plaintiff and a "arbitrator" will meet to mediate your case. In my case against S&A, we did not agree on a mutual arbitrator so the court randomly selected one. The arbitrator is simply an attorney that is licensed in the State of Oregon to be the mediator. Some do their homework prior to the case, some do not. Make sure that you have copies of your answer to present if necessary. S&A pulled the "defendant did not send us copy of answer" card but I had not only a copy to provide again, but also had the green card showing the signature. What I sent to my "arbitrator" was cover letter with the following attachments: a copy of my calender, a copy of the answer, a copy of the green card showing the signature and my half of the fees which was $250. This was the "discovery" that was submitted. It was not required, but it allowed the arbitrator time to read the information prior to the meeting. I also sent a copy of the same information CMRRR to S&A. The meeting did not go as planned as S&A did not show up, so I won by default. I don't know how dirty they play in the meeting, but be sure you have your homework done, understand it, and be ready to present what you need to on your side to defend yourself without helping them prove their case. Take copies of any correspondence that you have had with them. Sometimes they can shoot themselves in the foot with violations that they didn't even know they made. And keep in mind...they had to change their name from Suttell & Associates to Suttell & Hammer because of violations. They are sloppy. I had documents that said Suttell & Hammer formerly Suttell & Hammer. Huh? The aribitrator laughed over that one. Keep us posted. Oregonactor
  10. Has anyone ever dealt with these guys? I just received a telephone call on my cell phone at work from these people. The guy did not get my name right (very common as my name is unusual) and when I said my name correctly, he asked if my last name was xxxx and spelled xxxx. I said yes. I asked who he was and he said he was calling regarding a business matter. I instantly went on alert and walked out where no one could hear my telephone conversation. He asked me to verify my name and if my address was blah, blah, blah. I did not answer him and asked instead why he was calling my cell phone and who gave him the authorization to call it. He said it was the only number he had to contact me. He asked me again if my address was blah, blah, blah. I did not answer him and instead told him that I do not discuss financial business matters over the telephone and to send me something in writing. He said they do not send matters in writing. I asked "you seriously do not send anything through the post office?" He said he could. So I said, "Per the FCRA, I am notifying you that I do not deal with people who do not give me any information. You may send me something in writing." Now, the address that he was giving me was NOT my address. It was a P.O. Box that was on my report when I was using the CMS (Court Mediation Services) program. I know for a FACT that my correct address is on my CRA's because I cleaned those up. If this guy sends this to the wrong address, is that my fault or what? I do not know who he is claiming to represent. My fear is that they send a letter to this wrong address and I will not have the opportunity to DV because I will not have received any letter. I am waiting to see what happens, but need to jump on this now rather than later. Thoughts? Would appreciate any advice. If possible, PM me because the notification goes to my cell phone and I can be more on top of this matter. Thanks, Oregonactor
  11. Goodgrief, Check Oregon law before you try to force something into arbitration. Oregon law requires state mandated ADR. With that requirement, and you trying to force something into JAMS arbitration, that could be shooting yourself in the foot because it could appear that you are buying time. I understand what you want to do, but I do not know what the consequences could be if you demand arbitration outside of the state mandated procedure. Maybe nothing, but it would be something to consider. One thing that I did was call the OC and find out who they had assgned the debt to. They did not sell it, they had only assigned it. The name they gave me was NOT Suttell & Associates, so I had that in my defense as well. Do some research homework before you try to play an arbitration card. Find out if Suttell & Associates is truly the attorney of record. The other thing I caught them on, which was minor, but the courts found funny was that the legal documentation that they filed said: Suttell & Associates, formerly Suttell & Hammer on some pages, but on others it said Suttell & Associates formerly Suttell & Associates. Not the cleanest work for an attorney.
  12. Goodgrief, I was sued by these idiots earlier this year. The court appointed arbitration is actually called Alternate Dispute Resolution or ADR. It is a very simple process, and mine was extremely quick. I was served in February and my case was completely over mid-May with me being victorious. In my case, Suttel & Associates claimed that I never sent them a copy of my answer. They did a few steps back when I produced a CMRRR receipt with their signature on it. Of course, if I knew now what I knew then, I would have had the weight of the envelope because they are known to claim that only an empty envelope was received. They do their homework, but in a VERY sloppy way. Not only did they not show up to the ADR hearing (they claimed they received no notice from the courts but the courts verified 4 different letters went out with the information) but they also missed the window for the appeal stating that they "miscalendered the appeal period at 30 days rather than the 20 days". Well, obviously they don't know Oregon law very well because I was told that it has always been a 20 day appeal period. So after the appeal period was over, Suttel & Hammer filed a big huge Motion to Vacate based on the fact that they screwed up and wanted another shot at me. Judge said no, and I was awarded court fees and have no liability to the alleged debt. I was never given the chance to DV, but in my case, it went VERY well. It helps that Suttel & Hammer is a 5 hour drive to where I am in Oregon, so I think they just thought that they wouldn't have to show up and they could file a MTV and it would be granted because they are attorneys. A couple of questions that I really wanted to know in my ADR: Please provide documentation that you are authorized to bring this suit on behalf of Chase Bank. I was bummed that I didn't get the chance to ask that. I also wanted documentation that the debt was mine. If your debt was sold, I would challenge that fact alone because you do not owe anything to CACH, LLC. Go to the ADR with the ammunition that you have - the cc isn't yours and never has been. Remember, THEY have to prove their case, don't do it for them. Have documentation for your defense, but don't play your hand early. Suttel & Hammer are not the brightest bulbs in the city. Let me know how it goes! Would love to hear that someone else handed these guys their a$$ on a platter like I did. Oregonactor
  13. I haven't been on the forum in a long time, but check in once in a while. I do not remember what your case was, but I may be able to help since I went through this a few months ago in Oregon. One question...are you going to arbitration or STATE MANDATED arbitration? There is a difference in Oregon. Some of the courts call it Alternate Dispute Resolution or ADR. Are you truly going through arbitration using JAMS or another arbitration forum? And who is the plaintiff in your case? I don't know if I can fully help, but I may be able to help you with a few points here in Oregon. Oregonactor
  14. Check your email. Sent you what you need to help you write your answer. Oregonactor
  15. After spending eight years as a funeral director, I have done my share of military burials. Your cousin will always hold a place of honor in my heart for fighting a fight so that we here back home can continue to live in the land of the free. Thank you Paul for the ultimate sacrifice. And thank you for sharing your loss with us.
  16. Look at the 623 Dispute Method information in the header of this forum. Very helpful. And do as much research as you can on the 623 method. You have to dispute with the CRA's first and wait for their response before you take the next step. It is a long process, but Experian admitted to me tht they only verified the information electronically. They never spoke to the OC and the OC as of July 1, 2010 is required by law to do an investigation. Be sure you send everything CMRRR. Yes, it costs more money, but in the long run, you protecting yourself is much more important than $5.80 to mail something. Good luck!! Oregonactor
  17. You did Massive. And it appears once again that you are right. Just wanted the OP to know that he can get some violations racked up if he steps correctly. Thanks to you, I have done that and I think I have some pretty solid violations in my case. Couldn't have done it without your guidance.
  18. Bloomingfern, First, don't freak out. This forum was a great help to me in calming me down. In fact, one of my new friends on this forum sent me an email letting me know that you were seeking help from me. So this forum is a great tool for you - win or lose. The answer to your first question is a standard answer: I never admit to a debt that can not be proven that it belongs to me. Second, I would have to look back and see exactly what my answer says. I don't recall at this moment and I am not near the massive notebook that holds all of my case information. However, I would be happy to look tonight when I get home and give you some of the points from it. It was a standard answer though and there are many examples on this forum that are very similiar to what I had submitted. What I will tell you is that depending on what county you are in, you may get assigned to ADR - Alternate Dispute Resolution. This was a court mandated process, so I did not elect arbitration or anything else. I followed what the court directed me to do. My case was over very quickly and it was in my favor, however the outcome could have been very different. After the case was awarded to me, Suttel & Hammer filed a motion to vacate based on some errors by them, and they admitted that. I was VERY fortunate to get a judge that threw out the motion. It was a crap shoot that I won. I will be in touch with what my answers said and will help as I can, but you need to do the research for your county and find out everything you can about what can happen. Knowledge is your power. Oregonactor
  19. I know it is better to dispute in writing, but it does not mean that the person doing the investigation is doing what they are supposed to do either. I sent in a letter to all three CRA's. I sent the letters CMRRR. I sent in a copy of the judgment that was awarded to me releasing me from all liability from the alleged debt. The judgment was signed mid-May. I sent my letters late June. All three reports came back as verifying the debt as of July 2010. I will send a MOV letter on Tuesday and this time will include a certified copy of the judgment papers and remind them that they are reporting false information. I will also be calling the OC and recording the call to see what they have to say. I am really leaning towards the fact that the OC had no idea that I was sued by someone claiming to be the "attorney of record" and they lost the case. By the way, I was awarded fees back, and have received those already from the CA. So interesting this world of credit cards....
  20. Okay....so I won a default judgment against Chase Bank back in May. In June, I sent a letter CMRRR to all three CRA's along with a copy of the judgment papers asking them to remove the tradeline immediately and permanently. I received back from Experian and Equifax their report today and the tradelines are not removed and they both say that the debt has been verified by Chase. So now my next step is to send a letter CMRRR to Chase along with a copy of the judgment papers demanding that they remove the debt. However, somewhere I swear I read that if the OC continues to validate and report the debt to the CRA's that it is violation. My judgment was signed May 17th and according to this report that I just got, as of July 2010 the OC is reporting the debt as valid and that it belongs to me. Is this not a violation or am I just dreaming? The Equifax report says that if I have additional questions about this item then to contact Chase directly. Well, I will be happy to but not until I get my hand held recorder and record the conversation. I know I am in a two party state, but I have no problem telling them that I am also recording the conversation. I will also drive to my county seat tomorrow and get another certified copy of the judgment to have in my hand before I call them. Is this a violation that I have a judgment against them, the CA has already paid me my award fees, and the case is closed. But the OC can't continue to report it, right? And they can't say that it is a valid debt two full months AFTER the judgment has been signed, right? Or am I all screwed up with my thinking? Any and all advice would be appreciated.
  21. Feel free to be as smug as you want. A win for the little guy in this day and age is a reason for all of us to be smug.
  22. Well, I had my doubts, but in the mail today was a check along with a Full Satisfaction of Judgment and Release of Judgment Lien for me to sign. Thanks to everyone on this forum for the support and encouragement during the suit. I will continue to just kind of hover around and wait to see if anything else comes up in my life that will need this forum, but until then, I'm just going to read and throw in my two cents every once in a great while. Good luck to everyone who reads this, and know that there are people out there who are supporting you and will help you along the way. Hayu Masi! (Native American for Many Blessings)
  23. I do have a signed judgment in hand stating that the fees were awarded to me. It hasn't been the 30 days yet that I gave the CA and there is nothing more he can do to me in the courts. As of today, he still hasn't paid and he only has until next week to do so. He may be waiting for the last minute, I don't know. But if I don't get anything, I will talk to an attorney and see what can be done.
  24. Long story short, I won my case against a CA who claimed they were the "attorney of record" for Chase Bank. I was served, filed what I was supposed to, paid the fees I was supposed to, showed up at the state mandated arbitration and ended up winning because the CA didn't show. The arbitrator awarded me my fees back in her decision. The appeal period came and went. The CA filed a motion to vacate the judgement based on several false statements by him and also by admitting he calendered the appeal period wrong. The judge promptly threw out the motion and upheld the arbitrators decision and my award. Mid June I sent a CMRRR letter to the CA informing him that he had 30 days to pay the judgement. I do not expect hm to pay it. My next thought is after the 30 days I gave to the CA, I would contact Chase and demand the default award from them. Again, sending the letter CMRRR and will also include a certified copy of the judgment in the letter to Chase. My question is this: if Chase does not pay within the alloted 30 days, do I then sue Chase? I think I would have to file a motion to compel payment, and will research that when I need to. At this point I'm just researching what my next steps would be if the CA does not pay and if Chase does not pay. When I sent the letter to the CA demanding payment, I also sent letters to the 3 CRA's along with a copy of the judgment demanding that the tradelines be removed. Haven't received any word back yet on that one. I'm tempted to call Chase and see what their records indicate since two days before the arbitration hearing, they had no idea that I was going to arbitration nor that I had even been sued. The "attorney of record" that was suing me was not the same attorney that Chase had in their computer. Just wondering if they caught that up or not.... Any advice on what the next steps are that I need to research would be greatly appreciated.
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