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Everything posted by nickysduck2

  1. My collection letters from PRA say Dell CIT on them. I thought per the arbitration clause that once I elected arbitration and made the plaintiff aware of that it had to be thrown out of court. If they don't drop the case is'nt that an FDCPA violation?
  2. I just learned yesterday that I am being sued by Portfolio Recovery. I am in TN. The court hearing is March 23rd. I have never requested dv. I ignored them completely and hoped they would go away. The debt is for a Dell premiere account with CIT. The amount is around $2400 and there is an arbitration clause but I am unsure if I have a correct copy of the cc agreement I need.I need a 2015 one and someone sent me one but there is no date mentioned anywhere in it. I have been to court over credit cards before and used the arb clause to win 2 other cases but that was several years ago and I'm rusty. In my court answering a summons by mail is not required or permitted. Instead you just appear on the court date . The judge makes everyone in court that day spend 30 minutes before court talk to the plaintiff to attempt to work out a payment arrangement. After that anyone who does not reach an agreement gets called one by one before the judge. This is what scares me. The other 2 cases I was sued over never got this far. The most memorable one was for an hsbc card. I requested dv and elected arb first and they sued me anyway. I responded by typing up a MTC and getting it notorized. I sent a copy of this certified mail to the plaintiff and I can't remember if I sent a copy certified mail to the judge or not so I'm confused on that. Anyway, they wrote me back and said it was too late to stop the court hearing but would have it thrown out and when I showed up for court they did as they said they would. This case was dismissed and in arb they also dismissed it because t would cost them too much to pursue it. Now I am being sued again and have never even requested dv on this debt. I want to elect arb on this as well like I did last time in hopes it gets thrown out of court. I have not even been served yet! I found out about this suit from an attorney who sent me a letter to solicit my business. I called the court house and the clerk confirmed it and gave me the court date. I asked her if I could mail a MTC arb to the judge before the court date and she had no clue and told me to call the Portfolio recover attorney. My question is can I send the plaintiff a MTC arb like I did last time and hopefully get this thrown out of court? Also can anyone provide a 2015 Dell CIT agreement? I have one I think is 2015 but I want to make sure I have the correct one. I have attached it below if someone can confirm I have he right one.The writing is so small I can not find the date. God bless you for all your help!! Dell_Citibank_agreement_from_debtor_boards.PDF
  3. This letter is verbatim and the statue of limitations in TN is 7 years. I googled this and there are numerous other complaints from people saying this is a scam. I am pretty sure this account was from 2008 and the sol has already expired.Given that it is not showing on my credit report and items are removed from the credit report after 7 years I feel this person is trying to scare me into paying, especially after reading all the numerous other complaints online.
  4. I took out an online payday loan several years ago between 2008-2010 and defaulted on it due to unemployment and simple inability to pay. I closed the bank account the payday loan was deposited to and have not heard a peep about it until today. I got this threatening email below and have edited out my personal info but just want to ask if anyone else has gotten an email like this and should I be worried? I have never been sued over this but they are threatening to sue. Can I do jail time for this? I pulled my free credit report to see when this loan originated and it is not even showing up on my credit report so the statue of limitation may have expired already Im not sure because i can't see it on my report. Can someone help me makes sense of this please? Here is the email......I have edited out my personal info but everything else is copied exactly as they sent it to me. FINAL AND LAST CHANCE TO GET SETTLE THE CASE #SD5-987485 Personal oinfo edited out UPDATED SETTLEMENT AMOUNT $270.24 Your case file #edited are handling by LEGAL DEPARTMENT OF ACE Cash Service, So now you may cooperate them in order to resolve the case file #SD5-987485. You can reach for further more information. BEFORE YOUR CASE FILE #edited WILL BE DOWNLOADED We are talking about the loan that you took with the company due to penalty charges, interest charges and attorney charges the amount rises up to$1050.50 , and they do have a signed copy of the contract which is signed under your e-mail address edited and SSN also would like to mention your computer's IP addresseditedwas also traced. When you were signing the contract with the company. The company have more than 14 technical evidence in order to prove the money was successfully deposited into your bank account #edited. Talking about the creditor Ace Cash Services is the mother company which owns & operates more than 1175 parental payday loan websites CASH NET USA, CASH AMERICA & 500 CASH ADVANCE etc. And you have used one of them to get this loan approved. NOTE : KINDLY LET US KNOW IF YOU ARE WILLING TO RESOLVE THIS CASE SO THAT WE CAN OFFER YOU THE SETTLE AMOUNT OF $270.24 AND IF NOT THAN WE HAVE TO DOWNLOAD THIS CASE FORCEFULLY AGAINST INTO THE COURT HOUSE. INFORMED TO YOUR EMPLOYER PLACE WHERE DID YOU WORKED. NOTE: IF YOU IGNORED THIS EMAIL AND FAILED TO TAKE CARE OF THIS DEBT THEN ALL OF YOUR BANK ACCOUNTS WILL BE SEIZED THRU MAJOR CREDIT BUREAUS WITHIN NEXT SEVEN BUSINESS DAYS THAT’S WHY YOUR CO-OPERATION WOULD BE REALLY APPRECIATED This is in reference to your Case File edited with ACE (ACE CASH SERVICES) in order to notify you that after sending several emails and we were not able to get hold of you. So the IC3 (Internet Crime Complaint Center) has decided to mark this case as a flat refusal and press charges against you. Once your case file forwarded by us ACE legal department, you account will be considered as not paid anything because you have never did any reply from a long time. After taking action against your name and SSN your case file will be forwarded to the courthouse. And once you found guilty into the court house than you have to bear the entire cost for this law suit $4518.15 which is excluding loan amount, attorney's fees, and the interest charges. if you failed to update us with cooperate us then be ready for going into jail under FDCA for 3 Years, and We will seize your all bank account and hold on SSN, Your account with ACE is in Final Collections. According to our records, your outstanding balance was $1050.50 So, we are just giving you a last chance that if you just make a payment by today or tomorrow then we will close this account as paid in full with zero balance. We do hope that you will work out with this offer. Or, else we won't be able to help you out. Do revert back if you want to get rid of these legal consequences and want to make payments within the next 48 hours or else the case will be downloaded against you. The opportunity to take care of this voluntary is quickly coming to an end. We would hate for you to lose the option of resolving this before it goes to the next step which is a Lawsuit against you, but to do so you must take immediate action. You can avoid this by taking care of this now. It is quick and easy: Do reply us right now and provide us the date on which you can make the payment. If you do not take immediate action we will be forced to download this case against you and once it is downloaded the creditor has entire rights to inform your employer regarding this and if you are found guilty under the bench of jury then you have to bear a law suit which will be amounting to $4515.85 and will be totally levied upon you and that would be excluding your bail charges, your attorney charges and the due amount pending on your name $1050.50 Thanks for being our customer, Best Wishes, Settlement Department ACE CASH SERVICES August 4 2015
  5. Thanks again for your help. My husband is uninsured so no insurance was ever involved or applied. I will write them and hope they will settle.
  6. I appreciate your help Clydesmom. I guess I am confused with how validation works.As i mentioned before,the account number the attorney had on the original letter was incorrect and I was hoping to get some form of proof he had the correct account and never expected he would just go ahead and sue without providing that. It seems now all we can do is contact him and offer to settle before the court date. I am not good on the phone at all and my husband is simply not one who talks on the phone period so I will have to write him and hope he will accept payments or maybe a settlement offer of less than the original amount. I can pay $200 if he would take it. Would it be unwise to put this in writing with delivery confirmation? Also what about this little issue of him having the wrong account number on his original letter? Do I point that out to him in my letter?
  7. I requested validation of this debt with proof of receipt and instead of the lawyer sending me the validation I requested he sent a process server with a summons to our house.The court date is in Feb.I thought he had to validate before he sued? He did'nt even prove the debt was my husband's so I could even attempt to make payment arrangements. Is this a violation of the fdcpa? If so how do i proceed? We can not afford a lawyer.
  8. Thanks. I contacted the hospital and they said the debt has been sent to collections, will be off their books and out of their system in the next 30 days and I will have to negotiate with the collection agency. My question is why did the lawyer say in his letter me he represents the hospital when he does not? They don't own this debt any longer and said no attorney is representing them concerning this debt when I called. Why not be honest and say he either bought the debt and is trying to collect or represents the collection agency? Also when I called the hospital I discovered that the attorney has the incorrect account number listed on his letter and he also addressed my husband as a Ms in the letter and not a Mr. It seems this attorney is a rooky or not one who checks his facts before sending out letters. I will dv them then try to offer them a lower amount to settle the debt.
  9. My husband had a medical bill for $373.00 that was sent to collections. Long story short we fell on hard times and could'nt pay it. The bill was from about a year ago. Today I got a letter in the mail from an attorney who says he represents the interests of the hospital (I won't name them here) and he was asked by the hospital to contact my husband about his bill of $373.00. He addressed my husband as a Ms and not a Mr. The attorney then asks my husband in the letter to please send a check payable to him, not the hospital. It says please do not ignore this request for payment. It has the standard debt collector statement at the very bottom. Ok I am smart enough to know he purchased this debt and is trying to make money off it which is why my husband is being told to pay him and not the hospital. It is not a big bill but we are still struggling financially and want to fight or call his bluff if we can.I understand some attorneys like to scare you into paying and I myself have dealt with credit card debt several years ago and won thanks to this forum. Medical debt is different though and im not sure how to proceed. My husband is not internet savy so I will be the one fighting this on his behalf. Should I request validation of the debt and if so after that then what do I do? My husband really does not want to miss work to go to court over this but we still don't want to give into fear and allow this attorney to scare us into paying if there is a way to avoid it.Is it likely he will be sued over such a small amount? Should I write and offer to make payment arrangements? The judge in our town always allows creditors to set up payments of what they can afford with the court before garnishing. If I offer to make payment arrangements with the attorney after he validates and keep copies of all correspondance and delivery confimation receipts will this keep it out of court? Thanks so much!
  10. Im actually happy about the arb agreement because It costs more to go through the arbitration process than the debt is even worth. I had a dIscover card that I defauted on back in 2009 as well and I elected arb on it.It was about a $1500 debt. The lawyers played hard ball with me all the way. I refused to back down and insisted on a hearing through Jams. Its cost thousands for a hearing and I am pretty much judgement proof Thanks to TN law so I knew it would cost them all this money and they'd never see a dime. In this case they ended up dismissing it. I got a letter telling me it is not cost effective for them to continue trying to collect on this debt and I have never heard anything else. That was back in 2011. I also had an HSBC card I elected arb on as well. These folks avoided my arb election and took me to court anyway. I showed up in court and proved I elected arb to the lawyer on the case.I got the feeling he was just hoping I would'nt show and he would get a default judgement without me knowing. ( I should have countersued them for ignoring my arb request but did'nt have the ability to miss work again to come back to court ) The case was dismissed and they never did send it to arbitration.My checking account is the only way anyone can collect from a judgement and TN allows you to list it as an exemption up to $10,000. Its typed written right on the summons in plain black letters. Of course I can always close my checking account before arb or a court case and that would guarantee them nothing as well. I am struggling financially like a lot of of others and do feel horrible that I had to default on my debt. I will never have a other credit card again! I did try to work with all my my debtors before defaulting but none of them would accept the payments I could afford. I think its just awful how debt collectors use fear and scare tactics to try and make a buck so this is why I don't even answer the phone or respond to the letters. I have found that that when I do they just keep hounding me but if I ignore them they eventually sell the debt to someone else or back off because they realize they are getting nowhere with there threats and they move on to someone who responds. I like to be prepared though and now that I have my orginal agreement I can use it if I have to.
  11. Yippi! I just found my original agreement with every last page of the arbitration clause in it.Jams is one of the firms listed and it also happens to be the most expensive. I feel confident I have them by the balls now! It clearly states BOTH parties must use arbitration to settle any disputes and not a court of law.
  12. Yes it was around $1400. I got a letter in the mail today from them and threw it in the trash.I know their tactics well and how they use fear to try to get paid. I have never requested validation on this. The last collector this debt was listed with left out the arb clause when I requested validation.
  13. The lender was Payday One of Delaware. I can not find my original agreement that includes the arbitration clause I only have the part that shows what I pay and the arbitration clause is not on it.
  14. Back in 2008 or 2009 I had an online payday loan that got to be a real problem. I kept up with the payments for a year but eventually called my bank to block them from deducting anymore money and I defaulted on it. The orginal contract said that in the event of non payment arbitration would used and I remember it said something about neither of us being able to take it to a court to be heard, arbitration had to be the method used. Im certain it said no courts. I am looking for my orginal contract to make sure but in the meantime I am being hounded by Kramer and associates over this debt.They like to play hardball and I have basically just ignored them to piss them off.I have not spoken to them at all or responded to their constant emails or the one letter they mailed me.This has gone on for about 3 months now. I am self employed,live in a non community property state (TN) and have no checking account in my name anymore so even with a judgement they would never be able to get any money. TN also allows up $10000 in personal property exemptions so im protected there too. I have gone through the arbitration process before and ended up having the case dismissed because it was gonna cost them more in arbitration fees than the debt was even worth so I am not scared if they do arbitrate since they will be the one losing money.They claim I owe $1400 and emailed me a final notice that I must pay within 7 days. I just want to ask if since the orginal contract said only arbitration could be used is that the means they MUST take to try and collect from me? They have not made any threats of court yet but I want to be ready in case they do! I read that Kramer was one of the most ruthless collectors.
  15. I called the hospital which is the orginal creditor of the NCO debt and they said they would pull the account back from collections and had no idea why it was ever sent there since I had a perfect payment history.This account is fine now and I am continuing to pay the hospital. As far as the other account Im just going to continue to mail them payments every month. Im not avoiding payment and I honestly feel they would look dumb in court to sue me when I am making payments. If they do sue then Im not scared. I have been to court before over a defaulted credit credit ( which I won) and know the ropes as far as my local court goes.I also have friends who have been as well and the judge who handles these cases is very fair. He will not issue a judgment on a person if they will agree to make payments on the account through the court first and since we are already making payments I feel I have nothing to fear. I am in Tennessee by the way and not sure if collectors can sue here but Im just gonna keep paying them and at least I can show the judge i have never avoided payment if it comes to that.
  16. Im afraid my temper will get the best of me if I call them and I will say something I might regret. I see they did cash the check I just sent them though. I do plan to write them a letter today and request that they pull the account from collections.Just trying to think about what i need to say in it.
  17. They did'nt leave a message so I will just wait and see if they cash my check. If they do I guess i will write them and tell them I am doing all I can to pay them and request that they pull the account back from the collection agency. If they sold the account then im not gonna worry about this anymore. Im not paying the collector a dime. From what I have read it is is orginal creditor that will sue and not the collector so if they sold the account then they got a tax write off for it and what are the odd of them still suing?
  18. The Original creditor I just mailed the check to just called me. I was not home and saw the number on the caller ID. I want to call them back but am worried about what to say. How do I handle this one?
  19. No I have not called the OC on the first debt but i have just continued to mail them checks.I know my balance though because i do have the very last statement they sent me before they sent the account to collections..When I requested dv from the debt collector they had record of the payments I had mailed to the OC as well and they adjusted the balance to reflect those payments.
  20. I just read that it is not wise for me to continue paying the OC if they are not sending me receipts or statements in return.This kinda defeats my purpose of avoiding a lawsuit and getting away from the collection agency by continuing to pay the OC. I just don't want to be sued but really don't want to deal with a collector either. Wow Im in a pickle here.
  21. Thanks. I have read whychat's method and it is a bit confusing to me in parts.I do not have the money to pay the accounts off in full. I did not catch the part about the personal checks and appreaciate you for pointing that out to me.I will make sure all payments I mail in the future are cashier's checks.
  22. What does it mean that they cash my checks yet do not send me a receipt as in the case of my first OC? I just mailed them another payment but don't expect the OC and to mail anything back. As long as they keep cashing my checks Im happy but I was wondering if maybe I should write them and tell them I refuse to pay the CA they sent my account to and will continue to pay them instead.
  23. Just mailed another payment to the first OC and am preparing whychats dv letter to send to NCO. Im gonna pay the OC of the account that holds the NCO debt as well. Thanks again!
  24. Thanks so much! Ok I think I get this now. As far as the first debt (The one I sent the dv letter to and they validated and sent me a list of procedures I had done) I need to just continue paying the orginal creditor? Do I need to write the CA or the OC a letter back and say anything else to them as to why Im not paying the CA but the OC? As far as the other medical debt that was just placed with NCO I need to send them a dv letter and wait for their response? I really appreciate all the help! Thanks so much:)
  25. What if I just do nothing with NCO and just don't respond to their letter? My only concern is being sued.If the OC sold the debt to NCO then does that mean they probably won't sue?