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Everything posted by nickysduck2

  1. Thanks. Im gonna keep mailing the OC checks and I guess I will just not bother doing anything else with the CA. I have another medical debt that was also just sent to collections as well that I never missed a payment on.It is a higher amount around $6000 and was sent to NCO Financial. I have not requested validation on this one yet. Should I just keep paying the OC on this one too and just not bother to even respond to NCO's letter that I have 30 days to request validation?
  2. I am not trying to avoid paying this debt but I would rather pay the original creditor and can only afford small monthly payments. The last 2 payments I mailed to the orginal creditor were cashed even though the account had already been sent to collections. Those 2 payments were reflected in the statements the debt collector sent me. I do not like talking to these folks on the phone so if I just continued mailing monthly payments to the OC and explain to the debt collector in a letter that I refuse to pay them but am still paying the OC what would happen? Im trying to avoid a lawsuit.
  3. I requested validation from a debt collector who sent me a letter about a medical bill I owe and was making small monthly payments on.I requested they send me proof they have been assigned the debt or own the debt as well as any signed agreement with my signature and how they came to the amount they claim I owe. Over a month later and without any sort of delivery confirmation, they finally mailed me a letter showing all the payments I made and the services that were performed but there is no proof they own or were assigned the debt and nothing with my signature in the validation they sent me. The amount owed is around $1950. I was just gonna ignore these folks but the fear of a lawsuit is in the back of my mind so I want advice on how I should.proceed. Thanks! DG
  4. I sent them a dv letter and asked not to be contacted by phone,only mail. Just mailed it yesterday.
  5. My other check was cashed as well.This makes 2 checks they cashed after sending the account to collections and they never mailed me anything to acknowledge those payments,yet I just got another letter from the debt collector that is the same exact one I received before giving me 30 days to request validation.The balance did not reflect my 2 payments to the oc. This leads me to believe the ca is in-house and they may have assumed I never got the first letter since I paid the oc instead. I do not want to call any of them because im not good on the phone. I just mailed a dv letter to the debt collector with signature confirmation. I was gonna mail a letter to the oc requesting they remove the account from collections and allow me to continue paying them directly but I feel I need to wait and see if the ca validates first. I hope Im doing all this right. I have a history of all the payments I was making. The payments were small ($10 a month) but we are struggling and I sent what I could afford.
  6. I have not called them. They did cash my check though and I am wondering if I can mail them a letter with another check requesting that they pull it from collections and allow me to continue paying them directly? I mailed them another small check today with no letter just my account number. Im not good at wording things when on the phone.
  7. My husband had surgery back in 2011. He is uninsured and we set up payment arrangements with the hospital, doctor and the anesthesia people. I have made those payments for the past 2 years but missed a payment to the anesthesia people last month and they turned the account over to collections. I just mailed them a payment 2 days before I recieved the letter from the collection agency telling us we have 30 days to dispute the debt. The amount of the debt is $1995. My husband already has a child support garnishment on his paycheck. In the past I have ignored medical debt that went to collections and never had anything happen until eventually the sol expired. Being that this amount is bit larger im concerned about my husband being sued. My questions are first, what does it mean if the orginal creditor cashes my check I just mailed after sending the account to collections? Also, I have my phone set up to say the number has been disconnected when someone I don't recognize calls and I have no intention of talking to the debt collector, but what if i just mail them a $10 check and they cash it? Does that mean they accept my terms and I can continue to mail them a check every month and avoid a lawsuit? What if I just ignore them and continue paying the oc anyway of they cash my check? What is the likelyhood of a lawsuit given the balance and my husband's child support garnishment in TN? Just want to weigh our options. I read somewhere that since the agreement was with the original creditor and there is not an agreement wit the debt collector that they can not sue. Im a bit confused on what to do here. Thanks L.W
  8. In the FDCPA Part 807 2(A) -The false representation of the character, amount, or legal status of the debt.Can't I argue that filing a lawsuit is a misrepresentation of the legal status based on the language of the contract that waives a court of law as an available venue?
  9. I need a copy of the HSBC cardmember agreement naming JAMS.I have read in numerous other forums that one exists but my search for it has not gone well.If someone has a copy I would appreaciate a link to it. Thanks!!
  10. Thats why Im here at this forum so I CAN be ready. Im am reading all i can and need all the help i can get.Im certainly not experienced in this situation and welcome any and all advice.Do you have any suggestions?
  11. They violated the section of the cardmember agreement that states if them or i elect arbitration neither of us has the right to litigate a claim in court.
  12. I called the court and there is a suit against me scheduled for late this month.I was told I can go to the sherrif's office to pick up the summons instead of being served.I have never been sued before and this is scary but i feel confident i can avoid a default judgment.I have all the proof i need that they violated my fdcpa rights by litigating in court after i selected arb. Im also thinking i may have them on another violation.Calvary portfolio services is the CA who purchased my debt from HSBC.When they first notified me they were collecting the debt I requested validation and asked that they prove the debt was mine and that they have the authority to collect on this debt and they responded by sending me several credit card statements. Thats all they sent as validation.Several months later when Calvary's lawfirm contacted me to inform me they had been retained to collect the debt for Calvary they gave me 30 days to dispute and that is when i sent them a DV letter electing arb and requested validation which included proof they own this debt,the debt is mine including statements going back to a zero balance and anything with my signature.They never sent me anything at all.They never responded. Don't they have to validate as well?
  13. I defaulted in 09 and the arb clause was in effect at that time.
  14. I have a copy of the cardmember agreement that states the arbitration clause.It clearly states that "if either we or you elect arbitration,neither you or we shall have the right to litigate that claim in court." I elected so they have no right to litigate or sue me in court and are anyway. This is a violation and I will use it to my advantage.
  15. I honestly don't know when the complaint was filed.I recieved a letter from Calvary's lawfirm back in October telling me they had been retained to collect the debt and I immediantly dv'd them and elected arb. I was shocked to get a solicitation letter from a bankruptcy attorney telling me there is public record of me being sued by Calvary but had they not sent that solicitation letter i'd never have known.I am going to call that attorney and ask her when the complant was filed today and see if she will tell me.Not sure what the law says in TN but i clearly elected arb and mailed it with delivery confirmation and can prove they got it so they are ignoring my arb election.
  16. How long does it take for me to be served? If there is record of a complaint in public records why have i not been served yet? I am so worried about my checking account being seized.
  17. I just recieved a letter in the mail today from local attorney who is seeking to retain my services.She claims that public records indicate I have been sued by calvary portfolio services although I may not have been served yet.I have not been served and want to stop this.I did recieve a letter from a local lawfirm back in october saying calvary portfolio had retained them to collect the amount I owe and that i had 30 days to dispute.I did dipute and sent them a letter back disputing the debt and invoking my arbitration rights so why are there public records stating that i am being sued when i elected my arb rights? What do i do? I have not been served anything.
  18. I recently found numerous articles online about how Wells Fargo and their in house appraisal company Rels Valuation have numerous law suits against them for inflating apprasials on their home loans just to get them to get approved.My loan is through Wells fargo and I closed in 2006.Back then I had tried to refinace my loan through Countrywide but was denied because the 2 apprasials they had done on my home came back too low.One was around $111,000 and the other was about $118,000. We called Wells Fargo just a couple weeks later to see if they could help us and in less than a week they had us approved for a loan.Their appraisal came in at $156,000 and was performed by Rels Valuation. Flash forward to today. We are struggling to make the payments, are just coming out of a one year forbearance period where the payments were modified and are now returning to normal and we owe more on the home than its worth. It's in desperate need of repairs and We can't afford them because the payment is too high.We have lost income since closing the loan and make less money. I can not find the copies of the other appraisals I was given from Countrywide back in 2006 and the apprasial company( landsafe) won't provide me with a copy either but did confirm they have them on file. I also had a forensic audit performed on my home loan through a HUD agency called NACA.They do these audits in an attempt to make mortage companies feel more persuaded to negotiate with loan modifications ect. They found several violataions in my closing papers that specifically prove Wells Fargo was neglegent in other areas as well.I can not afford to hire an attorney because we are struggling financailly, but does anyone know what I can do with this information or if/how I could use it to maybe get my payment permantly reduced? I hear that fighting a mortage company is a waste of time but It's sick that they prey on us consumers and we take it laying down! Any suggestions would be much appraeciated. D.W
  19. I got a home loan with Wells Fargo Financial back in 2006 and the original loan had a fixed rate for 3 years that would adjust after the 3 years.A year ago my husband and i went through a group called N.A.C.A ad got our home loan modified for one year.Our payment dropped by $300 per month and the forbearance agreement that Wells Fargo sent us clearly states that the interest rate charged during the forbearance period and after will be FIXED. They put fixed in all caps on the contract. It states that the rate will be FIXED at revert rate 7.8800% at the end of the forbearance period. The forbearance period is up on September 9 2010 and I recieved a letter from Wells Fargo telling me that our payment will return to normal and that if we had a varibale rate on our original contract our interest rate may change according to our original note. how can they tell us our rate will go up when the forbearnce aggremment clearly states our rate will be fixed after the forbeance period? What can I do?
  20. Thanks so much for all the info.I live in the backwoods of TN and do not have highspeed internet in my area so im stuck with dial up and had a problem getting the discover cardmember agreement to load. I plan to write my letter and get it in the mail this week.Still have'nt decided what im gonna say.I think now I'll just state that Discover lacked the ability to develop resonable repayment schedules as my reason for initiation at your suggestion. Im gonna get it notorized too for the hell of it.Where do I get the JAMS initiation paperwork to send with my letter? I'll post the letter on the forum when im done to make sure i did it right.I really do appreciate your help! D.W
  21. Thanks for all the great info.Let me make sure I have this right.Instead of offering a payment amount I need to just send Discover a letter by certified mail saying I elect my right to Arbitration as stated in my credit card user agreement and that I wish to use JAMS as the Arbitration firm? Is this all it needs to say and do I have that correct? I plan to type up the letter today and get it in the mail Monday.I greatly appreaciate the help more than you know! Bless you so much for taking time to help me! D.W
  22. Since Discover is planning to sue me directly and I have never sent them a debt validation letter or disputed the debt, would arbitration work for me? I can afford to pay them $35 per month which was what the payment was before i fell on hard times and defaulted.They added $1000 in fees to the amount.I only owed around $1000 orginally but simply could not pay.If I write them a letter and explain this and offer to pay $35 per month can I also tell them in the same letter that if they can not accept my offer that i invoke my arbitration rights? Thanks!
  23. Not sure if this is the correct forum to post in, if not then sorry. I have an unpaid Discover card and have received a letter from them threatening a lawsuit (Attorney Placement pending letter) if I don't make acceptable payment arrangements by a certian time.I am self employed as a home daycare provider and have been for 13 years.My income can't be garnished and I can easily take my name off my joint checking account with my husband.My husband is not listed on the discover card.The balance is $2064.51. We live in TN. Im simply unable to offer them a settlement because I have no money which is why I stopped paying them in the first place.Our bills exceed our income and we do good to just keep our home and eat. I was gonna offer them $20 a month but was told they'd laugh at me. I have no assets as everything is in my husband's name except a 15 year old nissan truck and an 18 year old car that is in both my name and my husband's. I feel if it does go to court they still would never see a penny if they get a judgment but I still don't want to go to court because im scared and embarrased at my situation and afraid to face a judge. I also do not want take my name of the checking account as it would be very inconvieneint.We are struggling and need every dime to keep our house payment paid. i am not simply trying to avoid paying. I have read about the Election of Arbitration letter online and still can't understand it.Can I use it to stop a lawsuit by Discover from being filed so I would not have to go to court? Discover told me to contact them by July 31st 2010 to make acceptable payment arrangemets or else my account would be placed with an attorney. Should I send them an Election of Arbitration letter instead? If so where can I get one and what needs to go in it? There is not a lot of info online on how this process works and I have been unable to find a sample abritation form to use. I can't find my Discover user agreement either but do remember reading about the abitration rights after I first received my card. Can someone please help me understand how to do this and what to expect afterwards? I only have short time to respsond to them before they sue. I need help as soon as possible! Thanks so much for your time. Blessings to everyone. D.W
  24. Ok, so I will just ignore collectcorp but how long will I have before bank of america decides to sue me? Should I call them up and offer to pay them the $75 per month or not worry about this? I have lots of other debts.A mortgage,another high credit card in default and I never recieved any validation on,a car payment thats current,lots of unpaid medical bills at $192 each which I doubt I would get sued for being that each bill is seperate and two other credit cards that are current but have very low monthly payments and balances.I also am making payments on one medical bill for some tests I had. My wife also has her own credit cards in default but she is self employed and not worried about being sued.I was just concerned about being sued and getting a garnishment on my paycheck.I thought collection agengies were assigned debt and they were the ones who sued.I read lots of stories from others who were or are being sued by ca's so thats why I was so nervous.I thought the original creditor was'nt the one who sued. So I have that wrong? This is so scary.l was trying to avoid bankruptcy because I honestly don't want to go through the process of filing nor can I afford to file.Thanks so much for your help.