basketcase

Members
  • Content Count

    103
  • Joined

  • Last visited

Community Reputation

10 Good

About basketcase

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    AZ
  1. Sorry haven't disputed anything yet, when I dispute is that with the credit bureaus?
  2. So on the credit report PRA lists itself as a factoring company and that it is an open account. I've been reading other posts regarding these issues but no definite answers as to if they are violations. Any input on this?
  3. Thanks for the input everyone. I did win one lawsuit last year with everyones help. It was my first case and I never had counterclaims, actually I never really looked for violations so I am a little confused on what to look for. Even though I did a good job at trial after the judge denied my MTC arbitration as she said she was a better arbitrator. I still get sick thinking about doing this all over again. So I decided to elect arbitration and initiate before being sued this time. After the atty's 1st letter I sent a simple DV letter including electing arbitration CMRRR to the atty and PRA. The atty sent me a statement 60 days later and I then sent an arbitration election letter (probably didn't have to send another one) to both again CMRRR. So thinking about initiating since it is only $50, which is why I am trying to find out if there are any violations yet! No landline any longer so no phone violations. The debt is under $1,000.
  4. Sorry Coltfan it is the second letter!
  5. Yes on the heading, No on the disclaimer, It is the 2nd letter dated 2 wks after the first one, The first letter did include this "We have not, nor will we, review the details of your account status, unless you so request in writing." I responded to the first letter with a DV letter disputing and electing arbitration.
  6. I just received a form letter from a law firm there is no attorney signature or even a name just the firm name. I have been reading the FDCPA and I am thinking this is NOT a violation but, thought I would ask to be sure. "As you should be aware our office was hired to collect the debt you owe. We have received information that you are employed, own property, or you fit criteria which makes your account otherwise suit worthy. Our client has authorized us to file a lawsuit if necessary." They also mention they will request court costs for filing fees and if authorized request the court to award attorney's fees. This same firm does have a credit inquiry on my credit report can they do that or can only the creditor/debt collector do that?
  7. I just recently beat Equable, it was for Chase also. They really have nothing to win and if I could beat them so can you! And close that account NOW!
  8. And a big thank you to this forum what a blessing for those of us who are new to our new found "nightmare". Especially thanks to those who took the time to offer comments to my posts: Linda7, debtfighter, 1stStep, Seadragon, BV80, Skippy1960, Jackson212 What a great education that I am hoping I do not have to use again, but you never know!
  9. Actually it was Equable Ascent Financial and the attorneys were Gurstel Chargo, and they are.......well I won't say what they are on here since I am a lady!
  10. She did make a comment that each side was to bear their own cost. I did not have counterclaims does that matter? Even so just glad it is over.
  11. 1stStep, Thank you for the clarification, I guess I was so use to reading everyone talking about dismissal's that is all I was thinking about. It is a good feeling, even though I really did not do much talking.
  12. Well my trip to the courthouse did not start out well I had been awake for 23 hrs with not a wink of sleep. When I was driving I evidently was in a trance because I suddenly realized I was on the wrong road and had to turn around and find another way back downtown, then I turned right on a one way street with lots of traffic coming my way....now I know how those little 80 yr old snowbirds feel when they venture out in traffic. I was the first person to be heard after lunch, that was not a pleasant feeling! The attorney that showed was not the same one so that was good! This attorney asked me if I wanted to discuss a settlement before anyone else came in the room. I politely said no thank you! He said, "ok" and pulled out his papers and spread them all over the desk he looked so busy and I believe was trying to intimidate me! But I was still prepared! I studied my MTC and the Opposition to their Response to my MTC, had my outline all ready as well as exhibits. I felt so confident that I had it nailed that I really wasn't worried about the trial itself because I was sure it would be stayed. About 10 or so people entered and took seats boy that makes you nervous with all those people sitting behind you watching and listening. The same Judge came in made all kinds of small talk, she talks very softly but she sure can chatter up a storm. I couldn't hear half of what she said. She started to look through the file and once again made some kind of comment about how thorough I was, she then said she noticed that there were some motions to be addressed and then proceeded to ask the attorney why he filed a MTC arbitration. He then said that they opposed the motion as they were to far in the litigation and had incurred great costs and time, blah, blah, blah and that the Defendant had not even initiated arbitration or paid the fees. I objected and said "your Honor here is the Jams Demand that I initiated and I have not paid the fees as I requested per the contract that the Plaintiff forward the fees". So I said "no your Honor I filed that motion". She said "can you explain why you would do that so late in the suit". So I proceeded to explain how I never received an agreement or any other authenticated documents even though they were requested in Discovery. Through my own extensive research I found that the Plaintiff Equable Ascent Financial had this alleged account that was sold to Hilco Receivables by Chase Bank whom acquired the account from WAMU whom acquired the account from Providian and then after looking at Providian's account agreement I discovered that there was an arbitration clause, had I not been deprived of this agreement from the Plaintiff I would have motioned for Arbitration sooner. I tried to move on and she stopped me and gave a very long and I mean long speech on why she was going to deny the MTC. She explained how she is a better Arbitrator and more fair than anyone else and was giving a long speech of why that was and to tell you the truth she rambled so much I have no idea what she was saying for most of it probably because I was fuming not to mention tired beyond belief. I actually tried to interrupt politely of course and she stopped me before I spit out a complete word, and said "stop MTC DENIED". I was relieved that I checked before the case that all cases are recorded. She then asked the attorney to present his case and I once again tried to interrupt to mention she had not ruled on my MTS the Affidavit but, she stopped me immediately and told him to proceed. He got a couple words in and then she interrupted him and said why don't we start with your telephonic witness. He said "your Honor, the witness was unable to attend today"! I immediately said your honor If may I object and ask the case be dismissed as there is no witness to attest to the facts and to cross examine. Once again I have no idea if that was the way to say it but, that is what came out of my mouth. So she said and how do you respond to what the Defendant has said? He said "your honor I do have a witness the Defendant! So she swore me in and made a long speech again on how he is permitted to do this blah, blah, blah! So, he said "state your whole name and full address". I did, and he said "now please read the name and address on the top statement that I just handed you" and I did. He then said "so then you admit that these are your statements". I said "no these could be anyone's statements made by anyone or altered by anyone on any computer, just because my name is on them does not mean they are mine as they have not been authenticated by someone with 1st hand personal knowledge. Again, not sure if I said it right as I was so nervous but, he never stopped me. So then he said "do you see the payment on the statement" and I said "yes I do" he said "then you admit that this is your statement" I said "no, do you happen to have the cancelled check or transactions form of payment used to make this payment as I am looking at this and I can't see who made this payment, how it was made or if it was ever made so how can you make that determination, and once again has this been authenticated"? He says they have been authenticated by the Plaintiff's affidavit and I said objection, the Affiant whom created the Plaintiff's affidavit is an employee of the Plaintiff with no 1st hand personal knowledge and the Affiant is not here to cross examine on the authentication of these documents". He then starts to go into the hearsay and business record exception rules and she stops him and she tells him he is not understanding the rules so she went into another long speech and explained the rules in detail to him then she told him that the Defendant was correct in that he had no witness to cross examine on the authentication of the records and that his interpretation of the rules is incorrect . When she was done he started to pick up what looked like the Generic Bill of Sale and then paused and said the Plaintiff rests your Honor"! She and I both were stunned and she said are you sure? He said "Yes your honor there is no point in going on as the Defendant will just object to my other documents as well"! She said fine, I am a little disappointed that the case was dragged out for an entire year and you were not prepared with your witness. She then started typing in the computer he packed up and started to leave and she said "where are you going" you need to wait for the decision. After she was done she again went in to a long speech and told him how fair she is and that all he had to do was ask for a continuance and she would have granted it even up till the end when she said are you sure. He said "i will inform the Plaintiff that they did not provide me with what I needed". So this is what the form she gave us said: The Court, being fully advised in the premises, finds the Plaintiff IS NOT entitled to recover by complaint. Defendant's motion for arbitration is denied as being untimely. Plaintiff's motion for summary judgment is denied as the Defendant raises issues of dispute of fact. Plaintiff calls the Defendant as its witness. Plaintiff rests. Defendant rests. The Court finds that the Plaintiff failed to prove the allegations named in the complaint. Judgment is denied as being in favor of the Plaintiff. Each party is to bear his or her own costs and attorney fees. The court website has nothing posted there yet, so should I be able to tell from this if it is with or without prejudice?
  13. You are awesome Linda, your always go the extra mile with your explanations to help those of us struggling to understand. THANK YOU!