triplec

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Everything posted by triplec

  1. I am having a hard time grasping the next step after Plaintiff sent summary disposition despite not adhering to the Court order in a letter I received Oct 2013. ... Is there anyone here who might have a suggestion what the law requires? I keep reading everything but still confused. I am in a rural and there are not if any attorneys to hire with experience in this so I am doing this myself. Oct 2013 received complaint Oct 2013 End 21 days later.. -- I answered Oct 2013 End The court sent a letter with a date in April 2014 to go in front of the judge. Included in the letter was a sentence telling plaintiff to send all documentation related to the account and all periodic statements by a deadline date in Feb 2014. In addition all evidence needs to be submitted 14 days before trial. (April 2014) Dec 2013 Plaintiff sends big pack of interrogatories with only 1 year of periodic statements (missing 20 years of statements). Without going into boring details. Nothing in their documentation clearly shows they have a right to sue in Michigan based on my research on this site. I planned on submitting 20 years of spreadsheets breaking out interest and penalties, actual charges. These numbers prove I have paid off all charges and more. About 5% more. I only want to pay what is fair and nothing more. Jan 2014 I answer most interrogatories with denial (researching this website for assistance) and reserving the right to submit evidence 14 days before trial.(April 2014) Jan 2014 End Plaintiff files a Summary Disposition - ( claiming of course the answers were vague) There is a date at the end of February I am guessing it is to go in front of the judge? No more copies or info regarding the account. Questions: 1. I thought i had until 14 days before April trial to submit my evidence. 2. How can Plaintiff not adhere to the order in the court letter to serve all periodic statements and still send a summary disposition? 3. What do I need to file with the court? Do I have until the Feb date in the Plaintiff's summary disposition or is it 21 days after they send it?
  2. Thank you ... I am doing my research on your forums.. Many of the forum users have had the same challenges and I will follow those instructions. I found this on michbar article interesting when answering the discovery question. It seems these JBD's use this type of strategy.. http://www.michbar.org/journal/pdf/pdf4article958.pdf
  3. Ok,. I will keep this simple.. What is the best way to answer all the discovery questions if the Plaintiff has not adhered to the judge's request in the court letter sent after the summons and answer? Can I just object until the plaintiff fulfills the request? The request is to send a copy of all documents to the agreement and assignment of the account alleged in plaintiff's complaint and all periodic statement for the account alleged ... The JDB only sent a year or so of statement and a non-notarized, no-bank header plain piece of paper with bank name person signature showing transfer this year. Obviously this is fraudulent because I am pretty sure there is a whole line of about 6 or 7 JDB's involved in the chain over the last 4 years. The date for the plaintiff to adhere to the judges request is out further then the million discovery questions they sent in December right before the holidays. There are many tricky questions which have already been answered in my original answer.
  4. Michigan Courts I really really want to get some suggestions on the seemingly unique situation I am in but a bit fearful of revealing too much publicly. There seems to be obvious fraud going on in my case but naturally I am not confident or experienced enough to determine this and would like to provide a summary. How much can we reveal in these forums and has it hurt anybody? This forum is great and regular non-legal folks don't have many options. I live in a rural area with no real options for a good attorney willing to go all the way. How do we stop some of these fraudulent practices?
  5. Thank you, I have been following along the lines of filing a motion to dismiss like you suggested until I spoke with the lady from self help. I think at this point I am going to merge it all together and submit it as affirmative defenses with the first one "Defendant asserts payment was made" and attached the evidence. Of course the counter affidavit will be submitted and I could counter claim a few dollars in over payments based on our original agreed upon interest rate. What I don't understand is if Citibank was guilty of imposing improper fees and raises in Interest rates in 2010 hoffman v Citibank (which was the death for me because I stopped using the card before 2005 and just paid around 500 a month for 5 years. The amount they are asking for is for 1/2 of the amount of purchases I ever made and it does not include the amount over the amount of purchases I made equating to the interest and fees. I don't know if folks understand that they may only be coming after unlawfully imposed changes to terms. I can recalculate with a spreadsheet based on daily interest what is actually due after removing the unlawful changes. I don't understand why are government does not make these companies recalculate what is owed based on all the suits the last 3 to 5 years. Anybody?
  6. Sorry to take so long getting back to the board. I did not want trouble folks when there is so much information already posted. No is the answer to the previous question... Thought I was doing great until... l called our "little town" self help center because tomorrow is my 21st day to file. The lady who answered said she doesn't have a form for defendant to file a "Motion to Dismiss". She said she never heard of it. I told her I have over 50 pages of copy's of information as well as I typed my own "motion to dismiss". She told me the only party who can dismiss the case is the plaintiff. Is this correct? I asked her what if it was a frivolously filed lawsuit and she did not answer. Again telling me to seek counsel. (which I did already and there is nothing affordable out here in the boondocks! plus no one wants to listen about the amount of documents and proof I have and they just want to do the affirmative defenses.) Maybe this should be the way whether I have proof or not that what they are seeking is simply unjust fees and interest above and beyond the fees, interest and balance I have already paid. (I did not use the card after 2004 and paid on it till 2010) Not much to explain in the way of facts. 1. Junk Debt Buyer who lost collection license in 2008, now does business through various interconnected LLC's. The person who owns the company under plaintiff (LLC Certificate) is also a partner in the PLLC of attorney's representing the plaintiff who is the plaintiff. HA! 2. I used my cards often in the early 2000,'s both for personal and work together. (back when they gave money away for 0% on a daily basis) Paid on it till 2010 They are asking for a lot of money. over $20,000 . (I am saving everything on my website so after this ordeal I can go to the press, Washington DC, local politicians etc and complain) All of it and I mean every penny is the interest increase from 2005 from because I was late by an hour in 2005 making an online payment. I can show item by item over the course of 20 years the abusive practices. This is out of Control in Michigan. Michigan is horrible which is why it gets a D- from NCLC National Consumer Law Center. I can't believe this state is letting these scumbags run over all these folks with default judgement s. Whewwwwww..... Got that off my shoulders... 4. Only 1 letter was sent from this latest JDB. Over the last 2 years I have 5 different sets of letters of companies claiming to own this debt and trying to collect. 3. I keep/kept detailed spreadsheet records and most correspondence with the bank. 3 times from 2005 to 2010 I sent multiple letters to the bank with detailed calculations showing where they made mistakes in improperly imposing interest rate increases and fees of which they got busted for in Hoffman v Citibank 2002-2010 The same exact years they did damage to my account. They never responded. I even sent a letter to the CEO. 4. Finally after paying the balance, membership fees as well as enough interest I defaulted because I lost my job in 2008 and they would not work with me and I stopped paying out of my liquidated retirement fund. (recorded all calls) I figured the government would stop this crap one day.. BOYYYY was I wrong... 5. I know many folks go after account stated first. I just want to show that I have already paid the balance of all transactions on this card, fees and properly imposed interest rates . All provable with statements and all but I am not including statements in the Motion to Dismiss. I am including a spreadsheet of all transactions and corresponding "bank" reference numbers with payments in the next column. Obviously after adding it up there is a lot more in payments then there were transactions, fees and interest. 6. I guess I was diagnosed obsessive compulsive (but who isn't) (hence I could be way ahead of these "folks" at our "self-help" center or I am just totally wrong). 21 days 16 hours a day studying this stuff I thought I was getting somewhere until I just hung up the phone a few minutes ago. My question is should I be confident in filing my "Motion to Dismiss" 1st under MCR 2.116 © (10) "genuine" because I already paid what was legally owed by me? And 2nd "Motion to Dismiss" MCR 2.116 © (5) and MCR 2.116 © (8) Account State, Relevant Party, Lack of Standing? Documents included in the original Summons and Complaint: 3 1. the 6 complaints below and only one piece of white plain paper with no signature or notarization. Only a stamp with "exhibit" on it stating I owe this company I never heard of a sum of money. 6 complaints: 1. Defendant(s) entered into a Contract with Plaintiff or Plaintiffs Assignor, the account/loan number of which is ****, and pursuant to MCR 2.113(F)(1)( Plaintiffs claim is based on a written instrument which is not attached as it is in the possession of the adverse party. 2. Defendant(s) defaulted under the terms and conditions of the Contract. 3. Plaintiff and/or its assignor(s) completed performance under the terms and conditions of the Contract. 4. The account has been stated and/or is open between the parties. 5. As a result of Defendant's default Plaintiff claims breach of contract, open account, account stated, and/or unjust enrichment. 6. The original claim amount due and owing by Defendant(s) to Plaintiff is $$$$$$ plus interest, costs and attorney fees. Maybe I am wrong.. I have a list of affirmative defenses and copy of an answer to a summons and complaint ready but I understood I could file a motion to dismiss?
  7. Received a summons from a "mafia" type JDB. There is one document attached. A word document with a balance. No signature.. no affidavit no nothing. I don't even know if this is real. The Attorney's firm representing the client use 3 names. One of the names of the attorney's representing the "plaintiff/client" also owns the JDB firm listed under plaintiff. (it is a LLC and michigan offers LLC look-ups). In fact there was a collection licence revoked for this person under a defunct company name in the past leading me to ask the question does the plaintiff need to be licensed? If so where do we go look up the license? I am not sure how much to share in an open forum. Any suggestions would be helpful.
  8. What settlements are people getting offered in Michigan? 1/3 or 1/2? Do you take what comes first? Do you negotiate?
  9. By chance do these folks in the title have time to skim these forums between spitting out 250 computer generated complaints a day to sue unemployed folks for judgments and wage garnishment ?
  10. IV. THE CARDMEMBER AGREEMENT WHICH GOVERNS THE TERMS OF THE CHARGE ACCOUNT DOES NOT NEED TO BE SIGNED BY THE DEFENDANT A. MICHIGAN LAW The Legislature for the State of Michigan amended the Retail Installment Sales Act in 1966, and provided in MCL 445.862(a) that: A retail charge agreement shall be considered signed and accepted by the buyer... if the retail charge account is used by the buyer or another person authorized by the buyer. In short, use of a credit card in Michigan is tantamount to signature on the retail charge agreement. Plaintiff has alleged usc of the charge account and, therefore, Defendant’s use of the charge account constitutes the same as a signed and accepted agreement. Plaintiff has provided copies of the statements reflecting use of the charge account by the Defendant in this matter. B. MICHIGAN CASE LAW In the unpublished opinion of Credigy Receivables, Inc v Townsley, Oakland County Circuit Court 2007-008597-AV (2008), (Exhibit D), Defendant alleged that the trial court erred by granting summary disposition because Plaintiff did not provide evidence of a contract, and its 3 terms, between the parties. The court held that, in Michigan, use of a credit card creates a binding contract between the issuer and user. Id at 3. The court reasoned that the issuance of the credit card constituted an offer, and the use of the card constituted acceptance. Id. Therefore, Defendant’s use of the card constituted acceptance of Plaintiffs offer and terms of use of the card, and created a binding contract with Defendant. C. FEDERAL LAW Furthermore, Federal Law provides that a consumer may be responsible on a credit card without the requirement of a written application. 12 CFR 226.12 provides in part: “Special credit card provisions. (a) Issuance of credit cards. Regardless of the purpose for which a credit card is to be used, including business, commercial, or agricultural use, no credit card shall be issued to any person except: (1) In response to an ORAL or written request or application for the card; or (2) As a renewal of, or substitute for, an accepted credit card. For purposes of this section, accepted credit card means any credit card that a cardholder has requested or applied for and received, or has signed, used, or authorized another person to use to obtain credit. Any credit card issued as a renewal or substitute in accordance with this paragraph becomes an accepted credit card when received by the cardholder.” [emphasis added] Accordingly, an oral request for a credit card is permissible pursuant to Federal Regulations. The request for application may be oral or in response to a telephone solicitation by card issuer or written. See official Staff commentary on Regulation Z. D. NATIONAL CASE LAW Numerous decisions have been rendered in several courts throughout the United States confirming the accepted principle that use of a credit card constitutes acceptance of the terms and conditions of the credit card agreement. Each of these cases dealt with a challenge to the credit card by the debtor claiming that, since the credit card agreement was not signed, the debtor was exempted from liability. The courts uniformly held that failure to sign a credit card agreement does not discharge a debtor from liability. Moreover, each case that is cited below upheld the 4 concept that an unsigned credit card agreement is still valid and the debtor is bound by the terms and conditions if he/she used the account and/or made payments thereon. “Acceptance or use of the card by the offeree makes a contract between the parties according to the terms...” Bank of America v Jarczyk, 268 BR 17 (W.D.N.Y. 2001) quoting City Stores v Henderson, 116 Ga App 114; 156 SE2d 818 (1967). The Court goes on to say, “Because it is the use of the credit card, and not the issuance, that creates an enforceable contract, each time a cardholder uses his credit card, he accepts the offer by tendering his promise to perform (i.e. to repay the debt upon the terms set forth in the credit card agreement)” [emphasis added] Id citing Corbin on Contracts, Revised Ed. § 1.23. “The absence of an underlying agreement, if established, would not relieve [defendant] of his obligation to pay for goods and services received on credit.” Citibank (S.D.) NA. v Roberts, 304 AD2d 901; 757 NYS2d 365 (2003) citing Federer v FortubfJ 123 Misc 2d 857 (1984). “Credit card agreements are contracts whereby the issuance and use of a credit card creates a legally binding agreement.” Bank One, Columbus, NA. v Palmer, 63 Ohio App3d 491; 579 NE2d 284 (1989) citing Manufacturers & Traders Trust Co. v Lindauer, 135 Misc 2d 132; 513 NYS2d 629 (1987). “...undisputed use of the cards sent to him.. .constituted an acceptance of the cards and an sent to the agreement underlying their issuance.” Duke v Sears, Roebuck and Co., 433 SW2d 919 (1968) citing Magnolia Petroleum Co. v McMillan, 168 SW2d 881 (1943). “The issuance of the card to the defendant amounted to a mere offer on plaintiffs part, and the contract became entire when the defendant retained the card and thereafter made use of it. The card itself then constituted a formal and binding contract.” Read v Gulf Oil Corporation, 114 Ga App 21; 150 SE2d 319 (1966), citing Texaco Inc. v Goldstein, 34 Misc 2d 751; 229 NY2d 51. Performance of an act which an offerec is requested to perform may constitute valid acceptance. United Concrete Pipe Corporation v Spin-Line Company, Inc., 430 SW2d 360 (1968). Acceptance of an offer may also be shown by performance and acceptance of benefits by one to whom the offer was made. McCarty v Langdeau, 337 SW2d 407 (1960). “The issuance of a credit card is but an offer to extend a line of open account credit. Acceptance or use of the card by the offeree makes a contract between the parties according to the terms...” Novack v Cities Service Oil Company, 149 NJ Super 542; 374 A2d 89 (1977) citing City Stores Co. vHenderson, 116 Ga App 114; 156 SE2d 818 (1967). “...each individual credit card transaction as a unilateral contract between the card holder and card issuer. . .the card holder promises to repay the debt.. . and the card issuer performs by reimbursing the merchant who has accepted the credit card in payment.” Anastas v American Savings Bank (In re Anastas), 94 F3d 1280 (1996). “Until the consumer negotiates a transaction using the credit card, there has been no extension of credit, no debt has accrued, and the creditor’s funds have not been transferred to the use of the borrower.” Goldman v First National Bank of Chicago, 532 F2d 10 (1976). “The solicitation was to open a credit card/charge account which would be subject to an Agreement which would be sent out with the credit card. Use of the credit card would constitute acceptance of the terms in the Agreement.” Grasso v First USA Bank, 713 A2d 304 (1998).
  11. III. SUMMARY DISPOSITION STANDARD OF REVIEW A motion for summary disposition under MCR 2.11 6©(1 0) tests whether there is factual support for a claim. The court must consider the pleadings, affidavits, depositions, admissions, or other documentary evidence available to it. Radtke v Everett, 442 Mich 368, 374; 501 NW2d 155 (1993). The moving party has the initial burden of supporting its position by affidavits, depositions, admissions, or other documentary evidence. Ward v Frank’s Nursery & Crafts, mc, 186 Mich App 120, 134; 463 NW2d 442 (1990). The party opposing the motion then has the burden of showing that a genuine issue of disputed facts exists. Pantely v Garris, Garris & Garris, PC, 180 Mich App 768, 773; 447 NW2d 864 (1989). The nonmovant may not rest upon mere allegations or denials in the pleadings, but must, by documentary evidence, set forth specific facts showing that there is a genuine issue for trial. McCarty vJ Walter Thompson USA, mc, 437 Mich 109, 115; 469 NW2d 284 (1991). A trial court may grant a motion for summary disposition under MCR 2.116©(10) if the affidavits or other documentary evidence show that there is no genuine issue in respect to any material fact, and the moving party is entitled to judgment as a matter of law. MCR 2.11 6©(10), (G)(4). In presenting a motion for summary disposition, the moving party has the initial burden of supporting its position by affidavits, depositions, admissions, or other documentary evidence. Neubacher v. Glove Furniture Rentals, 205 Mich. App 418, 420; 522 NW2d 335 (1994). The burden then shifis to the opposing party to establish that a genuine issue of disputed fact exists. Id. If the opposing party fails to present documentary evidence establishing the existence of a material factual dispute, the motion is properly granted. McCormic v. Auto Club Ins. a$$’n, 202 Mich. App 233, 237; 507 NW2d 741 (1993). Smith v. Globe LU’e Ins Co, 460 Mich. 446, 454- 455; 597 NW2d 28 (1999), quoting Quinto v. Cross & Peters Co, 451 Mich. 358, 362-363; 547 NW2d 314 (1996). “A litigant’s mere pledge to establish an issue of fact at trial cannot survive summary disposition under MCR 2.116©(lO).” Maiden v. Rozwood, 461 Mich. 109, 121; 597 NW2d 817 (1999). Instead, a litigant opposing a properly supported motion for summary disposition under this subrule must present substantively admissible evidence to the trial court prior to its decision on the motion.
  12. Yes. an affidavit was attached to the complaint. A credit card agreement came with the copies of the brief for summary disposition and judgement. I will look into 2.113. I have not filed anything since receiving this on the 13th from buckles. When you ask me about filing a counter-affidavit is this part of the opposition to the plaintiffs brief for judgement that I will be filing or something separate I should do tomorrow morning first thing? Here is the part I am having a hard time understanding. Do I have a deadline date for the next move after receiving this on the 13th in a 2 day priority usps package? The attorney outfit is Buckles and will work on listing all the case law under each each point?
  13. I will try to keep this short. I would like to end this situation with cap1 by paying only the amount I should rightly owe under the new rules. Of course the new rules which coincidently came about because folks like us are the ones who complained. I have paid the principle and then some on this account if it means anything. I hired an attorney in the big city who was more than happy to deal with this and help me negotiate as well as fill out the answer to the summons and complaint. I paid him what I had left of my savings about 3 weeks ago. I have not heard from him in a week and he does not seem to be concerned about this latest development which scares me. In our initial conversations bankruptcy was not on the table and it was just an after thought but last we spoke he kept bringing it up. I believe this is an Original Creditor represented by one of the 8 to 9 well known attorneys in Michigan. "Word Doc Mills" Should I list all the items in the original complaint here as well as my answers? With the summary disposition I received a copy of all my statements, a generic credit card agreement and the brief below with case law exhibits. Plaintiffs Brief for Summary Disposition and Judgment on the complaint I Facts 1 Defendant was issued a credit card, Acct. # $@$%^^&^ 2. The the def used the charge acct to purchase goods and services pursuant to a credit card agreement 3 That pursuant to the CC agreement, Def was obligated to pay plaintiff the full monthly payment when due. 4 That the defendant failed, refused and neglected to pay the full monthly payment when due and is pursuant to the credit card agreement in default. Then they go on to say my answers to the complaint are general denial only without specifics. II Issues whether summary should be granted III A page of cases why they should be granted a disposition. IV Why the cardmember agreement does not to be signed. supported by and under A Mich Case Law B Fed Law C National Case Law V They claim there is no issue to the amount of Damages because I have not submitted documentary evidence. VI Interest rate is allowed A Due to a deregulation act in 1980 cap1 may charge ir allowed in home state of Vir B The IR charged is allowed under Virginal Law C The IR charged by the plaintiff bank is legal MCL 445.1852(2) D Plaintiff may charge late fees, over limit and other charges in agreement VII Plaintiff does not rely on mcl 600.2145 The 10 day Affidavit is merely permissive. VIII Parties Appearing in propria persona are held to the same standard as members of the bar IX Argument and why the affidavit can still work even though there is the issue of 10 days pursuant to MCL 600.2145 I have no idea what the attorney did I hired and what he said to the OC Attorney. I have a message into him to send me copies of the communication. I have a feeling I won't get it by Monday morning when I file the opposition. I understand now I need at least 1 genuine material fact to disprove? Any ideas?
  14. I hope someone knows how this works in Michigan. I have been reading the chapter 2 civil procedures over and over and having a hard time understanding what is happening here. I received a summons and complaint in early April from an attorney representing a credit card company. I actually hired an attorney in the same city of the opposing attorney to negotiate and help me with the answer to the summons and complaint in early April. Last Friday I received in a 2 day priority postal package a notice of hearing and a "Plaintiff's Motion for summary disposition and for judgment on the complaint". I spoke with the attorney and we talked about what I would negotiate for and claiming bankruptcy(I am not sure he is doing a good job). He never told me what to do next so I did not panic at that moment. I don't think it is necessary to claim bankruptcy. I don't want to mess this up. I don't think I should have to pay the abusive penalties, fees and usurious interest rates now considered illegal by the new credit card act. I have been researching for about a week on how to answer this and called the self-help center 2 days ago. I called to find out about sitting in on similar trials and what my next step should be after answering a summons and complaint and receiving the above package. Again this package contained a "Notice of Hearing scheduled next month" and a separate "Plaintiff's Motion for Summary Disposition and for Judgement on the Complaint" as well as another package of paper stapled together called "brief in support of plaintiff's motion for summary disposition and for judgment on the complaint" I thought after reading everything I understood this as having to get my answer in 7 days prior to the Notice of Hearing. This is where I am having a panic attack. The courthouse self help lady left me a message today in a panic voice telling me to hurry up and get my objection in asap. I got the message today (Friday) after 5:00 pm and now I am sick to my stomach. I am embarrassed to say I am a huge newbie to the court system and never gave it a passing thought until now. It is nearly impossible to understand what is going on in such a short time frame. Can someone explain to me what the next step in Michigan is? Can the Notice of Hearing titled "Plaintiff's Motion for Summary Disposition shall be brought on hearing on Monday............." (to be held later next month) be canceled and a judgment just made anytime?
  15. I am not sure if I should start a new thread or continue this one. I am in Michigan and in the middle of a lawsuit. I have been mad at the banks since 2005. Quick history .. I got caught up in the millions of 0% offers 2000-2005 until I finally put a stop to it in 2005. (I have a box dating back to 2000 with about 300 credit card offers I saved) After 2005 I did not use my cards again but none of the cards would lower the interest rates even though I had perfect payment histories(a couple 1-day late payments on one card). I just kept paying the monthly amount praying for some governmental relief from the abusive practices. I was abused with the universal default increase because I simply used other cards. Lost my job at the end of 2008 and exhausted savings to pay cards for an additional year afterwards. I attempted to lower the monthly due before they got charged off but none of the banks would budge. I recorded all my calls explaining to the reps my situation and if they would accept a low monthly payment until I recovered (available today in mp3 format) and they all said no. I waited and waited for our wonderful representatives to put a stop to the bank abusive practices and give us some recourse. They did somewhat with the credit card act of 2009 but as far as I understand and have extensively researched there is no specific recourse available in the act? Nobody seems to know and the attorney's I spoke with don't care. I showed the attorneys what my outstanding amount would be under the new credit card act but they act like they don't understand. In a spreadsheet I recalculated the amount I would owe today based on the original agreed upon fixed rate (daily) and it is much much less if not pennies I would owe today. I am in a position today where I have paid all my cards principle's amount and then some. All the attorney's I speak with tell me to file bankruptcy which just really makes me mad. I would be claiming bankruptcy on the abusive practices today which are illegal under the credit card act of 2009. One card doubled my rate in 2004 because I was 1 day late and charged me the much higher interest on the amount for years afterwards of which I think triggered the 2 other cards to raise the rates just because of the 1-day late. I tried to talk the banks down but they would not budge after 2005ish. I am wondering if it is possible to fight these companies over the abusive practices defined in the act done to my account prior to 2009? Is anyone here familiar with Rubio vs Capital One Bank? RUBIO v. CAPITAL ONE BANK 613 F.3d 1195 (2010) Raquel RUBIO, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. CAPITAL ONE BANK, Defendant-Appellee. No. 08-56544. How could someone use this in a response to a lawsuit with the OC? All I am looking for is to settle this account with a perfect credit rating left for me on the original fixed amount agreed on. Essentially what this country is promoting is if you bought a home and took out a home equity loan to pay off your credit cards and then lose your job through no fault of your own then this lucky person qualifies for a bail out from HAMP or all the other principle reductions schemes. Yet those of us who have paid the principle and more on credit cards but suffered the bank abuses now considered illegal are hounded with no recourse from the lowest life forms of collectors and made to feel we have no rights. In reality we should be considered good credit risk as opposed to a homeowners or at least treated the same.
  16. I have been looking for this exact information myself. I have not found any real answers and have not found anyone else asking the question but you. I am so excited to see someone else thinking along the same lines. I have recalculated all 10 years based on the daily rate the original creditor agreed to and under the new 2009 act the card company would essentially owe me money. I paid off the principle plus more of all my cards but lost my job in 2008 (the company I worked for went bankrupt) and stopped paying a year later after I exhausted my savings. I am in the middle of a lawsuit myself and trying to figure out why no one including the court system seems to care about the usurious and abusive bank practices. I have no experience with the court system. I would love to figure out a way to answer this lawsuit with a detailed copy of what I really should owe under the new 2009 act. I will keep checking this thread to see if anyone has any suggestions.