gwheelock915

Moving along at a snails pace, but today the Court denied Midland's motion to dismiss in a well reasoned opinion. No point in hiding my name...all the CRA's, OC's, JDB's and everyone in between knows I've posted here. Why hide?In addition, tomorrow will be 5 years since we were served with foreclosure papers. Survived 2 motions for summary judgment, pro-se, and finally, the servicer has raised the white flag...We'll see how it pans out. Hope everyone is doing well. Wheeler v Midland Order denying MTD (1).pdf

To All Members and Visitors of CreditInfoCenter: It is with great sadness that today I announce my “resignation” as member of CIC. Though I haven't been regularly active for quite some time, I came here about five years ago in a desperate attempt to figure out how to defeat a suit brought by a debt buyer. Even though I did not receive the information that I sought, I spent a lot of time researching court rules and was able to have the case dismissed. Being freed from doubt and uncertainty about an alleged debt was exactly what we needed at that time. When you are at or near the lowest point of your life, realizing that you still have a spine to stand up for yourself and your family gives you something positive to look forward to, even though the world is still falling down around you. I brought back what I learned from my experience and helped many, many people who found themselves in the same situation that I did. Knowing that I made a difference in someone, or some family's life has brought a tremendous amount of satisfaction and joy to me. Yesterday, however, something radically changed in my life that requires me to hang up the keyboard. As I was being deposed by the country's largest debt buyer, they brought out 3 threads from CIC as exhibits. Of course I testified truthfully an hour earlier and discussed my presence on this board. I suddenly found myself having to defend things I wrote 2, 3, even 4 years ago. It's difficult to put your words into context when written words allow for no such thing, particularly when in the eyes of the viewer everything you say is twisted and distorted. “Celebrating” and discussing my “wins” suddenly was viewed as bragging in the worst possible way. Each collector and creditor could have brought litigation against my wife and I. In fact, 2 did. And those two either dismissed or the case was dismissed on motion. When you are sued, you are entitled to defend yourself. I did that, and remarkably, I was questioned for doing so. People celebrate job promotions, beating cancer, divorcing their spouse and having a baby. People who find themselves clinging on to the lowest rungs of the societal ladder should be judged no differently for being proud that they were putting something negative behind them. I don't feel I would have been judged if I simply filed for bankruptcy, which, in essence is the same outcome where you are stripped of your debts. The goal is the same, it's just the path that's different. In all of this, there was one part of my testimony which I know can never be expressed and understood only through words. Yesterday, something about a question by their attorney really struck a nerve. It made me emotional in a way I'm not sure I ever felt before. The question, more or less, was to why I would make a “good” class representative when they claim I have no real damages (versus the rest of the class members). I paused for a minute, felt the lump in my throat form, and struggled, truly struggled to hold back my tears, but it didn't work too well. I thought and spoke about the times that my family was abused at the hands of debt collectors. I thought about others who need help with their debt or dealing with collectors. I thought about families that struggle whether to pay a collector or feed their children, or to clothe them and provide them shelter and warmth or to pay a debt collector. If you close your eyes, you see them. It could be your neighbor, or a co-worker. It could be your grandparents living on social security. Single moms and starving artists. Black, white, green, blue, no one is immune. I understand the struggle better than most, because I've been there. I know what it's like to be afraid to open letters or to answer the phone. I know what it's like to be called names and to lose sleep over a seemingly insurmountable mountain, particularly when everyday is a struggle, and you worry tomorrow will somehow be worse than today. I spoke for tens of thousands of people yesterday, and I am so incredibly proud that I did. People I've never met and yet, felt a bond so close, it brought me to tears. As far as we go, however. we persevered, and with time, we thrived. I never believed the mantra that, “everything happens for a reason,” but in some bizarre way now I think it's at least somewhat true. Of course people should pay their bills. But people shouldn't pay unless they have the means. And I don't believe people should have to pay debts that they don't recognize or if they don't trust the collector that is attempting to collect from them. We are all human beings, even the people that run these agencies, believe it or not. Having compassion and caring for other people—even people you've never met is not a difficult thing to do. I am opposed to the collection industry not for what they do, but rather, for the means they use to collect. They are, after all, the most complained about industry in this country. When you buy debts for pennies on the dollar, you are not bringing value to the financial sector. Loss and risk is built into the interest rates we already pay. There is far greater value, however, in treating people with dignity, respect, and offering people the information that they need to make informed decisions. In closing, going forward, I will focus my efforts on other activities that will strengthen consumer protection laws, even if that means being a 1 man lobbyist. I have worked with the Consumer Finance Protection Bureau in the past, and I intend to do so again. In some ways, yes, I'm leaving because of their attorneys, but in others, I'm leaving because I believe I have work to do outside this forum for the better good of those who are most vulnerable. I wish each and everyone one of you all the best in your continued efforts. ~gwheelock915

Why don't you try to fight it? If you're so willing to file for Bankruptcy, you should be willing to fight it out. Fight and lose? File BK. Fight and win? Keep going.

File a motion to dismiss. While you're at it, I'd bring up the encore consent decree and attach a copy of it.

Apparently what has happened up until this point is they have flat out ignored my attorney and our 2 settlement offers, although I was under the impression that we would have a prompt resolution. With some research, it seems that this is a popular amount to offer by multiple defendant actions as a way to moot an action. As far as paying costs, etc., I'll consider the offer over turkey.

@debtzapper @fisthardcheese @shellieh98 @BV80 @Coffee_before_tea @1stStep $1,001 via Rule 68 offer of Judgment to settle all claims against all 3 Defendants. Jerks.

@fisthardcheese Perhaps, but I'm not actually sure at this point. Status is in about 2 weeks or so. They filed the answer about a week before it was due. We shall see. I posted the defenses on DB.

Filed it with Ohio police. The affidavit basically said Jane Doe personally came before me on oath and said the following......ya di ya di ya da. It was then signed by Mike Smith.

Spoke too soon. They filed an answer and a bunch of affirmative defenses.

With OC's you have to be dumb or lucky. I got both. I got a straight up falsified affidavit from the OC that has a Cashback Bonus. They quickly dismissed when I filed a police report, a complaint with the CFPB, and waved the affidavit around the courtroom for anyone to see (to the judges amusement and ire). I got the notary who signed the affidavits commission revoked. I also sent it to anyone that I could find that was suing them for fraud. They begged me to go away. Like really, really, begged. The other one, that has the green card with the Centurion on it, I called them on their behavior. NCO violated the FDCPA in ways I couldn't have imagined were possible at the time. Anyway, they sent me to their lawyers, I spoke with them, explained what they did (and by that time had an entry in WebRecon), and next thing you know they disappeared. I must have looked uncollectable or tasted like spoiled meat. Maybe both. OC #1 was owed about $7,500 OC #2 about $16,000 Not chump change. I got lucky. No doubt.

@shellieh98 @fisthardcheese I'm in the darkest days of my debt collection saga. Though I'm glad to have this one behind me, there will be more to come. Next week, I will be taking on Midland, which, arguably could be one of the more important consumer cases to be brought in some time. I also opted out of a overtime (FLSA) class-action lawsuit, only to find out that no one will represent me individually. So I guess I have to dust off the books and learn about an aspect of law quite frankly I know nothing about since I plunked down the $400 to file. I'm still trying to save my home from foreclosure in a battle that has been ongoing now for 3 1/2 years. Since our loan has been sold and our loan servicer has changed, we our now dealing with a loan servicer--a servicer who is engaging in the most despicable and outrageous violations of the FCRA, RESPA and FDCPA. I've been through a lot over the years. I've taken a lot on the chin. I've never given much thought to raising the flag and surrendering. Until recently. This servicer has me so beaten up I can't sleep at night, and I have borderline depression. And they haven't even filed an appearance for the foreclosure yet. I've put weight on, and been irritable with the Mrs., I've just been a cranky a-hole. I decided to go to the doctor. I explained the situation with her. (She was surprised with my weight gain since I had just seen her about a month ago), stress, insomnia, etc., and she diagnosed me with situational anxiety disorder stemming from the debt collectors. I'm now on medication. So go back a few months ago, yeah I'd be joking. Today, not so much.

@fisthardcheese Thank you. Wish I didn't need to bring it in the first place, but a contract is a contract.

They did.

Post the complaint. Whats the cause of action?