drummer55

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About drummer55

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  1. Long time no post. The CFPB action against Chase brought me back out. http://www.consumerfinance.gov/administrativeadjudication/ What recourse will this give those of us who have settled with a JDB? I sued Chase ProSe in 2012 to remove 2 items on my credit reports that had started as Wamu accounts. They settled out of court and the items were removed from my report Sadly they had been sold separately one to Midland and one to MCM (i know same company) The account that went to MCM used a local debt collector and sued me for one. I fought in court but because it was bloc
  2. Some great stuff with the IRS and their 36 month testing period. I think I might be able to effectivally argue it from this angle. It was written off in 2009 and in 2012 a 1099 c should have been issued by the OC and wasnt. Thus the CA's 1099 C that was issued in 2013 is too late and can not be properly reported. http://www.aicpa.org/Press/PressReleases/2013/DownloadableDocuments/AICPA-Letter-to-IRS-on-Cancellation-of-Indebtedness.pdf Similarly, in Stewart, TC Summary Opinion 2012-46, a credit card companydischarged the taxpayer’s debt in 1996 but sold the debt to a collection compa
  3. Arbitration in Oregon is a joke. Hearsay objections? out the window. rules of evidence? out the window. that being said focus on the sales agreement and hammer it home that if the arbitrator accepts that piece of crap as evidenct that they own anything then MF/DG could use that blacked out piece of toilet paper to "prove" anyone they wanted owed them money at anytime they wish... Governor Kitzhaber, the arbitrator, bill clinton, anyone.
  4. okay heres a fun one. I had one account with midland funding in arbitration and one account with MCM that had sat for 3 years that I disputed and tried to get removed via the CRA's and directly with them. MCM never responded to my dv requests. I applied for a mortgage but got denied till I got rid of the above "collection" accounts I sat on it for a day and decided to settle. Needed the house and couldn't afford to sit through Oregon's laughable arbitration (since it was after my closing date ) just so I could go back to court again. I settled with Midland funding for 1/7 of the
  5. sooooooo what was the final word on this? what form should our refusal to pay a 1099 c when we dispute a debt take?
  6. if you want the deposition. Its in PDF format. do a search for assignment. 120509 - JPMC v Waisome FL Lawrence Nardi Deposition
  7. some more info on it. Again I wonder about credit cards from wamu to chase. OUT OF THE MOUTH OF JPMORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST; NO ASSIGNMENTS OF MORTGAGE, NO ALLONGES OR ANY EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE | Foreclosure Defense Nationwide - Mortgage Forecl OUT OF THE MOUTH OF JPMORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST; NO ASSIGNMENTS OF MORTGAGE, NO ALLONGES OR ANY EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE August 21, 2012 Confirming, under oath and in print what we already sus
  8. I'm hearing more stories about Chase not being the successor of interest to WAMU. Like these below. breaking today. BREAKING From JPM: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST, NO EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE | SilverDoctors.com and then Defendant JPM has admitted, in filings by its counsel in the Federal matter of Deutsche Bank National Trust Company, etc. v. Federal Deposit Insurance Corporationand JPMorgan Chase Bank National Association et al, Case No. 1:09-cv-1656 (RMC) that:“Under the plain terms of that agreement [the P&A], JPMC (De
  9. K I'm reading this and re-reading this. http://www.jeffcanhelp.com/library/FCRA_and_FDCPA_.pdf The FTC issued a consent order stating that a debt collector must refer to original account records when necessary to investigate a dispute. U.S. v. Performance Capital Mgmt. (Bankr. C.D. Cal. Aug. 24, 2000) (consent decree). A debt collector shouldn’t be able to rely on the balance due transmitted by the original collector during the sale of the account. If the debt collector cannot or is unwilling to obtain the original account records, the information should be deleted. See National Consumer Law C
  10. ultimately it turned out bad for the debtor but its a good read of how some judges see statements.
  11. CAVALRY PORTFOLIO SERVICES, LLC v. KUMBARIS - Submitted October 12, 2011. The colloquy between plaintiff's counsel and the judge continued regarding the admission of monthly credit card statements in defendant's name: Judge: All right. And the existence of the underlying debt would be reflected in the business records of [WaMu]? Counsel: Yes . . . . Judge: All right. And Ms. Sharpe . . . is not an employee of [WaMu]? Counsel: [WaMu] doesn't exist anymore . . . . Judge: Well, Ms. Sharpe is not an employee of [WaMu], so how could she be the proper custodian of records for those bank records, and
  12. the first part is just definition of terms. https://www.documentcloud.org/documents/329732-chase-palisades.html
  13. the amount of information I'm finding is amazing. well at least to me. Maybe a sticky for all forward flow agreements?? I found this in the palisades one. 2. Sale of Accounts (a) Purchaser represents and warrants to Seller that Purchaser's primary purpose in purchasing Charged-off Accounts is to attempt legal collection of the Unpaid Balances owed on such Charged-off Accounts and is not to commence an action or proceeding against Cardholders obligated under such Charged-off Accounts. that would mean anybody who bought those accounts couldnt sue right? maybe we should ask for a sticky on fo