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Everything posted by ladyhunter

  1. Their answers to discovery are exactly what AA does in their cases. Their answers were very close to what they answered in my case. I kept hammering. They finally admitted they did not have what I was requesting. So, then they filed an intent to subpoena docs from the OC. (By this time, it had been months since they filed their lawsuit against me, which is when they should have already had the docs.) You notice, they never actually subpoenaed the docs, only filed an INTENT to do that. At first, I thought it was a subpoena (more intimidation tactics). Then I calmed down and actually read what it said. It was shortly after that when I refused to cave, that they dismissed their case. Then I sued THEM! Keep hammerin'!
  2. We have been hydroponically gardening for 4 1/2 years now. We grow more than we can possibly eat and give it to our neighbors. Here in Florida, we can get in 2 growing seasons easily. There is no back-breaking work with the hydroponic method. We have 4 "towers" and 6 larger pots. This time around we are growing cabbage, watermelon, green beans. broccoli, black-eyed peas, 3 kinds of tomatoes, zucchini, 4 kinds of peppers, cucumbers, Romaine lettuce, Swiss chard, and radishes. We've also grown onions, cantaloupe, yellow squash, eggplant, okra, green peas, turnips, and more. We have thought about adding the fish, but have not taken that step yet.
  3. #3 I would answer "I do not have sufficent knowledge to answer the question." How would you know as to whether or not Portfolio owns the alleged debt? You can't deny it unless you know for sure they do not own the alleged debt. They haven't even proved yet there is a debt, that they own the debt, and that the debt is yours. This would be something for Discovery where you will demand proof of these things. Also, be careful how you talk about the ALLEGED debt. You state you do not believe you owe $1,000, that you believe the amount is less. HINT: You owe Portfolio NOTHING! You may or may not owe Capital One something, but unless you signed a contract with Portfolio, you owe them nothing. If you are planning on fighting this, the only correct calculation is $0 until/if a judge says differently.
  4. UPDATE: 2 Midland TLs off my credit report - one for $15,000+ and one for $16,000+!!!! I realize this may not be the normal route to a "win," but, heck, I will take it as a win! Both of these debts are outside SOL, so I did not fear Midland whatsoever. I kinda was hoping they would go ahead and sue me, because then I KNOW I had them! These TLs were scheduled to come off the end of next year, quite awhile to go yet. Earlier, I disputed the debts with Midland. It was questionable as to if/when they notified me of the debts in the first place. They say they did; I say they didn't. The date they gave me as having notified me was more than 30 days passed. Anyway, when I noticed them on my credit report, I disputed with the CRA and Midland. Midland wrote to me requesting them I give them info on payments made, blah, blah, blah. The CRAs reported back both debts as verified. I relathered and rinsed, this time with a ITS letter to Midland, although at that time, I felt I was on shaky ground with their saying I had not disputed within 30 days of their notifying me. This time, however, the CRAs reported NO STATUS on Midland's TLs at that time. I had never seen that before. I believed we might be headed in the right direction, so I waited a couple of months and tried again. This time, 1 Midland was deleted, but the other was updated with all the information once again. That was discouraging. So, I waited again a couple of months and relathered and rinsed once again. This time, the second Midland TL was deleted!! $31,000+ debt off my credit report! Note: Each time I disputed with the CRA, I chose a different reason. If one chooses the same reason, they will simply reverify or deny looking into it, saying they already investigated it. Now, I'm trying the same strategy on a couple of smaller debts.
  5. In my lawsuit, Citi's affidavit was signed by an employee of Asset Acceptance, living a half hour's drive from AA's main headquarters in MICHIGAN and notarized by a Missouri notary (HUH???) By digging around, I was able to come up with her information. My daughter even called AA and asked for her by name, saying she needed to update her personal info for her auto insurance. The receptionist said she was out to lunch. Of course, this was only one small nugget of my total case. But each piece piles up, no matter how small it may seem.
  6. But the very next sentence says one may generally deny all the statements. If one must give a reason, they would be unable to generally deny the statements. I'm with Bruno. I believe he is okay. A simple Deny or Admit will suffice. Less is generally more. In #1 a simple "Admit I live in this county" would work here in FL.
  7. You don't have to worry about Asset coming back after you. They never had the evidence; they never will. You called their bluff; you won! Great job!!
  8. ANY win is a GREAT win!! It ain't always pretty, but it's the result that counts!
  9. :ROFLMAO2: :ROFLMAO2: That article just made my day!!! I certainly hope I had at least a small part in AA's demise. I feel so bad that their income went down so much last year - had I known, I might have withdrawn my lawsuit against them - NOT! Some of their 2012 income went to me!!!!
  10. As we've said, it is not REQUIRED to file with the court, but from my experience, I would definitely do so. If (when) you file a Motion To Compel, the judge will want to know what you have done on your own to "compel" AA to comply. By putting a copy of the letter in the file, he will have his answer. It can save some time later.
  11. You might want to consider filing a copy of your letter to meet and confer with the court. They will put a copy of your letter in your file. That way, if you are forced to file a Motion To Compel (you probably will have to do that), the judge will see you have already tried contacting them outside of the court to get their cooperation. AA is following their usual protocol. So nice to know that $2million fine slapped on them hurt so badly, huh?
  12. If they have FDCPA, FCRA, and/or state violations, you can sue them. If you have solid violations against them, they will want to settle. You can "suggest" they remove their tradeline in the settlement. They will be most happy to do so, I believe, from experience. They typically dismiss without prejudice, meaning they CAN come back and sue you again, but they know they have to get all their ducks in a row first, which takes time and money and, many times, can't be done in any circumstance.
  13. I agree about complaining to the State Bar. I enjoyed filing complaints with everyone I could (FTC, AG of FL, DE, and MI; and Office of Finance in FL & MI& BBB), knowing it would not affect my case, but it sure gave Asset something to do. In my experience, Asset provided absolutely NO documents. The judge ordered them to come up with the correct dated Card Agreement (you can get those online) within 20 days. In 5 days, I had a dismissal in my hand. I would stick with FDCPA and FCPA and state law violations for the suit. You don't want to "oversue" and cause the judge to get miffed with you and start turning toward Asset, making them look like the victim instead of you. If you have kept good records of costs, including postage, copies, mileage, etc., you can sue them for law violations, as well as for your costs. When I added costs, I included an itemized, dated list. They would need the correct Card Agreement (check date). Some financial companies are part of a "group." HSBC is a large company that handles cards from other companies. That may not be a fighting factor.
  14. Oh, they forgot to add under "Benefits" that the chosen applicant is at risk for being sued personally! Gunny, you forgot, they DON'T train their collectors! They give them a phone and a list and say, "Call!" That's why we are so successful
  15. All the spaces on both TLs are blank. No dates, no amounts, nothing but a partial account number. At the bottom on all three CRAs, it simply says in all caps, "NO STATUS." I've never seen anything like this. At the top, of course, it says Midland and has their contact information. Over a year ago I first sent 2 DV letters (one for each account) to Midland after receiving a dunning letter from them on each account. I only received another dunning letter on each account. I DV'd a second time, to which I only received another dunning letter on each account. Then I went to the CRAs and disputed, only to come back verified. From that point on, it has read "NO STATUS." I've been too busy to pursue this further. I also was waiting to see what would happen next, i.e. they fall off my credit report. So far, that has not happened. Each month now for about 6-8 months, they have each read "NO STATUS." Normally they would not be due to fall off until 2014.
  16. I have two TLs from Midland on my CR for two different accounts, I disputed each of them, and they both came back verified. I then re-disputed them, saying they were not mine. Now, they have come back again verified, but show NO STATUS on them, and all the spaces are blank (no amounts, no dates, etc., etc.) What does that mean on a TL? Why do they not just delete them if there is "no status"? Does this still hurt my credit score the same way as if they blanks were filled in? The debt is outside the SOL, so I'm not worried about shaking the cage.
  17. It seems to me that they are trying to establish chain of custody of the debt being handed from the O.C. to JDB to JDB. However, in order for these documents to hold up in court, it is my understanding that they would need to provide a live person from each of these companies who is familiar with your account in particular to testify and be available for cross examination in order for these documents to not be considered hearsay (standing). Have you read Coltfan's thread on standing?
  18. Here you go, Coltfan! We cannot have a stressed Coltfan, that's for sure!! P.S. When you got to post, click on the smiley above the reply box. Under a row of smileys that pop up it says "Show all." Your gun is a small way down the list. Happy now? Good!
  19. Woohoo!! That's what we're talking about!! Great job! I know what I would be doing next
  20. As you probably already realize, others may have a different opinion, but mine was "pound that rock." I would send the second set. The bear is not sleeping.
  21. You are doing a great job! Keep tightening the thumbscrews. The above is typical behavior of AA. In their suit against me, I had to file a Motion To Compel to get AA to answer my discovery. And their being all over the charts on information such as what you said above, is typical also. Again, they are not planning on your fighting them. So they don't care if their ducks are in a row or not before filing suit. Then when you question them, they have to catch those ducks first before they try putting them in a row, if you know what I mean. IF (I doubt it) this should go to court, I would use the above confusion in court to show how in the heck can I know if this is my debt or not????? This is lack of standing. You can even use it to amend your affirmative defenses now, if you want. That will help shake AA off your back. If you decide to amend your Affirmative Defenses, be sure to follow your state's rules of civil procedure in doing so, i.e., do you have to ask leave of court to amend? Keep fighting!!
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