Cat123

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About Cat123

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  1. I just don't know where to go from here. We've been dealing with this since 2010. Fell in to arrears, Indy Mac to One West/Deutsch Bank, to Ocwen. Hired an atty. but time and time again, doing absolutely everything all servicers told us to do, we still couldn't get a completed package to them. We were unprepared at court as to what would happen and accepted a judgement of $679K. IN THE MEANTIME, we were able to reduce all debt and/or pay off and our 2nd mortgage was dismissed by SunTrust. We then had to file Chapter 13 to get a stay and the sale date was cancelled. We were granted a
  2. I got what I wanted and won my MTC arb with Cap One. Atty was so ill-prepared. The 2008 agreement was the show stopper, although they tried the 2010, and Ross vs BOA didn't come in to it. Now what do I do? I don't know that they did anything wrong. I wanted to buy some time until deciding for sure on Chapter 13. I suppose I just start at page one... but is there is a list of what could be violations? I saw a few things, as I recall, posted by Linda7. So.... what if I decided not to go to arbitration? I have to initiate withing 30 days and then case will be dismissed. I wonder
  3. Do you happen to have a Cap One arbitration agreeement? Multi-years a real plus. Thanks so much.
  4. If one owes the debt, tried to settle but OC attorney renegged, and now going to Arbitration, what should I be expecting to happen tomorrow? I can't rely on the violations as the OC atty./debt collector is a separate entity and it appears that has no relevance in Arbitration. I would just like to be somewhat prepared for what will probably happen. Anything will help. Anyone?
  5. Now I have no clue as to what to do... I just rec'd an Arbitration brief from the atty for the OC. First, there is a different court named. (different county) 1. But in the brief, they state that all our statements in regard to violations have nothing to do with the creditor as they are not subject to the fair debt, etc. rules. They state "XXXXX" is a creditor whose main business is banking and finance. "Since they are the creditor, FDCPA rules do not apply when they are collecting their own debt." 2. They state that our claims re: FCRA aren't any good as they did not receive a not
  6. Now I have no clue as to what to do... I just rec'd an Arbitration brief from the atty for the OC. First, there is a different court named. (different county) 1. But in the brief, they state that all our statements in regard to violations have nothing to do with the creditor as they are not subject to the fair debt, etc. rules. They state "XXXXX" is a creditor whose main business is banking and finance. "Since they are the creditor, FDCPA rules do not apply when they are collecting their own debt." 2. They state that our claims un FCRA aren't any good as they did not receive a noti
  7. You all are wonderful. Thank you again, and again.... and I'll let you know how it all comes out. Sure got one heck of an education. This time last year, I would have thought a MTC was a just a friendly hand wave.
  8. So..... Now we are waiting for the upcoming arbitration meeting. We were going to be in that area, so we played nice, nice... and agreed to meet 2 hours away from us. Also 2 hours away for the Judge. Then, the atty. said their office is "not available" and we need to decide on another. We chose to go to the JAMS office, which is 5 hrs. away for atty. We have now been notified that a telephone arb could take place if all agree. I don't think that's a good idea. Suggestions? Strategy? Thank you!
  9. So..... Now we are waiting for the upcoming arbitration meeting. We were going to be in that area, so we played nice, nice and agreed to meet 2 hours away from us. Also 2 hours away for the Judge. Then, the atty. said their office is "not available" and we need to decide on another. We chose to go to the JAMS office, 5 hrs. away for atty. We have now been notified that a telephone arb could take place if all agree. I don't think that's a good idea. Suggestions? Strategy? Thank you!
  10. Good to know! I don't know how I could have made it through the last year without this board. Just amazing, amazing people every where I turn.
  11. Yes, everything I send is certified.... and I did it multiple times, to which they never responded until arb commenced, over one year. Thanks much. I'll let everyone know how it goes!
  12. All that matters for the lawsuit is if they can prove they are a real party in interest. The name on the complaint has to match whatever proof they submit. I haven't seen anything showing exactly that, other than their letters stating they have been retained, and Discover charged it off 12/11, and then the law firm started in.
  13. Just curious.... Being sued by Discover Card, that's what it says on the statement, too. But, my credit report states Discover Financial Services, LLC, with all numbers matching the complaint. Is the wrong entity named in the suit? Thank you.
  14. How did you dispute, and what did you say you were disputing? Req'd DV disputing the alledged amount And it's a law firm with the OC as Plaintiff.