Cat123

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Everything posted by Cat123

  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 court ordered mediation and again, several packages and the same info to the lender, through our attorney. In the meantime, we were subjected to a Federal Bankruptcy Audit (Holy moly), because our case, and numbers, threw up a red flag. We came through that just fine. Not fun, but AOK. Then, we were denied a modification based on income. They used only my husband's SS income, and not mine, which is about $150K/ year. We applied for an appeal and rec'd a notice they had received the appeal on October 6, and on October 12th, Columbus Day, they sent us a letter of denial based on the same figures they had before, which are totally out of whack, showing a DTI of 201%. We have been making our Chapter 13 payments on time and with no problem. Our principle has now increased from $679K to $723K, and the numbers on the judgement, we have found, do not include credits for taxes paid. Is there anything we have left to fight with? It just seems they have never acted in good faith... at all. The ONLY reason to stay with Chapter 13 is to make the arrears payments over 5 years. Thank you.
  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 if they will talk to me about settling? Can I decide to go the court route or ?????? I'm in a pickle. The judge was very nice, I thought. He said, "Do you know what you're getting into? It could be much more onerous. It's not a magic bullet." By the way, it took them 8 months to respond to my MTC, and another 4 to get to court. Thanks for anything and everything.
  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 notice of dispute from a credit reporting agency. 3. They state there is no "Florida Consumer Protection" law. They also re-state breach of contract, unjust enrichment and account stated. What this whole thing comes down to is that we had to try to work things out with all our creditors, which we did, except for them... so far. We all agreed to a settlement, but they wouldn't put it in writing in the correct form. They basically wanted us to send them a check with no agreement that it was the final amount. We tried and tried, and one office would tell us one thing and another office would tell us another. I truly do not know what to do.... at all. We just rec'd the "respondent's brief" and arbitration is tomorrow. They also included an affidavit from the Lead Litigation Specialist for the servicing company who stated the billing/statements are correct. Ugh. Hope someone can give me some words of wisdom to get through this. Not looking good, is it? I just don't know where to go with this. Thank you.
  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 notice of dispute from a credit reporting agency. 3. They state there is no "Florida Consumer Protection" law. They also re-state breach of contract, unjust enrichment and account stated. What this whole thing comes down to is that we had to try to work things out with all our creditors, which we did, except for them... so far. We all agreed to a settlement, but they wouldn't put it in writing in the correct form. They basically wanted us to send them a check with no agreement that it was the final amount. We tried and tried, and one office would tell us one thing and another office would tell us another. I truly do not know what to do.... at all. We just rec'd the "respondent's brief" and arbitration is tomorrow. They also included an affidavit from the Lead Litigation Specialist for the servicing company who stated the billing/statements are correct. Ugh. Hope someone can give me some words of wisdom to get through this. Not looking good, is it? Thank you.
  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.
  15. Thanks for the tip. I've actually had a few and I haven't connected any of them. Learning curve issue. I'll do better. Oh.... so the fact that my insurance went up could have been because of this. I see. As to admitting the debt....Not that I know of. :>) I've used "without knowledge, neither affirm or deny, and deny". However, I did affirm the last four digits. Also, I rec'd statements from 2005, but nothing from 1987 to 2005 (and there was a beginning balance in 2005). Thank you!
  16. Going in to Arbitration and I filed my answer to their counterclaim, which was Breach of contract, account stated and unjust enrichment. At the same time, I filed a complaint re: deceptive and unfair trade practices (FDCPA and FCRA). I then received their request for production. I've studied and reviewed and I have all copies of correspondence. However, I really don't have a clue as to what my actual damages are. Time? Stress? For instance...1.) They didn't report the account as disputed with reporting agencies. What are my damages? 2.) Multiple offers of settlement rec'd when another was pending... Settlement reached but they wouldn't give us anything in writing stating exactly what needed to be stated so that we have something firm.... We timely elected Arbitration which they fought against (which is against their agreement). I just can't seem to put together damages. And the other question, is there a form on this Board for answering a request for production? Just want to make sure I use the right wording. Help, please!!!!!
  17. Any thoughts on this situation, anyone? Sued by Target for $10K. Went thru 2 JDC's first, then sued on "Open Account and Account Stated." I filed a MTD and invoked Rule 1130, quoted case law. JDC had one piece of paper and said, "We have records!". Judge denied the MTD. That was mid February. I then filed a Motion for a More Definitive Statement within the time frame. Haven't heard anything since, but the Red Card sale to TD was final in March, also. Could that influence what the JDC does or does one have nothing to do with the other? Thank you.
  18. Thank you, Racecar...much appreciated! This is the 2008 agreement, but it should do just fine, IMHO.
  19. I am hoping to find a 2005 (or maybe even 2006) somewhere, and have so far been unsuccessful. I did find a 2008 on-line, but I believe the 2005/2006 Arb agreement has a "we will advance all fees" clause, which the 2008 does not. The 2008 states we each pay the initial fee, but I select the agency, and that we are each responsible for our own expenses. It also states, "We will also pay or reimburse you for the Admiinistrator's fees, if the Arbitrator deems it is necessary to do so." I think the 2009 or 2010 also gives them the right to choose JAMS or one of their choice. I am trying to figure out the Federal Reserve site at: http://www.federalreserve.gov/creditcard According to an article I read which took me there, there should be a drop down list showing the major carriers and that on one carrier alone, there were 10 different agreements. The 2008 I have is difficult to read without subscribing to the service, but it may do. Here is the link to a HUGE on-line document library http://www.scribd.com/doc/34862708/Cap1cardagreementArb However, in 2009 all carriers had to give the Federal Reserve a copy of their agreement as that was when they had to make the agreements actually readable and unstandable. So, I doubt if I can find anything earlier than 2009. The 2008 will do, I just want the most I can get and that appears in the 2005/2006 version. (Been with Cap 1 since 2001, at least.) The 2008 also includes a Survivability clause. If anyone can help with the 2005/2006 agreement, thank you. Thank you.
  20. Thank you so much. We have spoken to 2 atty's, but trying to learn, learn, learn so that we can somewhat plan. Very much appreciate your help. Now, if I could just find a 2005 Capital One card member agreement, it would make preparing my answer tomorrow much easier. I know there is an arbitration agreement in there, but I cannot find mine. Thanks, again.
  21. I just this weekend read about the "Bankruptcy Residential Mortgage Mediation Program", but it's been around over a year. Here is the link to the article. http://www.bankruptcylawnetwork.com/bankruptcy-mediation-program-discussed-on-89-9-fm/ It sounds promising, for sure. As for the "creditor judgement" question.... We may choose to go Chap. 13 and I didn't realize that unsecured debts where a judgement has been ordered get priority treatment in the repayment plan, and was wondering if there are any exceptions or anything else to consider. Thank you!
  22. I hate to ask this question as you think I could find the answer somewhere on this Board or otherwise, but please, what does BOP stand for as to a filing? Thank you.
  23. I'm trying to find out if there is any way to avoid a Creditor Judgement if I lose a case (credit card) through bankruptcy. I understand the unsecured debt becomes secured once a judgement is placed on it. Secondly, I'm having difficulty in finding out much about bankruptcy modification through mediation, in Florida. Anything is appreciated.