Countrygirl8

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About Countrygirl8

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  1. I may be new here but I don't think, from all that I've read, two account statements are enough to prove ownership of an account. I mean it's convincing but I would hope the court would expect more evidence than that. I'm sorry Linda7 for asking so many questions, I just thought the language about who was responsible for paying for the arbitration after the initial payment was questionable in the credit card agreement. If the company is indeed responsible for everything except for my $50 contribution, then I'm okay. If the fees actually fall on me, there would be no way I could afford to take this route. What do you mean by "On the other hand if they do sue you - you have a nice counterclaim that you could use if you stay in court or you could proceed with arbitration and use their breach of contract as a claim in JAMS." Do you mean, I can just kind of hold off for now and see how they take my correspondence regarding being judgment proof and should they proceed, I would have a claim against them without giving them notice of arbitration with JAMS both in small claims or if I pushed arbitration and got it moved there? After all, if they own the account, they should know what's in the agreement, right? (I don't think I stated it but this account is only allegedly a $3,000 acct w/$1,000 being added for fees, etc). I would like, as I think most people would, to take the least baiting approach. I apologize in advance for all the questions. I'm really trying to take in all of this information and your knowledge but I'd be lying if I said I wasn't having trouble. They say the devil is in the details and I've found I'm always the underdog when I can't understand my opponent. These debt collectors play by such an underhanded set of rules that I can't wrap my brain around and find myself struggling to understand. Just to note.. there isn't anything on my credit report about this account being "in dispute". Thanks so much again for your time, please know, it isn't lost on me..even as confused as I may seem with everything I am taking it all in and appreciate all the advice and information (:
  2. Okay, Linda7 so I couldn't wait until the morning. Under the arbitration agreement it says I would only be responsible for $50 and the credit card company, at my request, would be responsible for the rest of the costs up to $1,500. Does that sound right? That would mean instead of costing them $100 to file in small claims, it would cost them $750 to file with JAMS. It then seems to throw the rest of the costs on me if I'm reading it correctly. I'm not trying to be a bother, I just want to fully understand this whole thing and it seems to be that it's throwing all the financial responsibility on the one requesting the arbitration. (pg 12, second paragraph) ): I'm also wondering if this is the best way for me to go strategically as I don't have the income to pay should I lose and in MA in a small claims court my income is exempt from a payment order (I don't know if it would be the same in arbitration, I'm thinking not). I was up almost all night going through the threads trying to understand the rules of arbitration but I'd be lying if I said I wasn't left with a few questions ): so I apologize if what I'm asking is common sense in arbitration and I just missed it. I'm going to reread everything for a third time as I know one tends to understand more each time you go over something and please know I'm not questioning your knowledge Linda7, you definitely are an expert when it comes to this but my income is REALLY limited and I just wanted to double check I'm where I should be. Thanks (:
  3. Thank you so much Linda7!! I can't believe you found all of that information for me. I appreciate it more than you know. I'm going to go over everything in the morning and write my letter. I don't want to waste any time. Not to give you a sob story but since my accident in the fall of 2010 my life has changed drastically and will never be the same. After a year of physical therapy and work by excellent doctors, physically I look pretty much the same, the scars I have been left with emotionally though are paralyzing (I'm leaving out my main disability as MA is a small state and it would be easy to identify me by it if someone who knew me was on here). I have learned that it is okay to ask for help but to be very careful who you ask. Needless to say many people who I thought I could trust, I couldn't. Thank you for helping me with something so important that I could never have handled on my own. With this being all new to me, I hope you don't mind if I take you up on your offer. Please know I don't expect you to write the letter for me but hopefully I can put it together and you could maybe go over it and make sure I'm on point with everything. I don't want to make another mistake like I did with the last letter I sent them. Thanks again (:
  4. Thanks Bruno (: The law firm is Cohen & Assoc., P.C. out of Salem, MA. Their validation names Jeremy M. Cohen specifically. After being made aware of the nature of my income, which I don't wish upon anyone, if they still choose to come after me then I'm willing to fight however I have to. I've pretty much reached the point where I'm ready to say I won't be another one of their victims. I just never thought the strength would come from the help of absolute strangers (:
  5. Gotcha, thanks!! Here are the missing dates. I opened the account on 12/01/06 and according to the free credit report I just ran, the account was charged off as off May 2010. Under creditor's statement it says "Purchased by another lender", I don't know if that makes any difference. None of this probably matters but there is something odd about the amount they have listed as being owed when the account was closed. The amount they show being owed when the account was closed is higher than the statement shows that I owe which I received in my validation request (before their fees, etc.) from the atty representing Main St. I just thought that was odd. All in all though I wasn't as devastated by my credit report as I thought I would be (it's been a tough couple years). I did see some things that I will need to be doing some more research about on here regarding Capital One not reporting their accounts accurately but that is the least of my worries right now. Over all, within the next five years or less, I should have less than ten bad marks which I know probably still isn't great but when you live on what I live on, believe me, it's not so bad (I don't even know what the majority are as they are not on the main page so I'm thinking they might be from medical bills). Thanks in advance for you help. Please let me know what I should do from here. If I can be one step ahead of these people, that would be wonderful (:
  6. Thanks Coltfan1972, looks like I blew an opportunity then by not putting I refuse to pay in my letter, I only implied it. I was just afraid to wait any longer to respond and I wasn't sure how often people return to threads as I know beyond the fact everyone has busy lives, there are so many people on here that need help. I had their response to my request for validation for a week and a half before I opened it. I know that might sound irresponsible but I just needed to get through the Capital One case. It was too much for me to deal with both at the same time. I don't really have any support (as in a shoulder to lean on about this stuff) and in order to keep my sanity I dealt with it the best way I could. The language "Be advised this is not a refusal to pay" from the example letter I got on this site just made me think there was a reason I couldn't refuse. Thank you Linda7, I'll do some more homework and get the date the acct was opened and the year of default. Now that I think of it, I have a credit report from early 2009 that will answer the first question (I'm sorry, I didn't even think about it being on there), I just have to find out the second. How do we check for an arbitration agreement? Thanks again, I truly appreciate all of your help!! It means more than you know not feel so alone in this fight.
  7. Thanks BrunoTheJDBKiller! I just wanted to be sure. The wording had me worried and considering how sleazy these jdb's are and how sick to my stomach they make me, I just don't want to mess anything up. I want to be on point and five steps ahead of whatever they have planned (: (sorry this gratitude is reaching you a bit late, I thought I sent you a pm saying the same thing just in case you didn't revisit my thread but I didn't realize it didn't send as I don't have enough posts to send a pm..sorry..I hope you see this because I truly appreciate the help).
  8. Yes, thank you for serving and thank you for your offer to help (: My question was actually answered earlier in the thread and I didn't want to repeat it so I deleted it. Thanks!
  9. Re: legaleagle: I'm new here and this thread is a bit older but in case you look back I wanted to say thanks for a little comic relief while proving a very valid point! If you saw the clerk magistrate that hears the cases here in my county, it would be very interesting to see someone be brave enough to present your argument. He's a pretty big, intimidating guy but I'd still love to see his reaction. Anyway, I know you were just displaying some comic relief and sometimes when dealing with such a stressful subject it is much needed...for that I thank you. Personally, I needed the break, Thanks. To all that have contributed so far...I want to thank as well. Along with many others, I also got a lot of vital information from this thread. You all don't know how much you help complete strangers and how much we truly appreciate it! Sorry ): Referencing legaleagle from page 1 : "Midland buys in bulk, listing separate accounts on the bill of sale is "infeasible" funny huh?" "My argument would go like this: (photoshop some crap and bring it with you)" "Your honor, the plaintiff has admitted in their argument that they have no admissible evidence establishing ownership of this account because it is "infeasible" to produce said admissible evidence. I could, and do now, produce a similar "bill of sale" for demonstration purposes only. This bill of sale shows that the professional wrestler "The Undertaker" bought 15,000 accounts from Midland. Unfortunately, your honor, one of them is claimed by the Undertaker to be yours. He has retained counsel; McMahon, McMahon, and The Heartbreak Kid Shawn Michaels, to represent him. He claims that you owe one million dollars to him. He wants his money, and if you fail to pay, you will have to particiapte in a "coffin match" with him at the next WWE pay per view per the terms of the agreement which he cannot feasibly produce. All this, your honor, is designed to somewhat comically demonstrate the complete lack of any legal foundation in the plaintiff's case. The attorney for the plaintiff has come to court, but forgot to bring her case with her. Then again, she has no case."
  10. If I could, I have one more question. I was at the post office about to mail my letter withdrawing my previous offer to settle and denying the debt but something sat in the back of my mind. When I sent my letter requesting validation (the format I got from this site) there was a line in it that specifically stated that it wasn't a refusal to pay. I hope this doesn't sound stupid but if I refuse to pay can they somehow get a default judgment? I'm just wondering now why that language is in there? As I mentioned, if they take me to court, and by chance win a judgment, they are just wasting their time as my income is exempt from a payment order and with as little as I get there isn't any extra that I could voluntarily offer at this time but if I can eliminate the court process altogether that would obviously be the route I'd like to take.
  11. The original creditor was HSBC. I lost my job in the middle of 2009 but apparently still tried to continue to pay on this account until the end of that year (last pmt 12/09). It went into collection, I believe, in March of 2010, and then was subsequently bounced around to four collection agencies after that supposedly all affiliated with Main St. Acquisition (would that be because they are not licensed in MA? The most current one is a MA atty). So five collection agencies in all, if that makes sense? I honestly don't know the date when this account was opened or when the oc charged it off. Since losing my job and then being in a near fatal accident I haven't used a credit card. I have worked with legitimate creditors to pay off and settle my debts. I simply haven't been able to work these unreasonable people who want to add on unrealistic charges and fees with every blink of an eye.
  12. Thanks c: I think it was a matter of needing it more than my opponent! I just realized that the attorney on the other issue I have is actually representing Main Street Acquisition Corp. I have a feeling this will be another battle similar to the Cap One. I'm headed out to mail my letter withdrawing my offer to settle with them. If all they have is their two account statements from 2009, I don't think they have enough to win even if the sol hasn't run out and they pursue a lawsuit, or am I way off?
  13. Thank you all so much for your help! I've had some tough battles in my life but none like this. It just hits you at a different level. Being able to ask these questions and get feedback is huge! It makes a person feel less alone which I bet is how the cc companies want you to feel, not to mention humiliated. I'm off to write my letter rescinding my offer. Hopefully, that makes them take a second look at the "easy" money they thought they could collect. I may have already used up my good luck for the year with Cap One but we'll see what happens....Thanks again!!
  14. I didn't believe it was true but I won a suit against me brought by Capital One due to their lack of documentation. The assigned attorney expected everyone he corralled up to agree to the debt he stated and sign on the dotted line. Only two of us didn't. He didn't have any documentation for me and I won the case without barely saying a word. My worries aren't over however. I have an old account that has been passed around three or four times to different creditors and I have been recently contacted by an attorney's office. Wanting to settle this account and get rid of this dark cloud (the last of my credit card debt) I made the mistake of writing the latest of the many debt collectors who have owned this account, without verifying their amount (since I was low balling them anyway), and I tried to settle the debt. This was before I found this website. In an effort to salvage anything, if possible, I followed that letter up with a request for validation and stated that I had gone over the previous documents of what I believed was the same account and the numbers did not match up with their claim. They have yet to respond to my settlement offer but they did respond to my validation letter. All they have is copies of two account statements from 2009 or at least that's all they sent me. I'm almost tempted to just let it go and see if they file suit. I don't believe that's enough documentation to win a case here in MA? My only hesitation is the letter I sent trying to settle the debt. Could that hurt me? Also, after a near fatal auto mobile accident I have been left disabled and my income is exempt from a payment plan by MA law. I'm tempted to send them that information in case they don't know it. I wonder if they do and are trying to scare me into an agreement by stating in their letter that they haven't filed suit..yet? I don't know. I don't think I'd be so angry but like I said they are, I believe, the third or fourth owner of this account so I know they haven't paid much for this account (we aren't talking about a $5,000 account here, it's a bit less) and they are adding over $1,000 for their fees, etc. They are trying to make a buck on the little guy, a disabled little guy at that. Just to note, I have contacted previous owners of this account in an effort to settle but once I told them my financial situation, they never responded. Looking back, they must know the law regarding disability income here in MA. Any help would be appreciated. I did try and find other threads but couldn't find any that pertained to MA.