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Everything posted by skihaus

  1. What options do I have now to make them prove I owe on this debt?
  2. @BV80 @TomnTex I found this template on this site. So should I not be using it and should be something as simple as above? The couple of times I used it, it worked the OC went away. This last go around that @TomnTex has commented on as well it failed me. Apparently they verified by obtaining an affidavit.
  3. @TomnTex Thanks. The affidavit is proof? So does this mean I need to start engaging in the settlement process?
  4. Here is what I use, good luck! Sample_DV LTR_100614.pdf
  5. Hello, I sent my DV request on May 26, 2014 and just now received a response. The response included the usuall sloppy work which included: Copy of the card agreement A screen print of what appears to be their mainframe system (my account record at the DC) Lastly an Affidavit (see attached) that was notarized and signed on July 8th, 2014 in MO Is this enough proof or can I take the next step and resend a letter indicating that they are in violation of FDCP s.809. Thank you for your help.
  6. @BV80 Thank you both for your input. I can't afford to settle at this time. It's pretty much a sleeping dog and I think I will just wait at this point. @TomnTex I like where you are going, but what is the alternative? Fight them or wait out the SOL?
  7. @BV80 Thanks for the input. So I assume if it does go to another CA just send them a DV again? Does this irritate the OC and they might just consider sueing?
  8. Hello everyone, I sent a DV to the CA and they responded as follows: We have requested your letter of dispute reagrding the referenced account. Please be advised we have closed and returned your account to OC. If we had previoulsy placed a negative report on your credit regarding this matter, consider this your notice that all CRA have been notified to delete this reference from your credit file. Any further questions regarding this account should be directed to OC. Is this good? Do I wait until their next move now? Thanks for your input.
  9. In regards to this statement. I assume I'll need to review some other topics to avoid paying the JDB, which I would love to do myself. So far sicne we started this process we have been sued twice and I have some experience with that process, but not paying the JDB would be a new adventure.
  10. Thanks for the response willingtocope. If a JDB continues to collect (which I'm sure they will) and if I settle or win in a suit with them can they then again send me a 1099C?
  11. Hello, We stopped payment on 2 chase accounts a little over 4 years ago (still within SOL in CO). Over the wekeend I receievd 2 seperate letters from Cahse regarding these accounts stating that they are no longer going to pursue collections. That we will recieve IRS form 1099-C, which I understand. Also that they will continue to report activity to the bureaus. Over the years we have received numeros letters and calls from CA - JDB on behalf of Chase. So I have several questions: I have never heard of this happening - is this possible? We have been sued by Discover and CRAP1 over much smaller amounts so I am surprised. It's my understanding that at time of write-off, Chase sold the debt to a JDB and doesn't own it nor the rights to it. Is that not the case? If this is true, what activity do they report to the bureaus? Can a CA or JDB still try to collect? I have heard on Dave Ramsey's radio show of people receiving notices from a CA on old debt past SOL or even debt that has been paid.I appreciate your input. This forum helped us tremendously a year ago when we went to toe-to-toe with CRAP1 in County Court. Thanks!
  12. Anyone have any experience with a mandated mediation session? How to handle this session I requested a dismissal in my response - is it possible I still may here from the court? I still haven't received anything from the court after my response.
  13. Thank you all for your responses, input and sharing your experiences. This is very helpful in my continued research. So now I just received a letter from M & J indicating that I am scheduled for a mandatory mediation session. They provided a copy of the Douglas County Civil Mandated Mediation Order dated January 11, 2010. The mediators are, The Elledge Group, INC in Englewood, CO and Office of Dispute Resolution (ODR). The final page is requesting my acknowledgement of receipt, however if it is mandatory why would I need to acknowledge. Anyone have any insight on this process? As always the cover letter discusses options to settle and that M & J would prefer to settle prior to this meeting, etc.
  14. So here is the game changer, but maybe this is the order of events. I am not sure how this works since this is my first time. Today I received a payment option or as M & J call it a Settlement Stipulation. The format of it looks like a complaint, but the cover letter indicates that it wasn't filed with the court until I sign it. They also included a payment booklet, which I thought was real cute. Does anyone know, are theses scare tactics? Should I just keep waiting to hear back from the court? I Is there anything I can do to be proactive in the meantime? I appreciate any input or other's past experiences. Thanks!
  15. Thanks for the reply! My response to the court was the following: 1. Allegation 1 – Admit 2. Allegation 2 – Denied. This request calls for admission of matter defendant has denied and thus it is improper. 3. Allegation 3 – Denied. Responding party objects to this request on the ground that it is vague, ambiguous and unintelligible in that the Responding Party has to speculate as to the meaning of “the credit card” and “the account.” 4. Allegation 4 – Admit. 5. Allegation 5 – Admit. FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. AS AND FOR AFFIRMATIVE DEFENSES 1. Plaintiff fails to state the basis of the lawsuit. 2. The action is barred by the Statute of Frauds. 3. The court would unjustly enrich the plaintiff by granting the relief sought herein. 4. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney’s fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. WHERFORE, the defendant asks the Court for judgment: a. Dismissing the complaint therein with prejudice I have listed the allegations in summary for better understanding of my response. The allegations were: 1. Place of residence 2. You owe 'x' 3. You held a credit card with account # 4. You are not a minor, incompetent, etc. 5. Request a jury I think if I want discovery I would have to file a counter-suit. Not sure how that works. Let me know what you think.
  16. Looking for answers

  17. Hi muchneeded, It sounds like you and I are putting up the good fight. I'm curious, do you mind sharing your attorney's information. I looked for one in CO, but found a bunch of bums who want to fix my credit or file a BK for me. How is your case going? I'm still waiting on a response from the court myself.
  18. The latest update - I was scheduled for court today or respond. I sent in a response denying everything, except name, address, etc. I also added the affirmative defenses that applied as discussed on the home page. Contacted the court a day later since I sent everything certified, signature, etc. They stated the court date was pending until further review. In the meantime I received a package via First Class Mail from M & J that contained a generic copy of the cardholder agreement and copies of statements from April 2011 till the account was charged off in July 2012. My question is, should I respond to this, if so how so? Also there was a cover letter that stated...We are attorneys...blah, blah, but our client is prepared to take a reasonable offer...blah, attorney nobody cares at 303-xxx-xxxx. I realize in my research and having talked to court clerk that I should be hearing from the court as well. I welcome comments, suggestions, experiences, references and/or resources. Thanks!
  19. Thanks BummedByDebt, but I don't qualify for arbitration since my agreement was when they removed the option. @ muchneeded I called the court and they confirmed the court date was set. I'm going to send my response tomorrow certified to the court and Mas%$ole & Jacka$%nes. I will deny everything except for material information, ie address. I will keep you posted. When is your alleged date?
  20. Thanks Linda7 - the answer to your question is 2011 was when the last payment was made. No the account was inactive after 2011. No I have not filed yet since it costs $75 and I wanted to research all my options before filing. I will also review the post you attached.
  21. Cliff2009 - Thanks again for your responses. In the meantime I Was able to confirm that the account was opened in 2000. This agreement includes JAMS. I spoke with a JAMS representative yesterday and she stated I would need to submit copies of the agreement along with a check for $250. My question to you is the ordering of the process, did you file the MTC first and then follow-up with a payment to JAMS or did you not even get to that point since it was basically dropped in your case? I might getting ahead of myself, but I'm trying to understand the steps that need to take place. Second question, in your court system did you have to pay a fee to file the MTC? The county court charges $75 in order for me to file a response to the complaint, but I'm not sure if that applies to an MTC. I will contact the county clerk today.
  22. Cliff009, that is a great testimony! After you filed the "Notice of Arbitration Election" did they respond to you or did you immediately proceed with the MTC? Did you use a sample MTC in the forums? I found this one, but I want to make sure it is applicable to my situation. I'm guessing I could post my version for comments. I guess after all this the worst is still the law suit so why not keep fighting as Luck7 mentioned the other day.
  23. I just contacted the county clerk to obtain information on the court rules and how to file a request for an arbitrator. She stated and I quote, "It might be fruitless of you to request an arbitrator since the Judge requires mediation before trial." Almost as if she is on the payroll of the attorney's office. Going into mediation with the Plantiff's attorney sounds like walking into a Lion's Den, hmm I don't think so. Any thoughts?
  24. Thanks Cliff2009 - Would you mind sharing more of your experience in this process? Did you use JAMA? It seems CAP1 offers all 3 agencies. What was your outcome? Thanks!
  25. I should clarify it was definately pre-2008. Does that mean you are grandfathered into the agreement at time of inception? That would be great if that is the case. Also do you know how I could confirm which agreement I fall under? Thanks!