homeschool mom

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Everything posted by homeschool mom

  1. If Midland bought Asset Acceptance, I would like to know if I will have a way out of a "stipulation" entered with Asset accept in 2012; with the following scenario: 1. No judgement at this point; only a lawsuit agst me with conditional settlement issued by the court (based on stipulation with Asset Accept thru old atty). 2. substitution of atty recently filed by Asset Accept - May 2014? (cannot make out the name of the Asset Accept signatory). New debt collector is MCM (Midland), with their billing statement showing "Asset Acceptance" but with MCM address in Warren, MI. 3. Asset Accept Statements prior to entering Stipulation was a "composite" of statements from two creditor companies. QUESTION - Was wondering if it is wise at this point to rescind the "stipulation" not filed with the Court? Also, the May 2014 statement showing " Asset Acceptance" address but is in fact MCM - is that a misrepresentation of facts? Also, validating the signatory on the "substitution of attorney". If at this juncture (MAY 2014) Asset Acceptance is no longer "in existence", would that be considered a "misrepresentation of facts" to have someone sign "on behalf of a non-existing company"? Thank you much for your help!
  2. Received today a Statement from the new Debt Collector (MCM) collecting for an alleged creditor Asset Accept with address in Warren Michigan. Did a little research and found out the address on MCM statement does not belong to alleged creditor Asset Accept but MCM with a lawyer for a contact info. With this blatant and outright misrepresentation of facts, I am trying to figure out if they are violating FDCPA rights, and if so, what is/are my recourse? Other details as follow: 1. Asset Accept sued me in 2012 via their attorney Fulton Friedman Gullace. 2. Entered into Stipulation to pay monthly. Stipulation not on Court Docket but Court issued 3.1385 conditional settlement (to dismiss entire case upon my full payment of stipulated amount. Stipulation has FFG to issue statements which they never did, but I paid anyhow). 3. May 2014 FFG attorney got substituted out by MCM. They had the substitution of attorney filed at the Court. 4. Requested MCM attorney-of-record to issue a Statement and Payment Schedule, which I got today. However, I have noted that the Asset Accept address is not really theirs BUT MCM -- which makes me wonder - did MCM buy this debt? and therefore no longer owned by Asset Accept? How about the Substitution of Attorney with Asset Accept as the Creditor (with a signature from an Asset Accept "employee") - filed with the Court? If my observations are correct - MCM owns the debt but "pretending" to have Asset Acceptance as the creditor - both on their Billing Statement and the Substitution of Attorney filed with the Court - is there a Consumer Law violation involved? If so, what is my recourse? I need help please on how to deal with these people. Thank you much for your assistance.
  3. Hello...I need help! Asset Accept c/o Fulton Friedman Gullace sued me in 2011, and case is on "conditinal settlement" per 3.1385 - with Stipulation (not in Court records) to pay every 1st of the month, else judgment to be entered against me. I never received statements from debt-collector-atty-representing Asset Accept based on stipulation but I paid every month anyhow. THEN I get a substitution of attorney - with FFG advising that they are no longer representing Asset Accept; acknowledged monies received, and advised me to pay "new people" (MCM in San Diego). Although this is on a FFG letterhead, the person with "stamp signature" is not the one named on the substitution of attorney. I had asked for a statement from "the new people"...and I am waiting...tomorrow is the 1st...but "new people" said OK to pay late? Trying to decide what to do... 1. Should I pay "new people" even if there is no statement and Stipulation is not on Court Record with "old atty" already out of the picture 2. If I were to rescind Stipulation (found out after the fact that statements sent to my former Pro Bono counsel was a combination of two-creditor statements), what do I have to do? I have $700 left to pay. Thank you, homeschool mom
  4. Dear everyone, Been a while, you all have helped me dismiss two cases with Portfolio Recovery Services. The one remaining is with Asset Acceptance (this was before I discovered this forum). A lawsuit was filed agst me 2012 by Asset Acceptance, represented by Fulton Friedman Gullace. I signed a Stipulation (not on Court records, not signed by Judge) and almost done paying. Two new develoments: 1. Substitution of attorney was served to me last week - not on Court files either. (New people - MCM in San Diego saying OK to pay late; the Stipulation with FFG requires payment every 1st of the month, else, Judgment will be entered agst me). I asked new attorney for a Statement showing balance and payment date-requirement. still awaiting response. FFG attorney in CA not in the picture, she said "out of town". Instead, I got a letter of acknowledgement of my payments on FFG letterhead, "stamp-signed" by another atty in NY. (not named in the substitution of attorney) - I asked her to have the "named atty in Substi of Atty docu" to sign it but never got response. 2. My Pro Bono legal counsel sent me the "statements from Asset Acceptance" and discovered the documents are a composite of billing statements from at least "two different creditors" Question - Is Rescinding the Stipulation a prudent move based on item 2? If so, what would be my next steps? (I have $700 left to pay out of a total of $1900, from an alleged debt of over $5K; currently no income except unemployment income from husband). Thank you much to all of you wonderful people out there....helping others fight the "pretender creditors"...."making a merchandise of the unwary".. Homeschool Mom
  5. Excellent Answer - Racecar you helped me before and I just wanted to thank you again for your diligence and dedication in helping needy folks like us. I got my two cases dismissed without prejudice --with the help of all the wonderful people in this forum. Postedup610 - you are in the right place to get help - everything seems to have been laid out for you to file your Answer (except for your recent two items) All the best, homeschool mom
  6. Look up this thread by ASTMedic: How I beat them.. Everything is there on how to beat Portfolio from A to Z...it is easier to win them than you think.. I got two cases with them that got dismissed. All the best
  7. Suggest you look up ASTMedic thread - excellent pattern to follow (which I did in mine). You are in the right place to get help -- you have enough time. All the best to you
  8. This may not be covered in this forum but I will ask anyways just in case something is familiar with any statute that is violated in NOT TELLING THE TRUTH to Consumers. An entity - a servicer of mortgage loan profers two conficting information on their roles --- one, THE LENDER based on their New Agreement; the other SERVICER, and reaffirms this standing when asked to validate their LENDER standing with competent and verifiable material evidence. Both roles are exhibited in written documents that came from them. Any input is very much appreciated. Thank you.
  9. See ASTMedic thread (CA) -- excellent reference material that helped me in my case. Also SkippyB's thread. Wish you the best!
  10. Send CEASE & DESIST Letter --- for template googlesearch FredSchwinn - San Jose Attorney. This will STOP them dead on tracks! Hope that helps
  11. Sandra Pacheco's case - San Mateo California (free online lookup) for back up reference. Also read up on ASTMedic's thread --hope this helps
  12. Also - check out ASTMedic's thread -- excellent strategy to beat these guys! Also look up Sandra Pacheco's case online (San Mateo - free look up)...More than likely you will not even get to that point once you serve them the CCP96. All the best to you.
  13. Dealt with Asset Acceptance c/o Fulton Friedman and Gullace...if you have $100 per month to pay - contact Fred Schwinn- Consumer Debt Attorney in San Jose, CA for initial consultation---not sure where you are from. These people cannot be trusted -- I had made a settlement with FFG --- have not received any statements as per their part of the agreement....I am keeping my records...in case... In hindsight - I would not have made a settlement at all --- YOU HAVE FOUND THE RIGHT RESOURCE in this FORUM --- PEOPLE ARE VERY HELPFUL. PRE-LAWSUIT DEFENSE: (If you have no time to do this - suggest call Atty Fred Schwinn --- charges are most affordable and accepts monthly payments). 1. Send a DEBT VALIDATION (template - Fred Schwinn's website) 2. Dispute with 3 credit bureaus ---reason: awaiting DEBT VALIDATION 3. Debt Validation Unsuccessful: send them a CEASE & DESIST LETTER --- see template on Fred Schwinn's Website 4. If they SUE YOU ---- this forum will help you WIN from A-Z Best wishes to you
  14. Dealt with Asset Acceptance c/o Fulton Friedman and Gullace...if you have $100 per month to pay - contact Fred Schwinn- Consumer Debt Attorney in San Jose, CA for initial consultation---not sure where you are from. These people cannot be trusted -- I had made a settlement with FFG --- have not received any statements as per their part of the agreement....I am keeping my records...in case... In hindsight - I would not have made a settlement at all --- YOU HAVE FOUND THE RIGHT RESOURCE in this FORUM --- PEOPLE ARE VERY HELPFUL. PRE-LAWSUIT DEFENSE: (If you have no time to do this - suggest call Atty Fred Schwinn --- charges are most affordable and accepts monthly payments). 1. Send a DEBT VALIDATION (template - Fred Schwinn's website) 2. Dispute with 3 credit bureaus ---reason: awaiting DEBT VALIDATION 3. Debt Validation Unsuccessful: send them a CEASE & DESIST LETTER --- see template on Fred Schwinn's Website 4. If they SUE YOU ---- this forum will help you WIN from A-Z Best wishes to you
  15. For further reading to help with your case - read up on Sandra Pacheco - San Mateo county (free online access). All the best to you ...(I wish I had found this site when I was sued by Asset Acceptance thru Fulton Friedman and Gullace).
  16. PRA - a JDB. Dealt with them twice in a lawsuit which they dismissed without prejudice. With the amount involved, you may want to offer them what you are willing to pay the lawyer if you were to hire one (note that JDBs buy debts 5-10cents to a dollar if my numbers are correct). Else they have the burden of proof. As such, if I were in your shoes I would 1) Dispute debt with Credit Bureaus 2) Issue a Cease and Desist Letter - see sample from Fred Schwinn's website -- Consumer Law Center, San Jose, California (it worked for me with other debt collectors). Their last resort would be to sue you if they decide to - then issue a General Denial Answer, a BOP, then the CCP96 (see ASTMedic thread on this one -- it is a winner! Also, read up on Sandra Pacheco's case online - San Mateo, CA). All the best to you, homeschool mom
  17. Thank you Big Sister! Since the last posting, we now get this Debt Collection letter from a Collection Agency - Nationwide Credit Inc. ----same account (Ocwen Loan Servicing, LLC), payable to Ocwen Loan Servicing, LLC, but has a different creditor name. Just sent a DV to NCI....since OCWEN, in answer to our DV, (and Dispute with Credit Bureaus), has updated account status as PAID, CLOSED, Written Off, then apparently transferred account to a Collection Agency - is this a circumvention of any debt collection law? (We were told that with Chapter 11 RESPA bankruptcy, - the former servicer remains the owner of the debt because they are doing business as usual. Unless the new servicer Ocwen can validate the debt, this lawyer advised not to pay them--- which we are not in a position to pay anyway with our circumstances.) BTW, Ocwen's first letter indicating takeover of the loan servicing from a previous servicer that filed Ch11 (RESPA) bankruptcy, had the logo of the former servicer, and their logo (much smaller print) together ---with VP signatories from both servicers but no signatures. Any guidance, comments, inputs are much appreciated
  18. FDCPA violation? Please advise if any on the following situation: 1. New Servicer of 2nd Mortgage (Ocwen Loan Servicing, LLC) -- collection letter received with inflated principal balance from the original. Former servicer filed BK Ch11 (RESPA). 2. Sent DV - validating Debt. 3. DV Results - Was advised to disregard their letter. Account was charged off (Paid, Closed, Written Off) by former servicer. They also updated Experian to match former servicer's status as Paid, Closed, Written Off. 4. Disputed status with other Credit Bureaus: Dispute Results - same as item 3. Status was also updated Paid, Closed, Written Off -- both on Ocwen Loan Servicing, LLC, and former servicer. 5. Today, we received a letter from a Collection Agency - Nationwide Credit Inc. collecting on the same debt, under a different Creditor Name, but payments to be made to Ocwen Loan Servicing, LLC. Your inputs are much appreciated. (Property is under water/)
  19. Thank you all for taking the time to respond and illuminate my situation. I just read your postings after a C&D has been mailed CMRR last Friday, May 11, 2013. SOL is August/September 2013. This was a PRA lawsuit dismissed without prejudice sometime January 2013. I gather from these postings I also have to mail a C&D to PRA to cover my bases? (after doing more research I guess that this CSC account is PRA's). ( Just as a side note - I had a lawsuit with Asset Acceptance that got settled 35% to the principal (c/o Fulton, Friedman and Gullace). Despite FFG's advice that they will send me statements, I have not received any so far since I started paying in January 2013. However, the same account was "passed on to a Debt Collector" based in Canada and this forum has helped address the issue as well. I sent a C&D letter and have not heard back from them since. Also called the number -- which apparently is based in NY -- and reiterated what was in my C&D letter.) Appreciate you all for your inputs..
  20. Credit Solutions Corporation of San Diego California is collecting on a debt that was recently in a lawsuit and was subsequently dismissed without prejudice by plaintiff Porfolio Recovery Associates, LLC. I just sent a Cease and Desist Letter, via CMRR (not really sure what I am doing) - anyone out there experienced on squashing these debt collectors who bought credit card debts that were dismissed in a lawsuit? Since I have three lawsuit cases - two dismissed, one in settlement, I was wondering if there is anyway we could ward off these Debt Collectors from collecting again? Thank you, Homeschool Mom
  21. Declaration in lieu of live witness - suggest you look up thread by ASTMedic on this topic ---California case.
  22. wow! excellent responses. wish i had found this forum the first time i dealt with Asset Acceptance. in hindsight, i should have pursued with the lawsuit they filed agst me instead of offering to settle for 35% of the principal. turns out documents they sent in answer to my BOP (bill of particulars) had inconsistent credit card statements (different issuers). most likely, your situation is the same....you got excellent guidance here..follow along... (i had been paying monthly for the settlement but have not received any statements per their previous advise. my account was "apparently sold to someone else -- who is trying to collect after the settlement --i had sent a Cease and Desist and that stopped them dead on their tracks..). best to you, homeschool mom
  23. i echo the same. also look up online Sandra Pacheco's case - San Mateo California. Both resources helped me---plaintiff dismissed their two cases against me - just following this strategy. wish you the best homeschool mom