CN2Ride

Members
  • Content Count

    79
  • Joined

  • Last visited

Everything posted by CN2Ride

  1. I have an SBA loan from 2005 that went into default. It was referred to the dept of treasury and now I'm paying the balance through wage garnishment. Will they or can they continue reporting collection on the account until it is paid in full? I have at least a year left to pay and the default was over 10 years ago. I've tried sending them letters asking for a statement or balance of the account and they never respond. The only information I can get is what they report to the CRA's. I've tried disputing a few times and it always comes back verified. I'm at a loss here to find out if I even have any options other than the endless wage garnishment.
  2. This is the letter that I sent to the furnisher December 22, 2015 LVNV Funding LLC. P.O. Box 10497 Ste 110 MS 576 Greenville, SC 29603-0497 To whom it may concern: This is a Notice of Direct Dispute under the provisions of FCRA §623(a)(8)(D) and 16 CFR 660.4, of the accuracy of information you have reported to my credit file. This is not a request for debt validation/verification under FDCPA §809(b). Account# XXXXXXXX opened 4/1/2010. Reporting to Equifax & Trans Union. Basis for the dispute: You are reporting a balance of $11,XXX on this account with a first date of delinquency of 9/2009. I am requesting that you investigate the accuracy of your reporting and describe the method you used to calculate the reported balance. Please explain how the first delinquency you reported is before the reported “Date Opened”. Also explain how you established the reported “High Credit” amount of $6,XXX. Also, please provide proof of how you are certain the account belongs to me as you just confirmed with the credit reporting agencies. Please see attached Credit report and dispute investigation results attached. You are reporting inaccurate information to the credit reporting agencies. Please produce results of your investigation within 30 days of receipt of this letter in writing to the address provided at the top of this letter OR remove the negative information you are reporting to the credit reporting agencies and send written confirmation of doing so. I have the return receipt that they got it on 12/27 so they have a few weeks to respond. If they don't respond, I was planning to send a copy of this letter along with the green copy showing they got it in hopes the CRA will just delete at that point. I've heard it's a real pain to get an LVNV TL removed.
  3. Yes, the balance, first date of delinquency, and account opened date are all incorrect. I assume they are doing this in an attempt to re-age the debt. My records indicate the FDD with the OC was back in 2006. I've been disputing this account for a couple of years. This is the first time trying the MOV. The letter sent to lvnv specifically states what I want them to investigate. Should I wait until the 30 days is up for lvnv to respond before I hit up the cra again? I will post the letter send to lvnv shortly
  4. This letter was directed at the eq and tu. I sent a different letter to lvnv. No response from them yet.
  5. I recently disputed an LVNV trade line with EQ & TU. Of course, both came back "Verified". I sent the following letter to both companies certified with return receipt. Dear Consumer Relations, After receiving and reviewing the results of a recent dispute filed with your company, I am now requesting the method you used to verify certain items on the credit file dated XXXXX. FCRA (a)(6)(B)(iii) states that upon request you must provide me with a description of the procedure used to determine the accuracy and completeness of the information. This includes, but is not limited to the business name and address of any furnisher of information contacted in connection with such information and the contact information of such furnisher if reasonably available. I am requesting this for the following accounts XXXXXXXXXX As stated in FCRA 611 (a)(7) you must provide this information no later than 15 days after receiving this request. I appreciate your handling of this request in a timely manner. Both companies responded with basically the same canned response. We may search for information electronically, we update your credit file with information received, etc. No specifics as to the dispute in question. I also sent a letter to the Furnisher asking them to check the accuracy of what they are reporting with 30 days to respond. (they still have 2 weeks to respond) My question is, what is the next step with the CRA's? This is obviously their attempt at "we aren't giving you any additional information" Thanks in advance, any help is greatly appreciated.
  6. I received an SBA disaster recovery loan in 2005 after hurricane Katrina for 20k. I set everything up to have them draft the $100 monthly payment from my checking account and everything was going fine. In early 2007 I changed banks with a new checking account. I did not think to call them with the new bank information. About 3 months later I began receiving demand letters from pioneer credit recovery telling me that I owed the entire balance plus 5k for penalties. They were unwilling to make any kind of monthly arrangement so I ignored them (I realize not it was probably a bad move). A few years went by and they were taking my tax refunds every year and putting towards the balance. In 2012 they sent letters to myself and my employer demanding wage garnishment. I have had roughly $232 taken from my bi-weekly paycheck so since 2013. The US dept of treasury continues to report 180+ past due. I have disputed with the cra several times as well as sent certified letters to the dept of treasury and pioneer. I do not believe they are properly applying the payments because the balance which is 4,xxx now never goes down on my credit report They never respond to my letters. I am basically asking them for a statement that shows payments and charges since its conception and that I have reason the believe there are errors. Sorry for the long post, but any suggestions?
  7. Per the reporting from LVNV they opened the account in April of 2010. The default/charge off was at least a year before that with the OC
  8. btw, they are reporting that I dispute the information
  9. The default with the OC was around 2008. I believe I made a payment to LVNV in 2011. Nothing from them except the negative reporting
  10. I have this last item to remove from my report. I have a feeling that if they would respond, I could prove that the reporting period has been exceeded however, nothing from them directly to me. I disputed with all 3 cra's LVNV"verified" I sent a dv to LVNV with a copy of their verification they provided to the cra. I asked them to itemize the amount and show me all charges and credits on the account as well as what info they have to support their claim. 30 days have passed and as expected, no response. I have the certified letter as well as the signature card. If I send this info with a copy of the letter to the cra, what are the chances I can get it removed? Thanks in advance
  11. Good morning to all, I am currently working on repairing my credit with hopes of refinancing soon. I sent dispute letters to the 3 CRA's and these particular trade lines (2) came back "Verified" The dept of treasury is reporting 2 different balances with 2 different addresses. one shows as "Department of treasury" and the other shows "DPT Treasury" with 2 different addresses. I have been paying this through wage garnishment for the past 2 years as well as tax refund offset. They have not responded to validation requests. Can anyone tell me what my options are? The Garnishment is through Pioneer credit recovery The balance reported to TU is about half of what they are reporting to Equifax. Any suggestions are greatly appreciated.
  12. I didn't file any motions. I filed the an original answer, responses to their discovery, and my own discovery for them. When filing those documents I paid per page to the Clerk of Court. Midland and their attorneys filed in the wrong venue which is what motivated them to dismiss. Maybe the clerk just sends the bill to both parties? Should I contact Midland's attorney and send them the bill?
  13. A few months ago with the help of many members of this forum, I (we) were able to step on their neck until they dismissed with Prejudice in exchange for us not suing them for FDCPA violations. Today I received a bill in the mail from my Parish Clerk of Court for $300 (Court Costs). Am I liable for this? Shouldn't Midland and their attorneys have to pay this?
  14. Holding the discovery conference in my opinion will help your case to dismiss. It will show the courts that you have done all you could to get the information from them. If they agree to the conference, write your uestions down ahead of time and make sure you keep the upper hand. I believe they only have 15 days to respond to your discovery. hold their feet to the fire and I bet you will get a dismissal.
  15. Be sure to ask them in writing for a 10.1 discovery conference prior to filing a motion to compel. Rule 10.1 Motions To Compel Discovery (a) Before filing any motion to compel discovery, the moving party or attorney shall confer in person or by telephone with the opposing party or counsel for the purpose of amicably resolving the discovery dispute. The moving party or attorney shall attempt to arrange a suitable conference date with the opposing party or counsel and confirm the date by written notice sent at least five (5) days before the conference date, unless an earlier date is agreed upon or good cause exists for a shorter time period. If by telephone, the conference shall be initiated by the person seeking the discovery responses. ( No counsel for a party shall file, nor shall any clerk set for hearing, any motion to compel discovery unless accompanied by a ''Rule 10.1 Certificate of Conference'' as set forth below: RULE 10.1 CERTIFICATE OF CONFERENCE I, the undersigned party or attorney, certify to the court as follows: If discovery conference is held: The parties or counsel personally conducted a conference on [insert date]. At this conference, there was a substantive discussion of every item presented to the court in this motion and, despite their best efforts, the parties or counsel were unable to resolve the matters presented. Certified this ___ day of _________________, 20___. ___________________________________________ Signature of Party or Attorney If discovery conference is not held: The moving party or counsel has personally attempted to contact the respondent or counsel to arrange a conference to resolve the matters presented in this motion as follows: [insert dates, times, methods of contact, and results here.] Respondent or counsel has failed to respond or failed to confer in good faith in an attempt to resolve the matters presented. Certified this ___ day of _________________, 20___. __________________________________________ Signature of Party or Attorney © If the court finds that the parties or counsel have failed to confer in good faith, or have willfully failed to confer, the court may impose, at its discretion, sanctions on the non-conferring party, including attorney fees and costs. Adopted April 1, 2002, effective April 1, 2002; amended November 20, 2009, effective January 1, 2010; amended November 21, 2011, effective January 1, 2012.
  16. Jeffrey. They all seem to be equally unprepared to win a case. Fight them.
  17. It's good to hear about a win against these crooks. What parish was the suit in.
  18. I think I lost IQ points during my 10.1 discovery conference with Eaton. It was pretty worthless. You will be required to participate in one or they will include with their MSJ that you were offered one and ignored it.
  19. Tried calling CITI today, No luck, they just routed me to Midland. Of Course Midland would not talk about it, they told me to call Couch. A for effort i guess. I went back and looked at what Midland sent me as a response to my DV and dispute with the CRA's. It says " The Account was charged off as an unpaid delinquent debt on Jan 14,2010". "Midland became the servicer or the above referenced account on 11/29/2010". If the Charge off date would be considered the start of SOL, They filed just in time on 12/6. I was not served however until 2/6/13. Would that make any difference?
  20. I couldn't find anything on my report for the alleged OC. Citibank. I only checked equifax though.
  21. I just pulled my Equifax credit report and it shows Date of first delinquency 6/2009 This is on the Midland trade line.
  22. Here is the request for admission. REQUEST FOR ADMISSION OF FACT. The following request for admissions are hereby served by plaintiff MIDLAND FUNDING LLC. The Defendant XXX for the purpose of this action pursuant to articles 1466-1468 of the Louisiana Code Of Civil Procedure, Now into court, throught the undersigned counsel comes Midland Funding LLC. who request that XXX admit or deny the following. 1) Please admit that the plaintiff is the assignee of and or originaltor of an account in your name the amount of $2,6XX.XX 2) Please admit that the balance remaining due to plaintiff is $2,6XX.XX. I thought this was kind of short with only 2 requests.
  23. I am in the process of a dismissal with another midland account, This one is with a different attorney. This sparked some interest in my other post, I am still trying to see if I have grounds here. 1) Midland files the suit in St. John the Baptist Parish. 2) I live in St. Charles Parish 3) I do own property and have received mail in St. John, but I do not live there. In the previous post/case, all of the documents I received from Midland had my St. Charles parish address, so why file in St. John?? I have yet to see any documents from them on this case other than a canned response to my CRA dispute that was sent to my correct address in St. Charles Parish.
  24. Here is the petition. The petition of Midland Funding LLC organized and doing business under the laws of the state of Delaware Shows. 1) XXXXX an individual(s) of the full age of majority domiciled in the parish of St. John the Baptist, State of Louisiana, is indebted onto Midland Funding LLC for the amount of $2,6XX.XX plug attorneys fees, interest, and the cost of these proceedings as more particularly set forth herein, 2) XXXX Entered into an agreement with Midland Funding LLC or it's assignor whereby defendant(s) was/were granted the right to obtain goods or services on open account through the use of a credit card. The Original Creditor is Citibank USA N.A credit card. The original account number is XXXXXXXXX. The agreement between the parties was further perfected by use of the credit card issued to the defendant(s). 3) XXXX Personally or through his or her authorized representative subsequently contracted for sales on open account and acquired goods and services on open account. 4) XXXX Breached the agreement by failing to make payments due on the account pursuant to the terms of the agreement. 5) Midland funding LLC has met all requisites of LRS 9:2781 and the contract between the parties and is due attorney's fees for the prosecution and collection of this claim. It is respectfully submitted that 25% is a minimum reasonable attorney's fee. 6) After all payments or credits the balance due, notwithstanding amicable demand is $26XX,XX. Wherefore petitioner prays for judgement herein in favor of Midland Funding LLC, and against defendant(s) XXXXXXXXX in the full sum of $26XX,00 plus legal interest from date of judicial demand, a minimum of 25% attorney's fees on the aggregate of principal and interest, for all costs of this suit and for all general and equitable relief.
  25. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Couch, Conville & Blitt 3. How much are you being sued for? $26XX.XX + Attorney Fees 25% 4. Who is the original creditor? Citibank USA N.A. 5. How do you know you are being sued? Served by Sheriff's deputy 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? A DV Letter ironically mailed certified the same day they filed the petition/ 9. What state and county do you live in? St. Charles Parish, Louisiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) unknown 11. What is the SOL on the debt? 3 Years 12. What is the status of your case? Suit served? Motions filed?. Suit Served today. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes OC shows charge off, Midland trade line disputed 14. Did you request debt validation before the suit was filed? Unknowingly, my DV letter was sent certified mail the same day they filed the suit. 15. How long do you have to respond to the suit? 15 Days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, just the petition and request for admissions (Will post below)