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Found 10 results

  1. I'm trying to help my brother with a 33K lawsuit from National Collegiate Trust. The loan was made in 2006. He had a co-signer whose last payment was made about 2 years ago. She is dealing with a suit against her for the same amount, but they have sued my brother separately, so I am hoping his case is entirely separate from hers and that the SOL is an immediate option for defense. Also, I spoke with a lawyer who said Standing should be a good defense, as NCT provides only 2 pages of the original loan doc from Chase & no proof that they own this loan. Lastly, the original complaint (at least, the one we have in our possession) is not signed by the attorney. That seems to be a problem, but I'd love to know if you guys have thoughts on this. Is it worth mentioning, or does that matter? It's now at 22 days past service, unfortunately. My brother didn't get me this info until the weekend, so I'm hoping to file for an extension. I can rush an Answer and file it today, but I would need to spend all day working on it and I'm kind of stressing because I don't want to file something incorrectly. Any help or input would be greatly appreciated!
  2. Hi all, I have an old debt (about $6000) from a Chase credit card, the collection has been placed with Calvary Portfolio. Calvary has not harassed me about it. Just a letter or two in the last 6 months. I think it is time-barred Last payment was on 9/2010, I'm in Florida. I've read conflicting info on the Florida SOL, either 4 or 5 years. I'd like to repair my credit report and this is the only negative item on it. I can not afford to pay for delete, but would certainly like to start afresh. It is estimated to drop off my credit report on 8/2017. It is worth sending a debt validation request to Calvary to see if they have what is required and ask them to remove it from my credit report if they don't? Considering it is Chase and them, I would expect they would be very organized and have what they are required to, no? If I send a DV letter, might I be opening a can of worms and end up later regretting that I stirred the hornet's nest, since they are currently leaving me alone except for the bad credit report? Thanks for any thoughts on this.
  3. I am helping a friend with some credit repair and have come across this issue- Has a Chase card TL that is listed as a close version to his name but not exact, and not a version that is listed as known on his CR This account is being listed as defaulted on, and has DOFD listed on CR as 11/2011 In May of 2012 it was sold to Midland. My friend was in Georgia when the account is listed as originated, but has spent the better part of the last three years in Alabama. Midland never sent any letters or engaged in any collection activity until January of this year (2015) when they assigned the debt out to another CA NORSTAR. Then later he received another letter in April of this year (2015) from Stellar Recovery. Both letters listing Midland as the owner of the Debt. Both Chase and Midland are reporting this debt on all three CR's Several things- Alabama SOL is 3years, However I have also seen on the boards about the SOL following the creditor. The SOL for all of the rest of the states involved (CA, DE, and GA) is 4 years. It almost looks like Midland waited until it was out of the AL SOL to start collecting (odd?) So what to do now- My friend doesn't believe this account is his, but I'm worried a DV or dispute might be poking the lion ..... Dispute as not mine ?? With the recent chaos surrounding Chase/Midland I was wondering if now would be a good time to dispute, because after this length of time and being bounced the info on the account is probably nil to none. Resulting in a quick clear, on an otherwise clean CR without much fuss. However,I don't want to assume Midland is following Alabama SOL and/or start poking at a relatively sleeping lion and open my friend up to a potential suit 4months shy of being out of SOL for this alleged debt. My guess is with all of the massive back clean up Chase/Midland has to do they probably (even if they had info to sue) would not get around to it before the SOL runs out. My original though is to lay low for the next couple of months, wait until the SOL runs out and then dispute as not mine/or no longer liable. Let me know what y'all think ..... TIA, SC
  4. Long time no post. The CFPB action against Chase brought me back out. http://www.consumerfinance.gov/administrativeadjudication/ What recourse will this give those of us who have settled with a JDB? I sued Chase ProSe in 2012 to remove 2 items on my credit reports that had started as Wamu accounts. They settled out of court and the items were removed from my report Sadly they had been sold separately one to Midland and one to MCM (i know same company) The account that went to MCM used a local debt collector and sued me for one. I fought in court but because it was blocking my mortgage I settled (I had them by the balls but I needed the mortgage so it was for a minimal amount that I settled) the account that went to Midland was on the report but no action taken. I had to reach out and settle with them to show it was paid off to get the mortgage. In both instances I let them know I had sued Chase and the items had been removed by Chase. The Midland account is still on my account (as paid) but it is a degratory account and hurts my score. The MCM was entirely removed 1. Does this open up the ability for me to go after Midland/MCM? Even just to get the Midland Account entirely removed from my CR? Thanks
  5. This is huge: http://www.consumerfinance.gov/newsroom/cfpb-47-states-and-d-c-take-action-against-jpmorgan-chase-for-selling-bad-credit-card-debt-and-robo-signing-court-documents/ Just one highlight: Chase will withdraw, dismiss, or terminate all pre-judgment collections litigation pending at any time after January 1, 2009.
  6. From NYTimes 5-8-15: Bank of America and Chase will delete lines from CR after bankruptcy filings, which they should have been doing anyway. Link below. But also from the article: Bank of America promised to go further, agreeing to fundamentally change the way the bank reports all the stale debts that are sold to financial firms. For all credit-card debts sold since May 2007, court records show, the bank will remove any marks on consumers’ credit reports. That way, a lawyer said, “should a previously sold credit card account go through a bankruptcy discharge,” the mark will already be gone. This says they will delete anything after May 2007 that was sold to a junk debt buyer. I am going to be monitoring my reports to see how this plays out - I have an OC line with them for which the JDB line was deleted after I sued. http://www.nytimes.com/2015/05/08/business/dealbook/bank-of-america-and-jpmorgan-chase-agree-to-erase-debts-from-credit-reports-after-bankruptcies.html?emc=edit_th_20150508&nl=todaysheadlines&nlid=43571867&_r=0
  7. Hi, Last year, American Banker ran a story about improper tactics being used by Chase in their credit card collection division, including "robo signing" Affidavits and filing invalid or unsubstantiated lawsuits. Please see: http://www.americanbanker.com/issues/177_49/chase-credit-cards-collections-occ-probe-linda-almonte-1047437-1.html?zkPrintable=1&nopagination=1 Last month, the Wall Street Journal and Rolling Stone ran updated stories that confirm that the Office of the Comptroller of the Currency is investigating Chase on this issue. Please see: http://www.rollingstone.com/politics/blogs/taibblog/chase-made-errors-in-nine-percent-of-credit-card-collection-lawsuits-internal-survey-finds-20130711 I called Chase last week to discuss a long since closed disputed credit card account with their bank. I can say that each Chase representative I spoke with was quite on edge about any collection activity, and repeatedly and in a rather worried fashion asked if I've received any calls from collection agencies. They then went on to promise, without my requesting it, that my disputed account (now 4 years old) would not be sold to a collection agency, and no lawsuit would be filed. The tenor of the conversation was that of a group of people seriously on the defensive. Their defensiveness was not a result of anything I've done since I've sent no recent correspondence to Chase, nor contacted them by phone for several years over this matter until just last week. If you have a credit card dispute, lawsuit, or collection matter with Chase, it's a great time to re-assess your situation. I think Chase is about to be on the receiving end (with other banks?) of government intervention for their misconduct.
  8. Hello, first let me say I have found a lot of good information on this site. I am being sued by Midland LLC in Texas. I have read a lot of information about Midland in different law suits ans well as the law suit filed by AG Greg Abbott against Midland. My question goes to the stated facts of my case. In the law suit the lawyers filing against me stated in the facts "The Defendant opened an account with Chase Bank USA, N.A." That is not a true statement. My account was not opened with Chase is was sold to chase. Now maybe I am splitting hairs, but somewhere I read, and I don't recall where, that a lawyer filing a suit in Texas upon signing the complaint is swearing to first hand knowledge of the facts of the case. Using a form I found on this site I sent a modified version of a DV. Request #7 was "You claim that Defendant breached a contract. Produce that contract." Of course their response was "Plaintiff objects to this request on the grounds that it is irrelevant and equally available to the Defendant. Subject to objection and without waving the same, discovery and investigations are continuing, and Plaintiff reserves the right to amend or supplement this response as additional information becomes available." Like I stated their fact is not a fact and secondly how can they main justification (or main fact) be irrelevant. Is this a legitimate argument for this case? Thanks for any advice.
  9. http://www.scribd.com/doc/45546777/Almonte-SEC-Letter Found the almonte case, but more than that at the bottom there are sample items, things like WAMU to chase, an arb agreement from wamu, different documents that may help some of those that had one of those providian or wamu accounts that chase took over. They are at the bottom of the web article.
  10. Good afternoon Please let me know if if am posting this in the wrong location. I started the refinance process January 15th. Chase pulled my credit and score to start the process. My score was different from what I saw from the Equifax triple score report ( I have an account with them). Today Feb 6th, I spoke with the bank and they said I had to restart the process because I was late January and February 2011.. I does not show in the credit report, but she insists that I need to start the process again which would require them to pull the credit again. My score for Equifax dropped 8 POINTS that day from 711 to 703, and I am affraid another pull would pull me below 700 which would be unacceptable at least for me. Additionally, The other scores were way off to what I had pulled, How is that possible. My question is, Would my credit go even lower if CHASE pulls my credit within 30 days? I called Equifax and their response was to referred me to a 3rd party Advisor company. Arent they (Equifax) the company that keeps scores? This is ridiculous? My score according to CHASE: Equifax 695 Trans Union 683 Experian 711 My report from Experian: Equifax 699 Trans Union 716 Equifax 711 / now 703 after pull. Thank you Daniel