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I took out 6 small-ish private student loans (between 3k and 8k), the original promissory notes dating between 2005-2007. All have since been purchased by NCT. They were serviced by AES for years. Once they became due, I paid every month on all of them, to the tune of 19k total between 2009-2013. In 2013, my co-signer declared chapter 13 bankruptcy and--I just discovered last week--he was able to list the loans from NCT on his chapter 13 bk and listed me as the sole responsible debtor. I found out that my co-signer's attorney included the student loans in his Chapter 13 bankruptcy and that they are now listed on his credit report as closed and paid in full, showing all payments paid on-time, which is not the case. On mine, they show as closed and sold to collections, so they've been a negative mark on my report for 4 years. His bankruptcy list of creditors noted that the loans would be "paid by the co-signer," so I assume that's how he got out of them. I had been paying for 4 years on the loans but NCT put them into a default status automatically because of my co-signer's bankruptcy, which is an odd catch-22 for me, since I was paying was and the one who got hit with the default. I only found out they were in default back in 2013 when I tried to make a regular monthly payment and was not allowed to do so. I was informed that the bankruptcy was the reason, but at no point did my co-signer or his attorney let me know this was going to happen, and I never knew he had been able to include them in his bankruptcy. I assumed his status was also defaulted. Is there some legal requirement that his lawyer or NCT should have disclosed this information to me? I also thought I should have been protected as the co-signer and not held liable for his bankruptcy, since he filed Chapter 13. If you think there's a case here, or if NCT or my co-signer's lawyer acted improperly, please let me know. I was shocked that neither my co-signer or his attorney notified me that they were listing me as the only responsible debtor and that NCT basically forgave him the debt, especially since I had made all of the monthly payments on time and was never informed that I was suddenly going to be the sole debtor on the accounts. That situation is what began the credit problems that eventually led to my chapter 7. Largely due to the domino effect of the incidents in 2013, my credit became severely affected and my cards started closing and lowering their limits. I finally filed chapter 7 last year and my credit has been much improved since then, the 6 NCT accounts now charged off and sold to collections, as of 11/01/2013. So, I've just been keeping my fingers crossed that nothing else would happen with them. Wishful thinking. About 2 weeks ago, Weltman, Weinberg, and Reis began calling on the loans and I got the dunning letters last Monday. I have denied knowledge of the loans. I will be sending dispute letters and requesting validation. I spoke with a lawyer who last year helped me win a lawsuit against Portfolio Recovery Associates for FDCPA violations. He suggested standing and the statute of limitations as two lines of defense for my situation w WWR/NCT. It almost seems like all I can do in my case is wait for a lawsuit, since NCT/WWR will be unlikely to produce proof of ownership. Or, if the SoL is 5 years, to hope nothing happens until after this time next year, which seems unlikely. I believe the statue of limitations for written contracts is 15 years, but I've read conflicting information about Kentucky's laws regarding debt, and I've read that generally, most debt is subject to the 5 year SoL, so I'm a bit confused on that. If it were a motion for a judgment I would know a little better how things might go, but with just having this new collection starting, I want to make sure I do things to ensure I don't get more hits on my credit report. I'm kind of sick of taking the fall for this over and over again. Secondly, I'm waiting on a judge's decision for a MTD that I filed for my brother in early 2016. He has been sued by NCT for a loan that defaulted in 2006. We used standing as our reason, as I think 15 years is the SoL, and I believe his co-signer had been making small "good faith" payments on the defaulted loans. NCT answered our motion to dismiss, but the judge made no decision on our MTD for lack of standing. Instead, while we waited for a decision, NCT sent us discovery, which we answered (denied all), and then early this summer, the judge sent a notice that the case would be dismissed because NCT had not moved forward. I'm still curious as to why the judge has not decided on our Motion at all. NCT, of course, submitted a request more time and the judge granted it, so the case is still active and our motion has been ignored by the judge. I'm really confused on both of these NCT situations. If anyone has any thoughts, please let me know. Thanks so much. The knowledge and advice on this forum are the reasons why I've been able to weather so many of these challenges.
1. who is the named plaintiff in the suit? National Collegiate Trust 2. what is the name of the firm handling the suit? Patenaude & Felix A,P,C 3. how much are you being sued for? 28,xxx.xx 4. who is the original creditor?(if not the plaintiff) Union Federal Savings Bank 5. How do you know you are being sued? (you were served, right?) I was served 6. how were you served? In person 7. was the service legal as required by your state law? Yes 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I sent them a letter to three different addresses denying the debt in 2013 and asked them to stop contacting me because I believed it was included in my 2010 bankruptcy. 9. what state and county do you live in? Arizona: Maricopa County 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) Never made a payment; the loan was taken out in 2007 and went into default in 2010 during my bankruptcy. I thought it was included so I started the process of rebuilding my credit. In 2013, I received a bill from them and sent them the letter I mentioned above. 11. What is the statue of limitations on the debt? 6 years 12. what is the status of your case? suit served? motion filed? Answered with a general denial of all allegations on 10/7/2015. Plaintiff filed 1st amended complaint on 10/13/2015. I filed a motion to strike 1st amended complaint on 11/2, citing it was filed without being signed by the attorney, it was not conformed, and plaintiff did not have leave of court (no idea if it was accepted?). Notice of Disclosure statement filed on 11/18. 13. have you disputed the debt with the credit bureaus? (both the original creditor and the collection agency) Yes. I have disputed it every time it shows up on my credit report because I thought it was included in my bankruptcy. I found out recently (after talking to a lawyer) I would have needed to go through the adversary process when I filed bankruptcy, but the bureaus have removed it every time. 14. did you request debt validation before the suit was filed? No. 15. how long do you have to response to suit? I already responded. I am looking for advice on whether I should continue to fight this (it's subject to compulsory arbitration) or try and settle. I have been advised my current life situation makes me collection proof, but I have a little bit of a 401k I can cash out to settle this if I absolutely have to. I am in a master's program that will have me unemployed for the next 3.5 years, but I don't want to worry about a judgement following me around. I also don't want to cash out a protected asset to settle a debt I thought was discharged. 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. The first set of documents I received contained a summons, certificate of compulsory arbitration, plaintiffs complaint citing "breach of contract," "open account," and "account stated" with nothing attached. There was NO account number listed in any of this and the plaintiff referred to it as a "line of credit." The amended complaint just lists "breach of contract" and the description is changed to "loan for academic purposes." Attached was the "note disclosure statement" and "non-negotiable credit agreement" from the original creditor with my signature. They also attached what looks like a very generic "pool supplement" because none of the information is specific to my account. It lists three people as "witnesses" to the agreement but the names are typed out and there is no physical signature. The amended complaint was not signed by the attorney, it was not conformed by the court, and it was filed without leave of court based on the date I responded.
Hello All, I am in the process of responding to a request for admissions and one of the requests is: Admit that you never sent a written dispute if any billing statement within sixty (60) days of receiving that billing statement. I actually did send a letter denying the debt was valid (because I thought it was included in my BK and I still have a copy of it) but I am worried that answering "DENY" will be considered an admission of guilt. Can anyone give me advice on this?