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Found 6 results

  1. I was served by an officer this morning with a pretrial notice. I’ve never been sued before so I’m not quite sure what to do. Details below: Original Creditor: Credit One Account Open: May 2018 Account Closed: October 2018 Amount Sued For: $1105.15 Attachments: Bill of Sale to Midland, Affidavit of Credit One Bank & Midland, The account info (account #, Name, Bill amount, last payment date, etc.), and my first and last credit card statement. Any advice would be helpful. I’m worried this would impact my credit score that I’ve been working to bring up. Should I work with Midland to pay the debt? Should I file an attribution? Thanks in advance.
  2. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? MANDARICH LAW GROUP, LLP 3. How much are you being sued for? $+/- $1736.21+ Court Costs 4. Who is the original creditor? (if not the Plaintiff) CREDIT ONE BANK 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) 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? No Contact w/ LVNV- May have received E-mail notices in the past 9. What state and county do you live in? ORANGE COUNTY, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/18 Within the SOL which is 4 years in CA. 11. When did you open the account (looking to establish what card agreement may be applicable)? 06/2015 12. What is the SOL on the debt? To find out: 4 yrs 13. What is the status of your case? Suit served? Motions filed? Served 02/03 - Have Answer to Petition (denials w/ arbitration as sole affirmative defense) prepared to file, working on MTC Arbitration 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Unfortunately, no. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just the last two credit card statements before account was closed. They did however send me bill of sale between multiple Debt buyers and a few months of statements in the mail recently. Not attached to the summons. Thanks in advance ,I have my answers and MTC ARBITRATION filled out thanks to this forum and I really just want to make sure they are formatted and filled correctly. Are answers and Motions supposed to be served to plaintiff before filing with the courts? Do I have to request a court hearing before my MTC ARBITRATION and add it in there? How do I file proof of service once Answers and Motion are filled? MOTION TO COMPEL ARBITRATION.rtf
  3. Hello Complaint was filed by MIDLAND CREDIT MANAGEMENT stating that 1. Plaintiff acquired, for a valuable consideration, all right, title and interest in and to the claim set forth below originally owed by defendant to Credit One Bank 2. There is due to Plaintiff from the defendant upon an assigned account the sum of $2,601.77 3. A copy of said account is attached hereto as Exhibit "A" 4. Plaintiff notified defended of the assignment and demanded that defendant pay the balance due on the account but no part of the foregoing balance has been paid Wherefore, Plaintiff prays for judgement against Defendant in the amount of $2,601.77 with interest at the statutory rate of 5% per annum from the date of judgment and cost of this action Attached was the July/August credit card statement, bill of sale and assignment of receivables from credit one bank,affidavit of credit one I filed an answer to deny with indications that amount owed is incorrect and plaintiff is not correct owner. Midland has submitted first discovery with request for admission. At this point, should I file for arbitration (which is in the agreement) or respond to discovery? I have researched this forum and am still confused.
  4. Good morning! This is my first post here. My husband is being sued by Midland Funding here in South Carolina and we're moving into the mediation phase. I'd like any advice on how (if it's possible) to beat these vultures here in South Carolina. I will provide any information needed. I have read through a couple of threads and understand that use BV80 is the resident SC expert. Any and all help is appreciated!
  5. Recently I received a summons from attorneys specializing in collections in Michigan for a debt stemming from an alleged Credit One Bank credit card. Apparently, according to my credit reports, LVNV LLC purchased the alleged debt in December of 2008. This is all new to me. I had never even heard of LVNV until I received the summons, nor do I believe I ever held a credit card with Credit One Bank. In the meantime, LVNV has been adding interest to the so called amount owed, after they purchased it from Credit One. I don't see how they can do that if the account was in fact charged off by Credit One. In fact, they are trying to accumulate additional interest up until April of this year. I filed an Answer to Summons with my local court, where I am being sued. This is very, very confusing. For starters, I believe the original debt actually dates back to a Capital One credit card I had that was charged off back in 2005. I have looked through ten years of paperwork here and I have yet to find a single bill from Credit One. Is it possible that somehow Credit One got ahold of the account that was charged off from Capital One? I am of limited means right now. But I would like to take care of this issue. I plan to go meet them in court and negotiate reasonable terms BUT ONLY IF they can prove I did in fact have a Credit One account. Prior to being served papers, I did send a certified letter to the attorney asking for proof of the debt. All he sent me was the copy he had included in the original paperwork called "Exhibit A" which looks like a copy paste job and does not appear to be legitimate. In the answer to summons I stated: 1. I have never owned said credit card (paraphrased just a bit). 2. I have never seen "Exhibit A" until I was served the papers by the attorney and then again in the summons. 3. Please provide proof of said agreement. 4. Said account did not exist as stated by the plaintiff. 5. How does a person accrue interest on an account that has long since been charged off? 6. Plaintiff has failed to provide proof of debt. On further pages I stated: I do not owe this debt. The plainfiff has failed to define the charges. I want to have a statement showing all charges and any signatures I might have made. I want a copy of said credit card agreement. "Exhibit A" appears to be fraudulent. It looks like someone copied and pasted the paperwork together. Credit Card agreeement was closed a long time ago why is interest being accrued up until April of this year? ETC... According to the clerk at the court, a "pre-trial" will be scheduled. That is the next step. I assume that is when the attorneys will have to bring more evidence and if they have it then we can negotiate a settlement. The clerk said I will sit down with the attorney and discuss it, a judge will be close by and can be called upon at any time during the pretrial. That doesn't sound too bad, right? I don't really feel that I am any where near being prepared to meet these people in court. I have been spending a lot of time reading up on the laws and gathering information but I feel I have a very long way to go. But in the meantime, I really want to get to the bottom of this. I want this fixed on my credit reports as well. How can I find out for sure if I had a Credit One account? Because honestly, this is the first I have ever heard of a credit card account with Credit One. Thanks in advance for any help one may have to offer. I know this sounds more confusing than anything else and I apologize.
  6. Hi all, First of all I would just like to say that this forum is wonderful! I had a stack of dispute and DV letters that I was going to send off but something told me to do more research. I am glad I did because if I hadn't I would have made several mistakes and may have gotten sued. I have a quick question. I have a satisfactory account on my credit report that is not mine. I received an invoice for a annual fee from Credit One Bank about a year ago. I never applied for this card and quickly called to see what was going on. I never even received the card. The rep I spoke with confirmed the card was never activated and initiated a fraud investigation. I received a letter from Credit One stating "Credit One conducted a thorough investigation...Credit One has determined that you are not responsible for any previous or further balances incurred on this account." Of course, the letter also stated that they would report the following to the 3 CRA's. Obviously, they didn't! My question is....should I leave this account on my CR as appears to be helping. TU is reporting it as current/paid as agreed. EQ current/paying as agreed and EXP credit card lost/stolen. This card has a low credit limit of $300 so I am concerned that although it’s showing up as satisfactory, its hurting my score. I do not have a lot of credit. I have a student loan that was deferred but is now current. I have a CC with a $500 credit limit that I've recently paid off. I plan on keeping a extremely low balance on that card. I also have a redeemed repo, vehicle is now paid off, on my CR that wasn't my fault. The bank lost a payment but I didn't find out about it until months later when the car was repo'd. Months later I received a letter stating that they found the missing payment and would notify the CRA's. Unfortunately, the redeemed repo is still there so I need to work on that as well. The letter I received from the bank said they found the missing payment, 9 months later, but failed to include that the result of the missing payment was a redeemed repo. Thanks, in advance, for any and all replies. TU 588 EXP 648 EQ 571
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