Search the Community

Showing results for tags 'credit'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Calendars

  • Community Calendar

Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 51 results

  1. Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit. I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences. I really do not have any knowledge in business law so please bare with me if I ask too many questions. Steps Completed. 1. Answer Submitted 2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney, If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) County Court 3. How much are you being sued for? 1,600+ more or less 4. Who is the original creditor? (if not the Plaintiff) Commenity Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jun 2016 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I already submitted answer should arrived by Certified mail to Midland Today 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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'). I submitted Answer but that is it so far. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 14 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry. 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  2. I will start off by seeking your 2 cents on below matter. I will be very grateful for your help and thanks in advance. I requested for my gym membership to be canceled but they continued to charge me. I blocked my card and disputed transaction with my bank who ruled in my favor and credited the amount back to my account. My gym was still trying to charge me every month, I went down in person to the gym, spoke to the manager and showed the proof of cancellation who then sent email to the billing department to stop charging. I thought it was all over, only to find a collection on my credit report. Luckily it's not reported on all three, but just one. Long story short, I got in touch with the collection agency and sent the proof of cancellation(emails from the gym). They were supposed to check with my gym but they never got back and I never bothered to check again. Now, I disputed it to my credit reporting agency who after a month wait, ruled in my favor. Most likely because the collection agency did respond in the time provided. The collection was taken off my account now. P.S: Even though I feel morally / legally I don't owe these guys any money, the debt is only a couple of hundred dollars and I would just pay it off and get over with it than going through this hassle of credit repair which may cost me more than paying off the collection anyway. Let alone any bag of worms this debt can create later on because I may change my address if I relocate to another state and I may not get any physical mail which may go unnoticed. I don't know if they sue or take this legally. I would definitely fight back If I get to know but that is something I want to avoid.
  3. Nose Job/Rhinoplasty: The Best Way I am in desperate need of a nose job and have been needing one for years. I'm just now focusing on getting my credit score/report in line because I realize that's basically the only way to do it. My nose has caused me a lot of anxiety/depression problems in the past and I'm finally trying my best to do something about it. I'm currently paying off all my debt and then plan on building my credit score with a some credit cards (like two maybe) until my score is high enough to get approved for CareCredit (which is a medical credit card that covers cosmetic surgery, Rhinoplasty). I am just wondering what kind of tips & tricks anyone could possibly offer me to get this done the fastest way possible! I currently have some probation fees to pay off (like $480 or so) and a collection from Westar Energy on my credit report that I need to pay in full (about the same, $480 something) before I really focus on getting a credit card(s) and paying them off to build my credit enough to apply for CareCredit, for then to finally get the nose job surgery done. So that's my full situation right now. Any advise is welcome!
  4. Okay, my name is Jayme. I am 33 years old and I feel like a child right now with this stuff. Backstory: I fell on hard times. I was in therapy for mental illness, leaving an abusive boyfriend, and lost my ability to handle working for that time. I stopped being able to make payments to my credit card and of course have wanted to. I haven't been able to get back on my feet yet, and then this happens. Some stupid daddy bought me punk served me with these papers not an hour ago and I'm in a panic. Help please. I know nothing about this. I can't afford a lawyer, I can't afford to have wages garnished as soon as I do find employment that I'm able to maintain. I WANT to pay my debts, but I am unable. I am in a bad way right now and this is just making it feel hopeless. Any advice would be much appreciated. I've got other debts too, but of course evil corporate satan that is Walmart can't just let me be until I get on my feet. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Office of Stephen P Lamb 3. How much are you being sued for? 907.73 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Walmart credit card company...) 5. How do you know you are being sued? (You were served, right?) I was served by a little punk in a 'daddy bought me' truck 6. How were you served? (Mail, In person, Notice on door) At my front door by a dipshit 7. Was the service legal as required by your state? I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank... Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I've had no contact with the debt collector. I don't answer my phone. 9. What state and county do you live in? Craighead County, Arkansas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Payment of 50 on 9/12/15 11. What is the SOL on the debt? I don't know what that means. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I don't know. I'm reaching out as my first line of defense. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) As of yet no. I mean I do understand I owe synchrony bank, not the debt collector. I never had a relationship with that company. I had one with the walmart credit card company. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I don't even know what that means 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I see no interrogatory paper. I have thirty days to respond. I'm said to owe the previously stated amount to Midland Funding LLC. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have the statements attached to the back of the packet.
  5. Hello, I was late on my car loan payments and when I finally was able to pay it I was told that it was in the collections dept at Ford. I contacted them and I am still currently making monthly payments directly to the collections dept. However, can the still take my car even though I am paying every month being that it is technically in collections? Also, What if I stop paying will they repo the car or does it just stay on my credit as a collection? I currently live in another state from where I purchased the car. Just trying to know all the options, legalities, and recourse... Thanks
  6. Ok so, due to being ignored by the bureaus, i have sent my 3rd letter to all 3 bureaus warning them that i will be sending a formal complaint to the FTC, however i have never gotten this far. Can someone please assist me in writing a letter to the FTC about this.
  7. I had bad credit and decided to do something about it. There are a lot of things about credit I am still unsure about and would appreciate the help from anyone here. 1. Can you get chapter 13 bankruptcy disputed off your credit report? 2. I've gotten regular bankruptcy taken off, but I don't know if I can dispute chapter 13 bankruptcy. Can anyone answer that question for me?
  8. I have a loan (still within SOL) that was sold to another company for collection a few months ago. That company has sent me verification of the debt in the form of the loan agreement and my payment history. The loan was initiated online, so there is no physical signature. The bottom of the loan agreement provided to me says that I acknowledged receipt of the agreement by checking the submit button and state that I have read and agree to the terms and conditions. It further says I acknowledge and agree that any digital or electronic signature represents my signature on the agreement. The loan agreement sent to me does not include a signature line or any mark claiming to be an electronic signature. Here are my questions... Is the act of clicking a button sufficient to eliminate the need to show an agreement was signed electronically? How would a collection agency prove to a small claims court or arbitration that a button was clicked (or an agreement was signed electronically)? It seems as though there would almost need to be an activity record that includes the IP address of a visitor, time of the visit, their actions (button clicks), and keystrokes (signature). Thanks to everyone in advance for your feedback and input.
  9. Anyone here has bad credit and trying to get it fixed like me?
  10. I need some advice please and this is a "not so common situation". I have already started the dispute process with the credit bureaus but so far they haven't removed any late payments, which has caused us a lot of problems. I didn't know these were on there until we sold our house and went to buy another one. I have all my facts written down and will copy and paste it, let me know what you think? Also, when disputing this should I send a copy of everything that happened to the credit bureaus in full detail or will they not care? I bought my home in October of 2001 with a total monthly payment on a fixed interest rate of $665.33. Our payment stayed the same until around 2010. It began going up more and more with no explanation as to why. While trying to make our regular monthly payment we realized it was constantly changing. By 2013 our payment was extremely high. After many conversations with many different Chase customer service employees we finally found out it was due to escrow and the homeowners insurance going from $400 yearly to $3,141.78. We were never informed of the price increase from Cotton states or Chase and had to make several phone calls to Chase before we finally found out why our payments were so high. Living on a budget and having our house payments go higher and higher made things very difficult. This went on from 2010 until January of 2013. We then cancelled our insurance with Cotton States and got homeowners insurance with Shelter Insurance with a premium of $971.00. Chase never canceled the homeowners insuarnce with Cotton States even though we sent a policy cancelation letter, so this had us paying insurance for both Shelter and Cotton states which was a combined amount of $4,112.78 a year which sent our payments even higher. By now our payments were close to or over $1000 a month. I do not have a copy of that and Chase refused to send us one. We recently moved and all my paper work is stored away, the last high payment invoice I could find was the $864.77 from 2012 but it went up even higher by 2013. Every month we would call Chase to resolve this issue which by the time it was resolved the payments were once again late, and month after month Cotton states was put back on our account even after a customer service rep said is was taking off. This was not fully resolved until the end of 2013 which by this time our account was so messed up we had a hard time catching up. Chase reccomended we do a loan modification and sent us all the paper work and during this time we were not supposed to make a payment which now reflects 90 day lates on our credit history. We never did the modification nor should we have had to since this was not any fault of ours. Cotton states finally refunded us for the money they owed us for the year of 2013. By the Fall of 2014 Chase finally had our account straightened out. Our payments finally went back down to where they were supposed to be and not a single late payment was made until we sold our house in 2016. Since then we have been trying to get a mortgage and these late paymets have made it impossible. I had no idea these were even on my credit report until I went to get a new mortgage. We contacted chase and asked for records of all the problems we had from 2010-2014 and they would not send it to us. We needed a history of the insurance increase and the escrow showing they paid 2 homeowners, which they would not send either. They only sent us payment history from 2015 & 2016 which did not help us when applying for a mortgage since this didn't show all the problems and why we were late throughout 2010-2014.
  11. Greetings, I need help! I have an auto loan that is in the process of being charged off. The bank (wellsfargo) has been attempting to repossess the vehicle for some time, however I've managed to keep it in my possession. I owe roughly 16k on the vehicle but got WF to agree to a 10k settlement offer. I don't have 10k or the means to gain that money in a lump sum. My credit score is terrible (480) but my personal habits and financial habits have drastically improved since I put myself in this situation. I am attempting to get a 10k loan to pay off the settlement (and get my credit/my consigners credit back on track) but I am having difficulty finding a place that will consider my situation. I've attempted to arrange a payment plan with WF to pick up where I left off with the loan but they won't have it. I am at a loss of what to do and am open to suggestions!
  12. Hi my name is billy and i have been a victim of identity theft. im in the process of getting my credit fixed, but im worried the guy will use it again after i get it fixed. what can i do to stop this? i know the person who is using my social as i used to live with him. long story short i went through his stuff while he was at work and found a whole binder full of peoples names addresses and social numbers. i didn't call the cops that day but was going to the next day because i used to smoke and was scared i would get in trouble some how to. the next day i had to go to work but was going to call cops as soon as i got there but when i did he had already took everything and was gone. i did call the cops but they would do nothing just a police report to give to credit bureau's. i know where he lives and works now but i don't know what to do. please i need help thank you!
  13. I am an American-born expat living in Peru. All my personal debt is paid as agreed. I am also the legal representative of an English Institute, which has a separate tax identification number. There are three partners. The business is not performing. A few months ago, the business entered into a rental agreement. It has paid 3 months but cannot pay the remaining 3. The first two months I personally paid out of my own pocket. Since there are three partners, I want my partners to pay for the other 4 months (2 each), but they have declined to do so. The landlord has said that if I do not pay the debt, said debt will be placed on my Equifax credit report and will prevent me from getting credit. I went today to Equifax, and the person there confirmed that this might indeed be so. Since I am an American citizen, Equifax is an American corporation, the information is hosted on www.equifax.com, a U.S. domain name, and the information is often transmitted through the Internet, I believe that the matter is covered by the U.S. Constitution, which grants authority to Congress to regulate Interstate Commerce. In short, I believe that the Fair Credit Reporting Act is in full force and that it covers this matter. I entered an Equifax portal to determine how to dispute negative information, assuming that derogatory information may be placed against me in the future. The portal asked for a 10-digit identification code. However, the credit report I have in hand from Equifax does not contain a 10-digit code. It contains a 15-digit operation number. Any advice or information would be appreciated.
  14. Excellent article on how to raise your credit score, and the major components affecting your score. How to Raise Your Credit Score, Fast http://www.bloomberg.com/news/articles/2016-05-10/how-to-raise-your-credit-score-fast
  15. I'm posting this on behalf of my girlfriend who is waaay too trustworthy to random people on the phone that "sound nice". She has about 20k worth of credit card debt. She is considering filing for chapter 7. In the meantime, she got a letter in the mail the other day that said how much debt she has and how they can knock off 70% of that debt and have her only paying around 6K by the end of it all. She received a free consultation and this guy basically said that if she pays them $329 a month for 22 months, she will be debt free at the end of the 22 months. The company's name is US Enrollment Group. This is what they offered/guaranteed her: No 3rd party fees1 Payment per monthAvoid constly debt manaagment programsImmediate reduction of payments up to 70%Credit is restored by avoiding bankruptcyStop cals from creditors and collectorsThe company is NOT accredited by the Better Business Bureau. They are accredited by the Nationwide Business Bureau, but I don't know how reliable they are. I call the guy she talked to and asked him straight up, "By paying this $329 a month will she be debt free after 22 months?" He replied with a simple, "Yes." I looked up the company at usenrollmentgroup.com and read their pitch and I would greatly appreciate someone who has better knowledge of this helping me out. It seems too good to be true to me and I don't want my girlfriend getting scammed. Any information would be awesome. Thank you.
  16. Hello, I have 5 cards now, with the following limits, most of which are about 90% maxed (mainly from post-mortgage shopping, moving, home repairs, kids going to college, etc), hence a very high utilization across the board: Discover: $5000 Limit Chase Amazon Visa: $2500 BestBuy Citi Mastercard: $2000 DCU Visa: $3000 BarclayCard: $1000 about 4 other store cards (Macy''s, Khols, JCPenny, Lowe and HomeDepot) with limits raning between $300 and $100 I have no lates (within the past 3 years), and waiting for some old charge-offs to drop off later this year and next. Thankfully, I have a part-time job now, so it is helping meet my expenses without resorting to the credit cards. I have $5000 from my tax return to distribute on these cards. I intend to put $3k on the Discover, and $500 each across all the 4 other cards (Amazon, BB, DCU and Barclays). Is this a reasonable way to pay out the cards? I want to gradually reduce my utilization and increase my socres, and would appreciate inputs into a strategy that helps achieve this. Thanks
  17. Hello, I wanna paid my debts is already close the credit cards account, charge off or collection 3 years ago. I just want paid them but in exchange I wanna is be delete records. 1/What is the steps I need to fallow to "pay to delete" I just want all the my negative account will be erase in my credit report. 2/if the credit card companies or collection won't delete my debts even I paid them full amount, after 7 to 10 years will be erase automatically in my credit report? Or will show any track I own any of the those credit cards? 3/Can I disputed my full paid credit cards negative accounts with Equifax, Trasunion and Experian erase in my credit report? Or still I need wait 7 to 10 years will drop off in my credit report? Thanks a lot!
  18. I have used the maximum amount of credit card limits if that makes sense. I have not maxed out each credit card but I have the maximum amount of credit limit allowed when you add them up apparently. My question is: I just payed off a credit card that had an $8000 limit. Will this help open up some credit that I can use. For instance I am now getting denied for credit card applications since I am "at my max" but will paying off the $8000 limit credit card help me? Any insight is greatly appreciated. Thanks.
  19. Hi all First post, so take it easy on me I completed my chapter 13 bankruptcy in January of 2014. It only took me a couple years to complete. Most of the debt was from payday loans that I just could not catch up on. Chapter 13 was a good solution to help me organize my debt, and pay off in full without trying to manage multiple creditors. I filed in 2012. Long story short, recently I was denied credit because of a judgement on my credit report. Upon further review I found 2 judgements from 2010, prior to my bankruptcy. One of the judgements reflects that it is satisfied, and indeed that creditor was included in my bankruptcy payments. Another, is still showing outstanding from 2010. When I look at my BK ledger, I do not see the creditor in the judgement included. I am not sure if the debt was sold off and another creditor was included in the BK. When my BK lawyer reached out to my creditors during the filing, many did not repsond. This is why it took only a couple years to pay off all my debt. My question is - How do I go about having this judgement removed? Is there any legal right since it was prior to my filing and completion of Chapter 13? And since I do not see them on my ledger, is it riskier to call the creditor and ask for it to be satisfied, or do I just hold out for 2 more years and let it fall off? Any advice is appreciated. Thank you all!
  20. Hello there, everyone! Firstly, I know this is a long post to begin with, but I just wanted to thank you all for all of the information I've gained from this site just upon reading. You all are a huge help to everyone on here who takes the time to read about their case and sharing your valuable knowledge and past histories is incredibly helpful. So now, I'll get to my case. It's a very little amount, Pressler & Pressler, Midland Funding, NJ - apparently all parties are quite well known, but all details are below. Upon first receiving this, I knew not even where to begin knowing it wouldn't be worth it to hire a lawyer and assuming it's probably a debt they have little to no info on. Upon reading this site and all of your valuable knowledge, I've been able to formulate the below answer. From there, I'm lost, might even be lost with the below, but any and all comments, thoughts, questions, concerns, anything at all is greatly, greatly appreciated. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pressler & Pressler, LLP 3. How much are you being sued for? $2,108.17 4. Who is the original creditor? Credit One Bank credit card 5. How do you know you are being sued? Received Summons/Complaint 6. How were you served? Mail 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? May have spoken to on phone. May have received letters. They have my phone number listed incorrectly on the front page of the complaint (comes up for someone with the same last name who lived on the same street I did on a previous address but was not me - makes me think they lack any info?) 9. What state and county do you live in? NJ, USA 10. When is the last time you paid on this account? 8/2/2011 11. What is the SOL on the debt? 6 years in NJ 12. What is the status of your case? Suit served? Motions filed? A summons/complaint has been filed against me. I have 14 days remaining to answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I don’t trust unlisted number and thus most likely had no communication with them and this came upon me unknowingly. No I have not disputed the debt. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? May 4th, 2015 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? They did not attach anything along with the complaint. The only pages I received were the two special civil part summons and return of service pages, and the summons/complaint page. They provided nothing, no documentation, anything attached to the complaint. RECEIVED MONDAY 3/23/2015 4:57:52 PM 13231242 XXXXXXXXXXXXX Attorney for Plaintiff File # XXXXXXXX FILED Defendant(s) Civil Action COMPLAINT (Contract) Plaintiff having a principal place of business at: 8875 AERO DR STE 200 SAN DIEGO, CA 92123 says: 1. Plaintiff, MIDLAND FUNDING LLC, is the assignee and the current owner of a CREDIT ONE BANK, N.A. account, having the last four numbers XXXX, which went into default with a balance of $2,108.17. 2. The last three digits of the social security number of the person who used the account are XXX (actual complaint does have these 3 numbers). 3. The account was assigned from the original creditor, CREDIT ONE BANK, N.A. through it's legal selling entity CREDIT ONE BANK, N.A./FNBM, LLC to SHERMAN ORIGINATOR III, LLC on 04/12/2012, and then to MIDLAND FUNDING LLC on 04/19/2012. 4. Plaintiff, MIDLAND FUNDING LLC, alleges that the Defendant, XXXXXXXX, is the person who opened and used the account having the last four numbers XXXX, and has a social security number with the last three digits XXX. 5. Plaintiff is seeking from the Defendant, XXXXXXX, on the above account, the sum of $2,108.17. WHEREFORE, plaintiff demands judgment for the sum of $2,108.17 plus costs. I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action. I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7( . My responses: FORM A X (6) Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach more sheets if you need to.) Plaintiff provided no documentation to support the charges alleged in the complaint, therefore defendant denies all allegations. FORM A (State whether you agree or disagree with each paragraph of the plaintiff’s complaint. If additional room is needed, attach a separate sheet.) 1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is, at this time, without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements and lacks information to form a belief as to the truth or falsity of Paragraph 1. 2. Defendant denies the allegations contained in Paragraph 2 of the Complaint as the Defendant lacks information to form a belief as to the truth or falsity of Paragraph 2. 3. Defendant denies the allegations contained in Paragraph 3 of the Complaint as the Defendant is, at this time, this request calls for admission of matter defendant has denied and thus it is improper. 4. Defendant denies the allegations contained in Paragraph 4 of the Complaint as the Defendant, at this time, lacks information to form a belief as to the truth or falsity of Paragraph 4. 5. Defendant denies the allegations contained in Paragraph 5 of the Complaint as the Defendant is, at this time, without knowledge or information sufficient to form a belief as to the truth and accuracy of the Plaintiff's allegations or entitlements as Plaintiff has not entered into record nor has he supplied the Defendant the alleged contract which substantiates these claims. AFFIRMATIVE DEFENSES: Lack of Standing. Plaintiff has failed to prove ownership of the alleged account with standing to sue.
  21. Hey all. I'm in a bit of a predicament. Let me start from the beginning: My daughter was born last February with an extremely rare skin condition. My mother agreed to help out by taking over my card payments. She didn't and waited until they threatened legal action to tell me. I called them and got the legal action dropped. Lesson learned, but now what? My credit rating is in shambles and I'm going to have to pay a ridiculous monthly payment to get back on track. My balance is almost $3,000 at this point and with a little one with a rare medical condition, I can't afford those kind of payments. So my question is: what's my best course of action that won't cost me an arm and a leg? Personal loan? Balance transfer to another card? I'm sure it'd be difficult to get either at this point, let alone anything that's not going to kill me with interest and fees. I can afford the typical monthly payments, but what they want me to pay now is going to be very, very difficult. I'd love to just nix the card I'm on at this point and start over, honestly. Thanks for your help.
  22. Hello, I got my first credit card in 2012. For the first year I was paying it off just off fine, I was working on building credit. In August 2013 I moved from Nevada to California and lost my job shortly after. So I ended up having to use that credit card until I got a new job a two months later. On top of the credit card I have a card payment(under my moms name) that I had to always pay. Also a student loan that lets me pay very little. With my new job I wasn't making nearly enough to pay for everything. So I had to stop paying my credit card. I've had a rough few years trying to pay for the basics while working a low paying job. I'm finally to the point when I can pay off my old debt. Last year I got two letters from the collection agency that now has my debt. However because of moving a few times I haven't been able to find the letters they sent me. I'm not quite sure what to do now. I really want to pay it off, so I can start working on getting my credit back up. Would I be able to call my old credit card company and figure out what collection agency has my debt? Thank you for your time.
  23. Ok so I have a very confusing situation that I hope someone will be able to help me solve or at least point me in the right direction. Sorry for the long post! I took out a school loan from a University I attended in Spring of 2011, the loan was to be repaid from my federal student loan for summer courses I was taking. My loan came in and was credited to my account ( it said I owed nothing and was actually due a refund). When my grades for the Spring semester came in they did not meet the schools academic standards and I was dismissed. The only redeeming thing I could think of from that experience was that I had a bill in my hand from the school for $0.00. Fast forward eight months later, I get a bill from the school for the Spring 2011 loan that I believed and had documentation was paid off. Turns out the school said I was not eligible for the loan because of my Spring grades ( which do not come in until two weeks into the Summer Semester). I called and tried to talk to the school, which had added on a late fee before they even sent me notice of the bill. I have argued with them for years because they say they were supposed to return the entire loan and I have researched school loan policies and the school's policies and have found nothing. I have even talked to an attorney who has sent two letters offering to settle the matter for the original amount ( not the massive late fees they've added to the bill) which they have not answered. They have reported the debt to a debt collector that has in my opinion reported the matter in a fraudulent way. So I am disputing it as paid in full. What chance do I have at getting this removed from my reports? Didn't accord and satisfaction happen when it was paid? Experian said it was just an intermediary in the dispute process, which really isn't true because the debt collector can put their information up, but I get a small sentence saying I dispute the bill, I don't get to show where the bill has been paid. Anyway I know this is a long post, but hopefully someone has some advice for me! Thanks in advance!
  24. Hi, A question for my CIC friends: When a credit card issuer does not have typical retail bank operations, but is primarily an issuer of credit cards, and issues a credit card through a standard retail bank, who is the proper reporting entity listed on a credit report? For example, lets say First National Bank of Omaha (who has no retail locations) issues all credit cards for First Community Bank (who has retail locations), who is the proper party to be reporting on a credit report? Thank you.