Search the Community

Capitol One Bank reopened my account, charged me an annual fee.. and now calling and added a late fee. It was a bad card to have. High interest, yearly fee low limit ,,regretted the day I got it. so made effort to close acct asap. Oct 2016, eliminated balance, called them closed the account very happy !!! they have lots of hidden tricks, i didn't like. today april 24 2017, I get a call from them saying I owe 100 dollars ?? 70 for annual fee, 25 for late charge.... Their causing me great distress by lying. I have phone records (logs) of my calls to them.. HELP I just soo badly want to sue them ..100K and lawyer can keep 75%.

I recently received Complaint from attorneys of Cavalry SPV 1 containing a falsified credit card statement. The most glaring tip off is that the alleged monthly “account summary” contains columns of figures with misaligned decimal points. Citibank statements would not contain this ham handed mistake. Otherwise the statement appears believable upon a cursory look. Any idea how to establish this seemingly obvious yet difficult to substantiate falsification?

Filed Chapter 13 Sep 2011, Bankruptcy Plan Number 8 DIRECT PAYMENTS lists 3 items, Jeep payment $265.36 WF Home mortgage (1stMortgage) $1,553.24 Wells Fargo Bank (2nd Mortgage) $275.00 These are the payments setup and ordered by the court for us to make directly to these companies. Got your attention? The first 2 went along just fine, Jeep paid off, 1st Mortgage ongoing @ 9% interest, 2nd mortgage paid $275.00 as ordered. We paid for 15 straight months, last payment was Dec 2012, so in Jan 2013 WF Charged the account off. No notification just Charged it off. Total payments due for those 15 months as ordered by the court amounted to $4,125.00 total amount of payments made during same 15 months $4,105.00 . (See Redacted payments 2nd mortgage 2016-12-23-091341 document attached) and (REDACTED Chapter 13 Plan 2016-12-23) So question is how could they charge this off and then why are they now reporting it to the Credit Bureaus as overdue $3,303.00. We tried to refinance with WF, got a resounding "No" , Since Aug 2016 I have been communicating with WF, I have received 41 letters some the exact same letter twice in one day, the subjects range in no specific order (Acknowledgements, Response to Inquiry, Update to inquiry, Payoff, Resolution, Status Update), we get weekly phone calls with no new update but letting us know they need 2 more weeks, 2 more weeks, 2 more weeks. (See Wells Fargo Letter Tracking Document) . So what are my options here? They will not send us a bill, we can not refinance because they report this overdue, they claim the account went into default 1 Sep 2011 before the bankruptcy?? They claimed over the phone with the Credit company that the last payment was Oct 2012. Yeah right. The last 3 letters received this week on Monday says a resolution by maybe Dec 29th or Dec 30th, I am holding my breathe... What are my options, they are obviously caught in a mess with disobeying a Court Order and Charging off the account without merit. WellsFargoLetterTrackingSheet.xlsx redacted payments 2nd mortgage2016-12-23-091341.pdf REDACTED Chapter 13 Plan2016-12-23-092308.pdf

Hello CreditInfoCenter Forum, I am currently being sued by CAVALRY SPV I, LLC. In California. This is a limited civil suit under $25,000 on a Bank of America credit card from 2009 that is long past the Statute of Limitations. I’ve attached heavily redacted versions of every article from the plaintiff, and every article of my own (the defendant). Please refer to these in the attached PDF form files. I could really, really use some guidance on how to proceed — this is my first time in a civil suit (or a suit of any kind) and I can not afford legal representation, so I have been forced to represent myself — Defendant in Pro Per. I am trying to the best of my abilities to navigate the legal spider web of the rules of procedure, but still I seem to be getting tangled up at every corner. At this point in time we are in the discovery process, and have completed a case management meeting, the plaintiff has served me Form Interrogatories, Special Interrogatories and Request for Admissions, I have only served an answer to the complaint, it’s unfortunate that I found this forum very late in the process, as I have one day left to respond to discovery set one (It must be mailed on the 9th) and I have only completed my response to FORM INTERROGATORIES, and even that I am very unsure of. I sought free legal aid to file my initial answer, I had the lawyer assert a number of affirmative defenses in my answer including Statute of Limitations, but I am not sure based on reviewing the answer filed that the lawyer filled out the answer in the ideal way. The lawyer failed to suggest to me Motion to Dismiss based on SOL, or demurrer SOL or Motion for Summary Judgement SOL, which I have since learned about on my own. CAVALRY SPV I, LLC. Has not sent me anything that would be construed as proof that they are the legal owner of this debt, yet they expect me to answer discovery revealing private banking information to what could potentially be a third party with no right to know? The initial summons and complaint state three credit card account numbers that did not appear anywhere in my records, and were not the original Bank of America account number. They are claiming in MULTIPLE places within discovery and complaint that I made a payment to them on 12/31/2012 and I made no such payment. I only have two bank accounts and have the records to prove that no payment was made to CAVALRY SPV I, LLC. from either account, let alone a payment on New Years Eve which assuredly anyone sober would recall. They have even gone as far as to completely FORGE a document in EXHIBIT 2 — This document is on CAVALRY letterhead with their company logo, an account number they seem to have made up out of thin air, and little more than a short transaction history of a credit that was never made, and a few adjustments I do not understand. (It seems this is a common tactic for CAVALRY, after reviewing their other suit in this Sub-Forum). I paid for and downloaded every article on file at the court’s website for this case, nothing related to chain of title or bill of sale anywhere. I have a number of concerns: 01. They have not proven ownership of the debt nor even tried to, and are asking for private banking information VIA Discovery? 02. The account numbers in the complaint are not the original Bank of America account number (Though they did later list the original account # in Discovery)? 03. Their SPECIAL INTERROGATORIES are basically empty except for a few definitions that relate to the REQUEST FOR ADMISSIONS, there are no questions in the SPECIAL INTERROGATORIES? Can definitions within SPECIAL INTERROGATORIES be applied to REQUEST FOR ADMISSIONS?! 04. Within the REQUEST FOR ADMISSIONS, they have a single request asking me to verify the documents in EXHIBIT 1 — EXHIBIT 1 is 52 pages of Bank of America credit card statements that COULD possibly be from my account, but I do not have many records of this account to compare to so I have no way of authenticating for certain? and they have already forged a fake transaction history document in EXHIBIT 2 so I have means to believe they could have done the same in exhibit 1? Further the last 12 pages of EXHIBIT 1 are Bank of America monthly credit card statements IN SPANISH, I do NOT speak Spanish?! Isn’t this also unjustly compounded? Using one request to ask me to authenticate over 52 pages of documents that are separate monthly credit card statements? The documents in EXHIBIT 1 are NOT NUMBERED or sequenced in ANY WAY so it would be impossible for me to individually accept or deny certain parts, I’d have to accept all 52 pages of statements in entirety as authentic? 05. One of the Discovery documents has my name spelled incorrectly. 06. I read something saying that they are required to try Alternate Dispute Resolution/ADR but they have not, they included an ADR Packet, but the ADR Section of the complaint was empty/not filled in and appears it is supposed to be? I have many other complaints and concerns but these are some off of the top of my head, I could really use any and all assistance in regards to this case and the best way to proceed, I honestly can not afford to lose, it would basically be the end of my family at this point, yet I can not afford representation either. Thank You very much for your time and Consideration, plaintiff_(full)_redacted.pdf defendant_(full)_redacted.pdf DRAFT form interrogatories (Answer) redacted.pdf

For those who have been sued by Wells Fargo for credit collections, how will this event about Wells Fargo fraud in the news recently affect those who lost their lawsuits and those that are still going forward? How do those know their accounts were fraudulent when the bank said that you get free additional accounts when you open a checking or saving account and they used your ss# fraudulently and you did not realize it to open credit card? Can you even appeal your lost lawsuit? Would they have to supply a signed document by you to prove they opened the account in good faith?

1. Who is the named plaintiff in the suit? SLM Education Credit (special subsidiary without executives that Sallie Mae uses as a Plaintiff) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker & Moore (BHLM) in Phoenix 3. How much are you being sued for? $8K 4. Who is the original creditor? Sallie Mae 5. How do you know you are being sued? (You were served, right?) Found this the next day after they filed this Complaint - on the Justice Courts Website Was served 9 days later. 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? They sent their dunning letters twice (August 2012 and February 2013) Both times responded them with DV Request. The second time they sent me the copies of original papers with my signatures. 9. What state and county do you live in? Arizona, Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2007, Charged Off in June 2008. The same month they accelerated the Whole Balance Due option ( using Zwicker and Assoc and Arrow Financial Services, Arrow is SLM's collection subsidiary). I lost all their dunning letters of 2008-2010. 11. What is the SOL on the debt? ARS 47-2725 - 4 years Statute of Limitations in Contracts for Sale, thanks to FTC Holder Rule Provision in this Contract (see below). Update 02/04/2015: It was not ARS 47-2725 - it was ARS 12-544(3) - Four Year "...upon an instrument in writing executed without the state." 12. What is the status of your case? Filed MTD for the Failure to State Valid Claim and as Time Barred under ARS 12-544(3) (the contract was signed in Florida). The MTD was denied. Today (10/02/13) filed my Answer and Counterclaim =================================================================================== Update - 01/28/2015: I won my Appeal in Maricopa Superior Court - the Trial Judge erred ignoring my AZ SOL 4 years ARS 12-544(3) defense "upon an instrument in writing executed without the state." ========================================================================== Update - 02/06/2015: Received in mail the official Justice Court Order (02/02/2015) on three pages: 1) Vacating its previous Judgment for SLM (04/04/2014) and awarding me $140.00 in Court Costs (JC only) and releasing my Appeal Cost Bond $250.00 (by Chase Bank); 2) Quashing SLM's Writ of Garnishment and requiring Garnishee (my former Employee) and SLM return me any garnished money (total $757.45 was not specified there); 3) Superior Court Appeal Filing Fee $304.00 is not addressed there.

Couple days ago I was contacted by one person with very generic email address online4hire@yahoo.com (who pretended to be a personnel manager of one really existing big global company) regarding my resume posted on a job board for Seniors. That gentleman wanted to conduct a job interview thru Yahoo! Messenger (texting only). He offered me a kind of Data Entry Clerk position with $28.00 per hour (too good to be true, ). He did not give me any physical address of his company and his workplace. He asked a lot of questions that DID NOT INCLUDE such questions as: 1) Am I authorized to work in the USA ? 2) How I would like to be taxed: W2, 1099 or as Corp/Sole Proprietor ? He provided also his alternative email address (also weird) and the phone number (which also was his fax number). I googled this phone number: it belonged to absolutely different company. I contacted with the management of "his" big company to verify if this person is really working for them. They answered simply: the guy is FRAUD. Just wanted to share: Job Seeker Beware. ================================================================================ There is his original email: This is Mr Matthew A. from XXXX Group. Your resume was seen on <<Seniors Job Board Name>> of workforce Resumes database for prospective employees and we feel you would be an asset to the company. The positions available are Data entry clerk,Accounting clerk,Customer service, Medical biller and Administrative Assistant. The pay rate is $28 per hour,you will also be paid $20 per hour during training session The interview process is conducted via Yahoo Messenger,you are needed to set up a yahoo account then have me added to your yahoo messenger list for the job briefing/interview process. ( online4hire@yahoo.com )

I have been researching issues surrounding debt collection activity and fraud. Apparently, some debt collectors may be violating racketeering laws (RICO), as well. In a New York Federal Court case, the debt collection company Mel Harris and Associates, and its affiliates, have been accused of violations of the Fair Debt Collections Practices Act, the Racketeer Influence and Corruption Organization Act, and Fraud. The lawsuits stems from a scheme by the Defendants in which process servers fraudulently told the court they properly served debt collections lawsuits. Instead, they were routinely engaging in "sewer service" and never served the legal papers. Further, the Defendants are accused of falsifying Affidavits en masse in a wholesale fraud on the court. The lawsuit was approved as a class action on behalf of up to 100,000 consumers that were subject to default judgments, wage garnishments, and frozen bank accounts at the hands of Mel Harris and Associates, and its affiliates. The Consumer Financial Protection Bureau in conjunction with the Federal Trade Commission has presented an Amicus Brief in support of the Plaintiffs. The tide is turning against debt collectors. I don't believe this case is an anomaly, but points out what is occurring across the country as debt collectors' daily business practices. I've long believed the debt collection industry and their business practices were a massive fraud scheme. Here's one example where the accusation is not just fraud, but racketeering. Some great articles on the story: http://www.forbes.com/sites/danielfisher/2011/01/04/judge-allows-rico-suit-over-debt-collection-tactics-to-proceed/ http://blog.credit.com/2011/01/suit-debt-collectors-sewer-service-was-racketeering/ http://www.law360.com/articles/508148/2nd-circ-weighs-100-000-member-debt-collection-class CFPB & FTC Amicus Brief: http://www.ftc.gov/sites/default/files/documents/amicus_briefs/sykes-v.mel-s.harris-associates-llc/131113sykesharrisbrief.pdf 18 U.S. Code § 1962 - Prohibited activities: http://www.law.cornell.edu/uscode/text/18/1962

Hi guys!! Ok, so I wanted to come on here and ask for you guys' advice for a friend of mine. Here's the HUGE problem.... He has a $300,000 foreclosure PLUS some credit cards on his account. The problem is..... the foreclosure is a house that his mother purchased when he was 18 and tricked him into cosigning for it because he had great credit. She basically told him that he was signing for the house in case anything happened to her... it would go to him without any issues. This is when he knew nothing about this type of stuff. He just signed the papers. He didn't find out until he was like 21 and went to go buy a house with his ex and found out he had a foreclosure on his credit. THEN...not only that but just about a year and a half ago him and his mother got into it really bad because he found out that she had opened some more credit cards in his name. He tried to dispute it with the credit companies but they didn't believe him because he was living with her and the credit card bills were the same address as his. as far as the foreclosure, he was told the only way to get it off his credit was to file fraud and he didn't want to do that because he didn't want to send his mother to jail. She's done this so many times and it really pisses me off. Her and her sister were doing it together, except her sister wasn't doing it to her own family members. Her sister actually got caught and went to jail for 2 years. This is a very touchy situation. I told him to let me help him try to repair his credit because I am doing pretty good in my journey but he is convinced that nothing can be done about the foreclosure especially. I would really appreciate all the help we could get on this subject!!!

Hey all! I'd like to hear your thoughts on tolling the sol in a fraud case. I want to make sure I am thinking outside of my own POV. Unifund committed various forms and acts of fraud in their case against me and the court. They finally withdrew their case and the fraud was abated. If I am correct the sol starts at the time of abatement, right? Thanks in advance!

Anyone know of any good articles, outside of the first 10 pages of an internet search, on medical billing fraud. I have some collections from a few years ago. These collections might be from legitimate bills. However, the reason they weren't paid is likely due to some insurance fraud on the part of a former doctor of mine. The fraud looks like this: He reported charges WAAAY higher to my insurance agency than me, to the tune of $1400 per 15 minute session. That quickly drained my yearly maximums. However, when I went in it was the usual co-pay of $20. There was never a mention of an outstanding balance, or a request for payment from me. There was also never any collections on his part. I suddenly got notice before one appointment that he was no longer with that clinic. I went back to see another doctor and mentioned the discrepancies and he basically said, "He was involved in some funny stuff and I'm part of the reason he's no longer here." So, after his obscene charges other medical services I had ended up in default. I'm would just like to see if I have any legal protections... Thanks.