Search the Community

Showing results for tags 'verification'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


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 5 results

  1. I received a bill from Portfolio Recovery Associates in the amount of $300.00. I have read a lot of threads on here, but there are many different ways in which people are sending these junk debt collectors debt validation letters. Can someone please tell me, should I make it a simple letter- just ask for verification, or should I go in depth with all the Federal laws, 15 U.S Code 1692g, etc... I am also being sued by them for collection of another credit card bill. I am trying to address this 2nd bill before they follow with a law suit. I am also a disabled veteran, and my sole source of income is my VA disability payments. I have also stated that on the original answer for the 1st lawsuit, and am thinking of putting that on the debt verification letter for the 2nd credit card. Any info and help is greatly appreciated!
  2. 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.
  3. Good evening, I submitted a skeleton packet to the Bankruptcy office in Sacramento on the 29th of April. I just noticed that I have to have the Verification and Master Address submitted by Friday 5-6-16. I have a couple of questions that I cannot seem to find the answers to ; 1) Do I include my student loans (I am still in school, they are deferred until 2017) on the "Master Address list?" 2) I am still receiving "settlement offer letters" for things that were "charged off" on my credit report, shall I put those on the Master address list as well? 3) There is a lawsuit against me that I have responded too, I believe I put that on the list, But; do I put the attorneys information or the Original Creditors address etc? Sorry for all of the questions
  4. So, I was served yesterday... --------------------------------------------- 1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian and Miele 3. How much are you being sued for? $2,XXX.XX plus interest, plus attorney's fees, plus cost of suit, plus other such relief as is fair 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons delivered at door (my boyfriend got it, since I wasn't home) 6. How were you served? (Mail, In person, Notice on door) 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? The first letter on 01/22/13, I sent a DV letter within 30 days, in response they sent a copy of statements from 2009 on 4/29/13 (and the amount on the statement was different than the amount they are trying to collect), then they sent the intent to sue on 5/15/13. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per the complaint, 11/2009 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Case intake and summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No but I probably should have. 14. Did you request debt validation before the suit was filed? Yes 15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The only thing is a note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct. And it is not signed. The verification reads: I am the attorney for the plaintiff...., a party to this action. Such party is absent from the County of Los Angeles where attourneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, CA on May 15, 2013. Then is says signature (but it's not signed) and his name. --------------------------------------------- I know the next step is to file a sworn denial. A very similar case was posted and the question came up as to whether a general denial would be enough? Does anyone have insight to this? ...29 days and coutning to file my denial (and do it right). Thanks in advance for your insights!
  5. 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.) Stelios A. Harris, Karen E. Lusis, Mishaela J Graves, Timothy Brown, Sarah A Robinson-McElroy 3. How much are you being sued for? 2013.01 4. Who is the original creditor? (if not the Plaintiff) HSBC Bank. 5. How do you know you are being sued? I received a letter from LegalWing telling me I was being sued and they wanted to help me. Then I got another letter a few weeks later from a different legal group Country-wide Debt Relief. I did a search on the Superior Court website and I found the lawsuit. April 17, 2014. I downloaded it which cost 30.00. ouch I read it and waited but I was never served. On May 1, 2014 I checked the Court records and saw that I was served by substitute service on April the 8th at 7:50 PM. Summons was served on a gray-haired woman 60+ years old who was approx 5’7” 150 lbs. And refused to give her name Then he allegedly placed a copy of the paperwork in the mail with First Class Postage . I never received anything. Other attempts he claims that he made were 7:32 AM on 3/27, 2:58 PM on 3/30, 6:19 PM on 4/02, 10:16 AM on 4/05, then the 4/8 attempt at 7:50 PM. What they don’t know is I manage the Mobilehome Community where I live and my office is looking right out at my house. There is no way anyone attempted to serve me papers especially that many times and I did not see them or one of my neighbor's did not see him. Oh they would have called me so fast. Not to mention you can't loiter or hang out in a car in our community. You would stick out . One of my residents would have reported it to me if I had missed it. (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) Sorry got ahead of the question He said he left a marker on my door in the papers he filed in the court.. We never saw anything on our door. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint No 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I believe I received one statement from them but I do not know what happened to it. I don’t have anything from Midland except a letter dated 4/16/2014 which I received after I printed out the Proof of Service of Summons on May 1st (it was filed in the court record on 4/21/14) I have not talked to anyone. 9. What state and county do you live in? Orange County, California- Court will be in Santa Ana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/2011 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts The SOL for this debt is 4 years. 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).13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO. 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. NO. 15. How long do you have to respond to the suit? I already did (This should be in your paperwork). We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes Account Stated- Just the Special Interrogatorries-I have responded to everything so far but I don’t like what is going on now.. I mean I believe with all my heart these people knew I was never served especially with the dates that they filed the service paperwork. When I answered the Complaint I did not have much time. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They did not attach anything. Not a single thing. Complaint for: (1) Account Stated. Following the complaint is the First Cause of Action: - Plaintiff realleges and incorporates by reference the foregoing paragraphs. - Within the last 4 years, Defendant became indebted on the Account to Plaintiff in the sum of $2013.01 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. - Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due. - As of the date of this complaint, there is due and owing the unpaid sum of $2013.01 Cost of suit and whatever the court deems just and proper less credits or adjustments of $0.00.. The status of my case is: Case Filed – I answered the summons May 8th with information I got from this website. I basically denied everything They sent me Interrogatories, Admissions and Production of Doc’s.. I answered all of those with answers I found here. And sent them to them cmrrr Next I sent them- Defendant’s first request for Production of documents. I sent those July 16, cmrrr Midland sent me 1 Statement from Orchard Bank dated 12/12/2011 and a Assignment and Bill of Sale from HSBC to Bureau’s Investment Group III dated 1/20/2012 There is no reference to my name or the alleged account in question it states " this is a sale of Prime Fresh Charged off Receivables described in Paragraph one thereof upon the terms and conditions set forth herein." Then a little further on it says "for good and valuable consideration blah blah blah (pretty much word for word what I have read here) Purchase Price shall be as stated in Paragraph 3 of Agreement Attached . No Attachments at all. The Next document is an Assignment and Bill of Sale from Bureau’s Investment Group Portfolio No 15 LLC to Midland Funding that is dated on May 7 2013. This document has a lot of redaction then talks about Purchased accounts File, The Chain of Title File, and Seller’s Accounts information Then on the last page it Says This Bill of Sale is Executed without recourse or warranties except as stated and provided for in the agreement. Again "No Agreement" A field data sheet with my name and info It says Data Printed by Midland Funding from electronic records provided by Bureau's Investment Group Portfolio No.15 LLC pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 5/8/2013 in connection with the sale of accounts from Bureau's Investment Group Portfolio No. 15 LLC to Midland Funding. Affidavit of Bulk Sale of Accounts all of this took place in Delaware by the way. There is also Bureau’s Investment Group Certificate of Sole Member a Michael Slotky Some more junk then some statements they say they sent me which I have never seen. They included in passing that they would send a verification of all the junk in a few days. We have a Case Management Conference scheduled for August 5th. I sent out a meet and confer cmrrr because I have issues with the fact that they have not shown me anything that says I owe them any money. They do not have any paper with my name and/or the alleged account number on it except 1 Orchard Bank statement from 12/2011. I don't think that piece of paper means squat . It does not show or prove that Midland owns that account. They sent me a case management statement and it says that we completed Discovery however (they stated in the answers to me that discovery was ongoing they were still reviewing) I sent Midland Funding my case management statement yesterday and I am filing it with the court today. Then today I got this verification as to responses Leslie Armento an employee of Midland Funding LLC. She is the servicer of the account in question.