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Dark04
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that "thing" has been up for sale for almost 6 months now. LONG before all this crappola started. (I know that will look good for the judge that we didn't wait until we got hit with the trouble to do anything. we did it BEFORE we even knew there was trouble)

I'm second guessing myself on calling that mr. new lawyer dude though. he didn't even know the court date until I told him. now I'm sorry I said anything about the date. maybe he would have missed it? oh well. too late now I guess

there's been three requests for verification now. the first was faxed to them by Homeland before we terminated them (6/3/03) and then we sent cmrrr another request for verification right along with the answer to the summons (7/29/03), and then we sent a letter cmrrr telling them of our efforts to communicate with them and the fact that they have never answered the verification letters.(8/13/03) Probably the only thing I "should" do is send the verification cmrrr again but to the new lawyer dudes office now too. (since the first three went to the old lawyer dude in another city)

at this point I'm not really sure what good the verification letter is going to do though. especially if brought up in court. I can just see the judge (whom I know BTW) asking us "do you owe these folks?" and we'd have to say "yeah, but they didn't verify" and the judge will ask us "does that matter? you owe it and here they are" somehow I don't think the FDCPA is a common thing around here, where watching the grass grow and cow tipping on weekends is a big thing! *L*

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  • 2 weeks later...
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*if you don't want to read whining--DONT READ THIS* *L*

well I got my new court date which is actually a good thing. gives me a little bit of time. BUT---I'm getting really discouraged here. I submitted my complaints with all three authorities (BBB/FTC/AG) and haven't heard a durned word! *sigh* tried calling the BBB and got a message saying heavy call volume and I would be answered next in the order the calls were received. well I got the hold music for about 5 minutes then the phone started ringing.....and ringing.....and ringing. they never did answer!(oh what fun to listen to a phone ring in California while sitting in Ohio*L*) so I fired off an e-mail to see what's up with this company having three weeks to play games and not answer anybody (including AG's office) the web site just keeps saying "company has been notified and BBB is waiting for their response" sometimes I think it's a real good thing I don't live closer to this company! *growling* I'm beginning to wonder if I'll ever get any of my money back! *sigh*

for those of you who actually read this....sorry, I'm in a whiny mood today. not one thing has worked right for me today :cry:

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Unfortunate, he is wanting to play this out to the end, once you do get in court you have him, just point out to the judge that he has not validated this debt and that you need documentation to review for yourself on this matter, from what I have heard of others, this should result in a continuance for a nother court date, once he meets these requirements by the court.

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  • 2 weeks later...

I don't even know where to start! *L* after what seems like a long time I've finally seen some movement in all this mess. if it helps the following link is to a couple questions for CAlawer about things that happened yesterday.

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=7277

to sum it all up I finally heard from Homeland(through the BBB) and they offered me ALL my fees back :D this sure would help with the summons for sept 25 court date from Discover. but I do have a few concerns addressed in the previous link. I'm still waiting to see if they had/have responded at all to the local AG's office.

on a different note- I spoke with a lawyer and he said we have a pretty healthy case against them that could get DH and I substantial rewards. (emphasis his). not sure what direction we are going in yet as the most pressing matter is this Discover lawsuit to be handled first. After being the "defendant" for awhile now I'd sure like to try being a "plaintiff" :twisted: *L*

I'll let you know what's happening as it happens! oh and KB.....you're THE BEST! thanks for the "chat"! maybe next time we can just chat and not cover so much nasty stuff! *grin*

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ok, here we go with the questions again! *grin* I finally got the response from the BBB site that Homeland was offering ALL my fees back on Sept 4th and I sent my answer (through the BBB site) that the offer was acceptable but the company had NOT made the adjustment yet. just for fits and giggles I checked the web site this morning (9/6) and entered my complaint number and up comes a screen showing this complaint has been closed with a satisfactory outcome of the complaint? WHAT? did I miss something? how can this be closed? much less satisfied? I haven't seen or recieved one thin dime yet! I'm supposed to call the AG's office when I get money so they can close their complaint too. but I don't want to call them yet.....I'm not satisfied yet! *snort*

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I hope you can get them over to the BBB and see what is up with them closing before following through to insure that you are actually completely satisfied in FULL.

Nope don't move one bit on the AG, they are you ACE on this matter. And you might just be adding to the complaint for false advertising on Homelands part to get the BBB to back down.

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whoooo-hooo! *extreme snoopy dance* I recieved a certified mail today and just got a check for all my fees back!!!!!!!!(AND didn't sign anything giving up my right for future litigation) YIPPEE! as much as I wish I could go and spend it (like on groceries) it's going to be held for the court date and hopefully will work to help us make a deal with the lawyer and avoid judgement. (everyone cross your fingers for me please!)

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hmmm I need some advice here. The lawyer and I seem to have agreed on the monetary amounts but they (disc) wanted a judgement in this amount to be dismissed when paid. I answered that "judgement" was not a satisfactory answer. The lawyer is asking his Client (disc) if a promissory note would be an option instead of judgement. My questions are these: #1 is promissory note better than judgement with dismissal when paid? and #2 what's my choices if the lawyer comes back with the answer that it's judgement for this amount with no compromise?

I REALLY don't want the public record judgement as compared to a prommisory note right? judgement is public record and promissory note would look like a loan on the CR's? (I'm so confused) :?:(:oops:

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well looks like the end of this thread unless something new pops up. we have all settled on the final terms and NOT going to court. I'm still trying to contact DH at work and give him the good news! thank you so much for all of your help and expertise! *bowing* you have all helped us (me especially) through a very difficult and stressful time! but don't think I'm going away! *L* you can't get that lucky! I want to stick around and help out others who get caught in a nightmare like this! you are all angels and deserve much more than my meager thanks but it's all I've got! (until the bill is paid in full anyway! *L*)

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we had a total of 6 creditors caught up in this nightmare. 5 out of the six worked with us 100% once we called and explained everything that had happened. none of those 5 are "settled" but we are making lower payments with very little or no fees and interest. here's the breakdown for the first 5:

#1 Sears- CO payments until we think we can settle.

#2 Wachovia- CO- payments with money on principle only, no fees or interest

#3 Providian- closed acct until three on time payments then showing current

#4 Cross Country Bank- CO- no interest, no fees, all money on principle, no actual monthly payment amount as long as we pay something every 30 days

#5 1st National Bank of PA- closed acct- three on time payments lets us assume the normal monthly minimum payment and shows current.

and then we get to #6 Discover- CO- I'm still researching how this shows up on the CR later. right now the CR shows civil suit filed. I asked the lawyer and he said it will be dismissed with prejudice(sp?) so that we don't miss payments to the promissory note (I can accept this) I'm still waiting on the paperwork to sign so I'm a little leary of listing exacts on this one. but we did settle on a lot less money than the original amount. an initial goodfaith downpayment to be followed by monthly payments until done. I'm going back to work so these new payments don't kill us this winter. but I'm still curious if this suit will continue to be public record after dismissal or not. any ideas? thanks all again!

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YEEEEE-haw! dismissed means removal? OMG! I actually did the right thing? *falls over in a dead faint* I'm sooooooo happy! *huge silly grin* no public record is almost the best news I've gotten so far! *L* thank you all sooooo much!

so once the paperwork is agreed upon and signed and payment made, the lawyer should notify courts that it's dismissed correct? (he said he would) but you're saying I should follow up and MAKE SURE?

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good catch KB! *bowing* it already hit my CR (sort of) it says "civil suit filed" for listings concerning Discover. mine and DH's! as soon as I get the dismissal in writing I'll forward it to the CR's and see how long that one takes! *sigh* everytime I think we're going to make ends meet.....someone moves the ends! *L*

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  • 4 weeks later...

hi....it's me again! *grin* you sick of me yet? I got the paperwork from the courthouse with dimissal and I have a few questions (as usual). I pulled the CR's for both DH and I (yes, he was standing right there, he doesn't type) and checked the status of the court filing. mine says civil suit dismissed. DH's says not one word about the civil suit. WHY? not that I want him to have any negative marks but how come I got slammed with it and now have to get it removed? and he didn't even get it mentioned on his? we BOTH got served at the same time. so my next step on this is to send a copy of the dismissal to the CRA? do they HAVE to remove? what's my options on this? thanks!

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Sometimes the sources harvesting the information from the court houses - will over look joint filings. Or it may be yet to be updated on his credit report. I know when I collected public records it was not always easy to catch all of the details needed to forward to the CRAs.

All you have to do is give a letter:

Name

Address

Social security number

Date of birth

Enclosed is copy of dismissal for docket number ...... for ....... court house, I am requesting that you remove this off of my credit report.

That will get it the job done for you for sure.

So keep ahold of that dismissal form incase you have to send another copy to the CRAs for your husbands report, in case they catch up adding to the credit report.

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Thanks sweety! Believe it or not I put that dismissal letter from the courts in my safe right next to my marriage cert and all our birth cert! *L* as far as I'm concerned that dismissal is just as important right now! I'll make a copy and send it out and see how long it takes. Plus keep up on DH's report so it doesn't hit there too! you're the best! thanks!

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