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Please Help! Not sure how to proceed..


cr73a
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I am working on cleaning up my hubby's credit , he had an account from freedom tv & stereo that was part of a chapter 13 back in 1996. In 2000 the ch 13 ended 1yr early due to lack of income. Now after 4 years Freedom has been calling and sending "48 hr final notice" letters. Upon recieving the 1st letter I sent out a DV and claimed SOL.

They sent back a copy of the retail instalment contract (which is signed) and a security agreement and additional terms contract (with NO SIGNATURE),a printout of the GA statute of limitations highlighting 6 years for sol on a written contract. and a printout of an accounts recievable ledger.

1. They highlighted a few paragraphs of the unsigned security agreement stating they can add interest and take my personal property to sale.. my only problem with this is it is NOT signed - it could have come from anywhere.

2. the printout of accounts payable is all in order, shows where the trustee made payments and the balance due went down...the last payment by the trustee was on 03/07/00 the balance left was 938.04 from here it gets strange suddenly on 5/15/01 there is a $100.00 and again on 06/12/01 another $100.00 payment and on 07/10/01 another $100.00 payment - yet the balance remains 938.04. These 3 $100.00 payments were not made by my hubby or by myself. In the letter that accompanied this she stated and signed that the last payment was on 08/07/01 yet there is no record of this on the account ledger and amount owed is still 938.04.

3. the print out of the SOL dates for GA state 6yrs for a written contract (they highlighted this) and 4yrs for an open account - now the account ledger says the account is "revolving" is this not the same as "open"?

is this a case of them trying to re-age this account with false payments, dates not matching in their own paperwork. we sent another letter addressed each of these issues I have, and we were completely ignored, until today when we recieved via regular mail, another 48 hr final notice stating they will seize our non-exempt property to be sold, seize our bank accounts if payment is made.

my question is where do we go from here? address the same issues with them again? and can they seize these things that have my name on them (the account is not mine) please any advice is appreciated.

Thankyou

Caroline

(sorry for being long winded)

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