playmaker Posted July 19, 2005 Report Share Posted July 19, 2005 Okay heres a quick history of a 2yr case: In college I took a student loan in 90 from my university after they lost the original GSL loan . Well after I graduate I started to payback my loan but noticed that they had me 180days late on my credit report. Well to make a long story short I told them I wouldnt pay until they corrected the information back then I didnt have a private right of action. Now fast foward 2003 the information concerning the loan had been off my credit report for years. However, it reappear on my report in 03 I called the bureau they say its a different account because the account number is different plus they had me making paymeny up until 03. This is a tactic collection agencies use inorder re-age an account .Thus, the information couldnt be removed. I called the University collection supervisor she says my problems can go away ,if I give her a check . I told her no, I will sue she says they will pursue a judgement . Well they beat me to the court. I get a judgement on me for 1500 plus 5%annum. I tried to argue about statue of limitation but in the contract it waived the statue of limitation. I also argued about the credit report judge said thats a seperate matter. Therefore, I file suit against the University. Well they filed a motion to dismiss my case. I answered their Motion to Dismiss my case and won. Just for your FYI although we have the right to sue our creditors you have to prove to the judge you have that right under Nelson vs Chase. Now they have filed a Motion for Summary judgement and I have to answer that motion. Funny they are turning me into a lawyer. Anway in their Motion they made a huge mistake they submitted a copy of the info they sent to the credit bureau. The information essentially proves my case they made up a credit history in order to re age my account. In the documents they have me making payments up until 03 thats counter what they said in the case they won against me . In that case they said I hadnt made a payment since 95. Futhermore, they submitted the long term contract we signed 16yrs ago and it contains the wrong ssn!!! That might explain why it was never reported correctly to the credit bureau. Now Im looking for case law for my damages. Im going to argue Universal Default which means because of the information put on the credit report in 03 other creditors became worried and raised my interest rate. Also other damages such as I couldnt apply for credit. Also the next time we go court they want a oral examination for the case they won against me. Now I appealed that case but it takes months or years. However, in both cases its the same judge. Now if they have submitted documents that are counter to the documents in their case against me I shouldnt have to pay that amount. However, the judge will probably say that case has been settled. This is fraud what can I do? The judge will have to realize the contradiction. If you have any case law or advise please let me know. Sorry for the length of this post . Thanxplaymaker Link to comment Share on other sites More sharing options...
admin Posted July 19, 2005 Report Share Posted July 19, 2005 Okay heres a quick history of a 2yr case: In college I took a student loan in 90 from my university after they lost the original GSL loan . Well after I graduate I started to payback my loan but noticed that they had me 180days late on my credit report. Well to make a long story short I told them I wouldnt pay until they corrected the information back then I didnt have a private right of action. Now fast foward 2003 the information concerning the loan had been off my credit report for years. However, it reappear on my report in 03 I called the bureau they say its a different account because the account number is different plus they had me making paymeny up until 03. This is a tactic collection agencies use inorder re-age an account .Thus, the information couldnt be removed. I called the University collection supervisor she says my problems can go away ,if I give her a check . I told her no, I will sue she says they will pursue a judgement . Well they beat me to the court. I get a judgement on me for 1500 plus 5%annum. I tried to argue about statue of limitation but in the contract it waived the statue of limitation. I also argued about the credit report judge said thats a seperate matter. I'm not sure about the grandfathering clause for SOL on Student Loans. Anyone?? I think you have a case on reaging, but if they have a judgment, it's kind of moot, unless you can prove the SOL expired. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 19, 2005 Report Share Posted July 19, 2005 Yeah, I am not sure about the SOL just being brushed aside, either. Link to comment Share on other sites More sharing options...
playmaker Posted July 19, 2005 Author Report Share Posted July 19, 2005 The Judge will have to reconsider the judgement because the amount that i owe will be based on the defaulft date. They cant in one suit say i defaulted 10yrs ago and then submit documents that say im current as of 03 . The last time i was in court the judge pose the question are these cases interwind. The answer is yes. I think we need a Template for case law on this site. Link to comment Share on other sites More sharing options...
admin Posted July 19, 2005 Report Share Posted July 19, 2005 The Judge will have to reconsider the judgement because the amount that i owe will be based on the defaulft date. They cant in one suit say i defaulted 10yrs ago and then submit documents that say im current as of 03 . The last time i was in court the judge pose the question are these cases interwind. The answer is yes. I think we need a Template for case law on this site.I don't think this is a big enough technicality. It's really the SOL that I'd be focusing on. Link to comment Share on other sites More sharing options...
playmaker Posted August 11, 2005 Author Report Share Posted August 11, 2005 Thanks for the replies. The SOL is a moot issue!! If a lender puts in small print you waive your rights away for SOL then it gone. I thought I could win that argument but the judge immediately said you can waive your rights!!! I have an oral exam and my case against them all in one day. Ive already defeated their motion to dismiss because of no private right of action . Next they filed a motion for summary judgment , I just finished my answer to the summary judgment. The thing I have going is that they submitted documentation that has so many conflicting payment dates and amounts. Thus, the judges cannot order me to pay a loan that he can't detemine how much is owed. To me it obvious that they have commited fraud inorder to reage and old account and to get a unjust judgment. I will keep everyone posted. I also will give tips on how to write a motion to dismiss and summary judgment. I think my Alma mata is putting me through all this because just like an individual they cant afford to have a judgment.ThanxPlaymaker Link to comment Share on other sites More sharing options...
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