help - being sued - old debt by NCO

[ConfusedButLearning]

Help, I already made some “technical mistakes”, including probably giving the plantiff attorney too much info on how I plan to proceed to counter there claims, I have not provided any personal or financial data ie. email address.

I need some advice of how to proceed.

In 2005 I took the decision to take out a mortgage. This also presented an opportunity to pay off some of my own accumulated debt One of these creditors was Citibank And a draft was issued in February 2005. , last payment I recall before this was in early (can’t pin the date down, maybe Feb) , but the year was 2001.

I had never been notified prior of NCO sale , assignment (not clear which) and the investigation by the refi company never turned that up either. (I presume any way)

Several months later I started getting phone calls from NCO, very numerous, several per day and even at work. Very harassing in tone. At Home phone messages came in as Unknown, blocked call and my favorite of all “NCO Graphics”. Clearly a falsification of caller ID, this is of course not illegal but says something about the tactics this company uses I had a service through aol that converts phone messages to digital form and stores them.

August 2005 I received a notice from the arbitration forum stating that a claim had been filed against me,

NCO sought an award from the arbitration, after examining all the evidence the arbitrator, the judge that I understand is a respected judge in Michigan issued an order for dismissal (with prejudice). After all I had produced a copy of a check to Citibank, which was my original creditor. This should of ended everything right there. So I thought.

Than I received another demand for payment by NCO, not mentioning the arbitration and structured exactly like those before the arbitration. I ignored it . another Mistake

I was advised by a third party that I should seek a cease and desist order, unfortunately with so many other things going on in my life I just put it aside.

another Mistake

Than came a single correspondence from a law firm in Oakland County in November 2006 stating there intent to take over the NCO case, what case? this document didn't even reference an account number.

A summons was very embarrassingly delivered to me at the end of March 2007.

To summarize where this stands now.

· I have responded to the summons and to each point in the claimants claim and have not received any response back.

· I have provided proof that the debt is no longer valid (Proof of payment) and have received no reply back.

· I have initiated steps to obtain even further verification of payment from the mortgage company that handled the payment. (will shortly have checked endorsed by Citibank)

· the exact same claim was made in 2005 and examined by an arbitrator and did not provide the claimant with any judgment.

· A pre-trial conference date has been set for approx 45 days from now, had been scheduled earlier, but I appealed to the court with a good excuse and the judge adjourned to the later date.

Edit:

forgot to mention something that might be important.

Proof attached to the summons was a photcopy printout from someone's database, seemed to be the collection firms.

The referenced account number matched that of the 2005 claim, but the

prin stated was different by several hundred dollars, interest listed seperately was more (expected), and very oddly they are trying to claim the last payment was made in 2004.

[Amerikaner83]

If I were you, I'd post this in the "lawyer in the house" forum...not here.

[ConfusedButLearning]

Thanks, I just did.. this is all so confusing.. I paid the stupid thing and the arbitrator agreed. How can they sue. whats really maddening is not one reply back.. I'm hesitant to contact them by phone, I want a paper trail.

[Amerikaner83]

Thanks, I just did.. this is all so confusing.. I paid the stupid thing and the arbitrator agreed. How can they sue. whats really maddening is not one reply back.. I'm hesitant to contact them by phone, I want a paper trail.

Good thinking about the paper trail.

[ConfusedButLearning]

Great forum, learning a lot.

Production has been performed - means they are trying to say that they provided verification? That was on the summons , but I did not know the terminology.

So they are saying there verification is a printout of a record from there data base, three of the blank fields on it are pre and post judgement interest , contact date, so I assume it came from a collection data base.

The principle doesn't match anything noted before

The last payment date is clearly wrong

About the only think that ties it to the current account is the original cc account number.

Verifcation, sure..

Can I request a full credit history..

Kind of irrelevant isn't it..

Because I never disputed the original debit, whats in dispute I guess is the lump sum to citibank.