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Need to dispute w/cr's for a mortgage


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We received a summons in 05 from Legal Servicing [interestingly enough we were actually making payments on this account to the first JDB Chase sold the account to through CCCS] - our lawyer demanded a jury trial with strick validation in our answer [which is still in limbo on the docket] - never given a chance to DV - summons was the first we heard from them

Our lawyer requested discovery twice - nothing - nada - not even a peep from them -

Four years later we've been turned down for a mortgage because they posted on our credit report [even included the fees they are suing for in the balance they claim we owe]- our lawyer said - just write the CRA's and dispute it -said they never respond -it will be removed and we'd get the mortgage -

I'm not so sure they won't - they did update their entry in 7/06 well after they sent the summons and received our answer -

But we're gunna try - how do we dispute this with the CRA's? And by the way if I can ask does anyone know why this case just sits on the docket? Is it just backlogged or does their side have to move forward and do something?

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We received a summons in 05 from Legal Servicing [interestingly enough we were actually making payments on this account to the first JDB Chase sold the account to through CCCS] - our lawyer demanded a jury trial with strick validation in our answer [which is still in limbo on the docket] - never given a chance to DV - summons was the first we heard from them

Our lawyer requested discovery twice - nothing - nada - not even a peep from them -

Four years later we've been turned down for a mortgage because they posted on our credit report [even included the fees they are suing for in the balance they claim we owe]- our lawyer said - just write the CRA's and dispute it -said they never respond -it will be removed and we'd get the mortgage -

I'm not so sure they won't - they did update their entry in 7/06 well after they sent the summons and received our answer -

But we're gunna try - how do we dispute this with the CRA's? And by the way if I can ask does anyone know why this case just sits on the docket? Is it just backlogged or does their side have to move forward and do something?

sounds to me you have a lousy laywer, why didnt he compel discovery? most cases have a time limit or they are dismissed for lack of action,

does the CR show a Judgement? or just a collection? you could have your Atty CALL them and demand removal since they never followed thru with the law suit, or you can sue them for reporting "invalid " information to the CRA's..

wait a week or two for them to remove, then dispute with the CRA

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CA doesn't show a judgment on CR - CA added their lawyers fees, court costs, original amount plus the interest from their summons. They haven't been awarded those fees therefore they can't claim I owe them those fees - I would think they have misrepresented the character amount of the debt.

Also, Chase bought some of Providian's accounts in 2002 - mine was one of those - I didn't default until 11/03 - the CA however is reporting this as a Providian account not as a Chase account - they've done the same on the summons - I could direct them to the Chase account which is also on my CR --

I'm so new at this - but is this enough - this is what I have so far -

dah dah

dah dah account

To Whom It May Concern,

I recently sought pre-approval for a mortgage. I was denied as a result of the above referenced account which you have reported on my credit report.

1) This account
has been in dispute since Oct 05
- as
CA has failed to validate
the above referenced account
by providing any documentation
, to myself or to my lawyer, showing my liabilty on this account. This matter is pending trial.

2) CA has also
wrongly posted this as a Providian account
. The account number belongs to a Chase account which is also posted on my credit report.

3) CA has also
misrepresented the character amount of my debt
by adding fees which
they have not been awarded by a court
, [i.e lawyer fees, court costs etc] which is a violation of the FDCPA (I need to look up and quote it).

Therefore, I request that this account be removed from my credit report immediately.

Thank you for your consideration in this matter.

Sincerely,

sighs........Or am I way off?

as for my lawyer - he's an excellent lawyer - however - I won't lie - I'm a little baffled why he did not handle this for me myself....he's demanded discovery twice - the CA never provided the court proof they owned the debt - just attached a providian print out of their terms - they had no clue I was paying on this debt - and when they found out they kind of went ooooops oh poop not a dead beat debtor - we haven't heard from them since and my case just sits in limbo on the docket - which no one explains - 4 years is a long time to wait - does any one know if this is normal?

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CA doesn't show a judgment on CR - CA added their lawyers fees, court costs, original amount plus the interest from their summons. They haven't been awarded those fees therefore they can't claim I owe them those fees - I would think they have misrepresented the character amount of the debt.

Also, Chase bought some of Providian's accounts in 2002 - mine was one of those - I didn't default until 11/03 - the CA however is reporting this as a Providian account not as a Chase account - they've done the same on the summons - I could direct them to the Chase account which is also on my CR --

I'm so new at this - but is this enough - this is what I have so far -

dah dah

dah dah account

To Whom It May Concern,

I recently sought pre-approval for a mortgage. I was denied as a result of the above referenced account which you have reported on my credit report.

This action has Cause me XX in Damages( cant get credit, mortage ect..

1) This account
has been in dispute since Oct 05
- as
CA has failed to validate
the above referenced account
by providing any documentation
, to myself or to my lawyer, showing my liabilty on this account. This matter is pending trial.

**Remove Pending Trial,,its dead in the water right now

2) CA has also
wrongly posted this as a Providian account
. The account number belongs to a Chase account which is also posted on my credit report.

3) CA has also
misrepresented the character amount of my debt
by adding fees which
they have not been awarded by a court
, [i.e lawyer fees, court costs etc] which is a violation of the FDCPA (I need to look up and quote it).

The fine is 1000.00 payable to me

Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus Consumer protection afforded by the FDCPA FDCPA Section 809 (B),

If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus Protection under the FDCPA FDCPA

Section 807(8) $1,000

Misrepresentations by the collector about

themselves or the debt

are actionable regardless

of intent Protection under the FDCPA Gearing v. Check Brokerage Corp

Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990) $1000

Creditors if they report your credit history inaccurately Defamation, financial injury US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan Extent of damages incurred by the wronged party as deemed by the courts

Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus Protection under the FCRA FCRA

Section 623. $1,000

FTC opinion letter Cass from LeFevre

$1,000

Therefore, I request that this account be removed from my credit report immediately.( hey you can add also send me $$ for your violations)

Thank you for your consideration in this matter.

Sincerely,

sighs........Or am I way off?

as for my lawyer - he's an excellent lawyer - however - I won't lie - I'm a little baffled why he did not handle this for me myself....he's demanded discovery twice - the CA never provided the court proof they owned the debt - just attached a providian print out of their terms - they had no clue I was paying on this debt - and when they found out they kind of went ooooops oh poop not a dead beat debtor - we haven't heard from them since and my case just sits in limbo on the docket - which no one explains - 4 years is a long time to wait - does any one know if this is normal?

check with the court it may have been closed due to lack of action,if NOT motion to dismiss due to same get w /prej i added the "violations above for you. get a letter from you lender saying because of thier actions you cant get a loan, its "damages" and you can sue them for such..

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Awesome - thank you so much for your answers - they were so helpful and I think I have my letter ready - however before I polish it and post it - can I get some clarity -

By answering the summons and demanding strict validation - can I still legally claim this debt has been disputed?

Also - am I legally on sound ground - that - I did not have a Providian account?

I can't find anything online to support my claim that once Chase bought my Providian account in 2002 - it was no longer a Providian account - therefore can they come back and say that it began as a Providian account - was bought by Chase and could legally be referred to as either? none of my other accounts which had been bought out through the years had this issue.....I notice others have this same issue concerning Providian and Chase, or Providian WaMu and Chase - but no one answers the question whether Providian can be even connected to the account after they sell it.

Thank you again for all your help - I want to make sure I understand the arguments and have not read into them or misapplied them - which is easy for us newbie's - rights the average American thinks they have - many times we do not legally have - in a perfect world we would - but not in this one.....

Look forward to your answers -

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Awesome - thank you so much for your answers - they were so helpful and I think I have my letter ready - however before I polish it and post it - can I get some clarity -

By answering the summons and demanding strict validation - can I still legally claim this debt has been disputed? YES, & YES

Just by by asking they "prove" the debt is a dispute

dispute= when you Disagree on something, or conflicting sides,, ect

Also - am I legally on sound ground - that - I did not have a Providian account?

If you dispute you NEVER had a Providian account, Yes

I can't find anything online to support my claim that once Chase bought my Providian account in 2002 - it was no longer a Providian account - therefore can they come back and say that it began as a Providian account - was bought by Chase and could legally be referred to as either? none of my other accounts which had been bought out through the years had this issue.....I notice others have this same issue concerning Providian and Chase, or Providian WaMu and Chase - but no one answers the question whether Providian can be even connected to the account after they sell it.

Let me make sure, Provid, bought by chase?

chase may say " account was known PRIOR to merge/ being bought ect as a Providian account, now listed as X Chase account

yes they can be connected, they aquire all the records accounts that go with the Purchace

Think of Ford, who now sells, mazda and honda and porche and 10 others,

just because you bought a mazda wont mean ford wont sue you for the loan,,BUT it should say on a "mazda car loan" Owned BY ford

Thank you again for all your help - I want to make sure I understand the arguments and have not read into them or misapplied them - which is easy for us newbie's - rights the average American thinks they have - many times we do not legally have - in a perfect world we would - but not in this one.....

Look forward to your answers -

hope this helps

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I guess my argument becomes I did not default with Providian.

My account was in good standing when Chase purchased my account in 2002. Slip in some copies of my Chase statements to show my account was in good standing until 11/03 when I defaulted - on Chase.

Send them a copy of the summons to prove that they have added in lawyer fees and court costs to the default amount of the debt which is a violation of the FDCPA as they have NOT been awarded them by any court.

Send in my lawyers letters proving we demanded strict validation - not once but twice. Therefore this debt was disputed and point out that at the very least CA has failed to report that

List the violations and pray they remove it

Again thanks for all your help - it's really appreciated!!!!

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I read a bit of your post until you appeared to be writing a letter to the CA stating you were trying to get approved for a mortgage.

DO NOT DO THIS!!!!!

The CA will keep this info on your report because they know you will want it off to get approved.

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I decided to keep it simple - I pray you are near by to make any corrections. I tried to keep the fact this is dead on the docket out of this - but the proof they never validated was sitting on the docket.

To Whom It May Concern,

As you know reporting information one knows to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s - Therefore - I would like to request that the above referenced account be deleted from my credit file and removed from my CR for the following reasons -

CA has failed to report that this account was disputed in October 2005. This is a violation of the FDCPA Section 807(8) which forbids collection agencies from “Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.”

CA has failed to produce documentation that would validate the debt as requested by my Lawyer in October 2005. Therefore, collection agencies that have not validated a debt and still continue to report to the credit bureaus are in violation the FDCPA Section 809(B).

See enclosed :

  • Answer to Summons from my Lawyer to CA demanding strict validation of the debt.

  • Request for Documentation

  • Docket print out which shows CA has willfully refused to validate this debt.
  • Docket can also be viewed online at

Again, CA has failed to validate the above reference debt, therefore, I request that it be removed from my credit file in accordance with the FDCPA and removed from my credit report.

Thank you for your help in this matter.

Sincerely

:confused:

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thank you for all your help - both houses we were looking at went under contract two days ago - one of their realtors keeps trying to get us to bid and offer full price on the one I really want - contingent upon the CRA's decision -

Our lawyer says JDB'ers never answer when you dispute with the CRA - I wish I knew that was true - we'd put in a bid - but we don't want to gamble and cause someone to lose a sale and then not have this removed...that would be wrong - so for now - we're in the dumps - and three to four weeks seems like a life time -

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they replied the same day they received it - they refused to remove it .... :(

what you can try, give your lender a copy of your letter, copy of what letters your atty sent them, letter explaining why you dont owe the debt( in your own words) & get a letter from the court saying the case was dismissed/& print outs

or file a ID theft as a last resort, it will take about 2 weeks to fall off, But then you will have a Fraud Alert on your CR, you can get the form at the FTC site, give a copy to your lender, lenders usually can re-score you with the new information,I so sorry it been such a pain,

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.........we were actually making payments on this account to the first JDB Chase sold the account to through CCCS?

When did you last make a payment to the JDB and on what basis? Presumably you admitted the debt or you would not have made payments :confused:

I am concerned therefore that you reset the SOL clock and they may in fact be reporting correctly if that is the case. Unless I have misinterpreted what you have said?

What is the status of the lawsuit? Something happened to it, they don't just sit there in limbo forever.

Was it dismissed with/without prejudice, summary judgement obtained, struck off, what exactly?

The SOL is GA is 4 years but from the timeline you have given and the statement that you were making payments to a JDB then it seems there is a possibility that it may be able to stay on your report for quite some time yet :dunno:

My view for what it is worth is that the providan/chase thing is a red herring in effect as it is a non issue; it will have been covered in the successor in title settlement of the contract of sale and be provided for in the original credit card contract as a boilerplate Terms & Conditions clause.

What did your lawyer do/tell you about the lawsuit? He can not have simply disappeared without telling you anything or he would be looking at abandonment of client/malpractice. There are several pieces of this puzzle that seem to be missing which would allow us to take an educated guess at establishing a suggested best course of action. Without them frankly, it is like stumbling in the dark and could send you on the wrong course. As always, others may take a different view.

Edited by newryman
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