IdWrknGrl

OC trial in 6 days, receive a letter that debt has been sold UPDATED!

Recommended Posts

First things first....three years ago I received my first collection letter and used this site to learn about debt validation.   They filed suit anyways, but I've managed to fight them off for 3 years with help from all of you!

 

I have battled and won 3 seperate MSJ's and now I'm getting ready for trial (I'm already prepared, just waiting for my date).

 

So here's something I wasn't expecting.  Today in the mail, I received a letter from an entirely new CA referencing the OC's account number and the original amount due.  They want me to respond immediately so they can "help" me.  Uh....... I'm pretty sure that AmExCent vs. IdWrknGrl has been on the docket since 2011.

 

WTH?  Obviously I'll respond, but does this mean that Amex is trying to collect DURING litigation?  Makes me wonder if BV80 was right all along and this debt was sold in 2010 to Zwkkr and they are pretending to be Amex.    Thoughts? 

 

This will be a great opportunity to write the world's best debt validation letter.

Link to post
Share on other sites

I bet he's right about zwicker.

 

I wonder how they can help you that's very nice of them wanting to help.

 

American Express does have arbitration.

 

The world's best debt validation letter is the one requesting arbitration with jams and requesting the money to pay for it from them.

Link to post
Share on other sites

I'm three years buried in this thing....pre-trial was this week, trial in Nov.  WHY would AmEx send this to collections UNLESS....

they didn't know Zwkkr was litigating.  That would explain why Amex keeps sending me offers for their "Valued Cardmembers".

Link to post
Share on other sites

I'm three years buried in this thing....pre-trial was this week, trial in Nov.  WHY would AmEx send this to collections UNLESS....

they didn't know Zwkkr was litigating.  That would explain why Amex keeps sending me offers for their "Valued Cardmembers".

 

   I'm so confused.   In your court case, who is the actual plaintiff?   Your credit report should be able to provide a lot of basic information such as when AMEX charged off the debt and when the JDB actually bought it.   If the JDB is pretending to be the OC, that could be very problematic for them if brought up before the court.

Link to post
Share on other sites

The plaintiff is AMEX in the court case.  Been going on since October of 2010! 

 

Why would Amex send this to a new CA when trial is 12 days away?

 

    Your situation is truly bizarre, none of that makes sense, nor that this case has been allowed to continue so long for some reason.   Someone is screwing up here, either AMEX is suing you for an account it no longer owns or the JDB is harassing you about an account that it does not own.    Something is definitely wrong.

Link to post
Share on other sites

This happened to us. OC still owns it. What happens is, that this OC likes to hop from CA to CA. With our case,the OC assigned the account to Zwk. Zwk couldn't sue in CO so used a local lawyer to sue in CO. While the case was in litigation, we got collection letters from a 3rd CA. We thought CA3 was somehow illegally trying to collect. Not so.

Local lawyer later admitted that the OC had recalled the account from Zwk and assigned it to the 3rd CA. All during that time, litigation continued while CA3 sent collection letters. The OC even sent settlement letters on behalf of CA3.

Needless to say, it was v. stressful and scary.

I will PM you info on where we went wrong with our case.

Link to post
Share on other sites

I just called AmEx on a blocked number.  I gave them the account number from their original cc number and had 3 different agents tell me that the account has been SOLD within the last month to Nationwide Credit, Inc.  They have no details on the account....nor do they have any idea if Zwicker has been informed about the debt being sold. 

 

Do I need to contact the Judge?

Link to post
Share on other sites

I think you need to contact a lawyer to see if you have a violation of state or federal law for which they could represent you on a contingency basis.  Here's one:  Call them.  There's no charge for a consultation.

 

http://owenscrandall.com/practice-areas-landing-page/consumer-protection/

 

 

   This.    In a situation such as this, I would definitely speak to an attorney because something is clearly off and if there's violations that occurred, there's plenty of consumer rights attorneys who would take the case on a contingency basis, meaning nothing out of your own pocket if the lawyer thinks the case is solid.

Link to post
Share on other sites

So here's the fun part....I work at a law firm.  I have taken this case on without much talk to my attorney bosses other than to borrow every book in their library and to ask a million vague questions.  And....I know that one of the partners follows my case closely on the docket because it tickles the hell out of him to see that the docket is a mile long with "Plaintiff's Motion for Summary Judgment-Denied" on there over and over. 

 

I guess it's time to get them involved.  It's now obvious to me why the appearance attorney showed up on Monday IN COURT in his grass-stained jeans and running sneakers.  They know the file has been sold and they kept litigating anyways. 

Link to post
Share on other sites

This just got even more weird....

 

1.  This debt has been sold by AMEXCNT to another collection agency.  They have verified it 9 different times via telephone with Amex's Fraud department.

I contacted the attorney for Amex and they said I'm wrong and just trying to get out of going to trial.  

 

2. The CA filed a Trial Memorandum yesterday that FINALLY gives the date that this card was opened.  And guess what?   It's off by YEARS compared with the previous documents filed by them.

 

So....last ditch question....

 

How do I go about letting the Judge know about these two things? 

 

Obviously, he needs to know that Amex doesn't own the debt. 

 

He also needs to know that I can prove that I was not only living in another state when this card was issued, but I was IN THE HOSPITAL!!!!  I have all the medical records that I'm copying right now. 

 

HELP!

Link to post
Share on other sites

@IdWrknGrl

 

It's possible that a new CA has been assigned to collect.   Hiring a CA to collect for the OC is not the same as selling an account to a JDB.

 

I didn't say they assigned it.....they SOLD it.  And the reason that they sold it was because after 3 years, they finally told me the date that this account was opened and I was

about to bring documentation that I lived and worked in another state during that time period.  They opened up a fraud investigation, closed it after 3 days and SOLD the account. 

 

But their "lawyer" (who is also a CA) is still suing. 

  • Like 1
Link to post
Share on other sites

@IdWrknGrl

 

You said that you were told by 3 different agents at AmEx that the account has been sold.  It's time to speak to someone at the firm where you work.  You have access to legal advice and should take advantage of that fact.

 

I know you said that AmEx is reporting on your CR and that they changed the account number.  I read somewhere that some credit card companies will change an account number of an account that's been charged-off.   However, if they've sold the account, "sold" or "transferred" should be reflected somewhere in the entry.

 

Also, check to see if AmEx is still updating.  If they're no longer updating, that could indicate the account was sold.  However, if the account was very recently sold, it would take at least a couple of months for you to notice that they're no longer updating.

  • Like 2
Link to post
Share on other sites

Well, it's an interesting story......

 

I didn't have to involve the attorneys at work because last Friday a big box arrived from the OC with all their trial exhibits.  Right on top was a Memorandum from the OC that FINALLY gave me the exact date that the account was opened for the very first time despite the fact that I asked them 5-6 times for the date the card was applied for and they couldn't provide it. 

 

The great thing about that date is this: I was able to prove exactly where I was during the months before and the 2 years after that date....in a completely different state.  I copied cell phone bills, utility bills, closing documents for my homes, and $100K in cancer treatment bills and I delivered them all to the court house that same day with copies to the OC's attorney.  Early Monday morning, it was dismissed.  

Link to post
Share on other sites
Guest
This topic is now closed to further replies.