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Sued by LVNV Funding LLC Jun 1st (Navy Fed CU) TX


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4 hours ago, Bulldoger said:

Is case filed under breach of contract?

Yes. I no longer have the contract or access to it. All I have is the first 2 pages of the ePromissory note, security agreement and disclosures LVNV sent.

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1 hour ago, Bulldoger said:

@Neri  this site will get you with a TX lawyer that can answer your queations about SOL , Is there any tolling added to 4 years in 2023 becasue of COVID? What is effect of $2 payment? etc  it is only $5. Seems woth it to verify you have gold plated affirmative defense in the SOL being expired

https://www.justanswer.com/sip/texas-law?r=ppc|ga|27|Law-SQR-Search-BMM|Legal-Texas|&JPKW=%2Bstatute of %2Blimitations in %2Btexas&JPDC=S&JPST=&JPAD=378946472305&JPMT=b&JPNW=g&JPAF=txt&JPRC=1&JPCD=&JPOP=&cmpid=18713477706&agid=151351474068&fiid=&tgtid=kwd-779938329010&ntw=g&dvc=c&gad=1&gclid=CjwKCAjw-vmkBhBMEiwAlrMeFwm0PKkJae-pnZnFrsM3rHiifRoWR8o9YjccnSENLqcHpamsF9rarhoCxewQAvD_BwE

 

Much appreciated, I'll definitely look into this next week.

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They are betting that the $2 bank transfer is a payment. 

Lots of arguements that was not a payment like you said you were only checking if account was active. 

Even if the $2 is found to be a payment it was applied to  Personal Loan, the auto loan is still past SOL. Argue that if part they are suing for is past SOL then whole suit is illegal and should be dismissed. 

then they can't refile as SOL have past.  

 

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I might add this to my argument:  Considering the amounts of the prior payments and the balance of the loan in May, 2019, one could not possibly construe an amount of $2.00 as a payment toward a balance of $39,376.79.  Also note, that the $2.00 transfer did not change that balance.

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2 hours ago, BV80 said:

Considering the amounts of the prior payments and the balance of the loan in May, 2019, one could not possibly construe an amount of $2.00 as a payment toward a balance of $39,376.79.

Much appreciated......I feel less overwhelmed.

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2 hours ago, BV80 said:

I might add this to my argument:  Considering the amounts of the prior payments and the balance of the loan in May, 2019, one could not possibly construe an amount of $2.00 as a payment toward a balance of $39,376.79.  Also note, that the $2.00 transfer did not change that balance.

I didn’t catch the fact that the loan amount didn’t change. 
 

This means a discrepancy in their records.  
 

I work in banking.  I won’t go into detail, but my job involves making sure bad software and bad records either don’t screw over customers or, more likely, making sure the customers are made whole.  Trust me that I have seen an aggregate of over $100 million in loans written off because of really bad records.  It would be illegal and unethical for me to go into more detail, especially to mention which bank. 
 

There have also been times, including right now, when I have had to put overtime to get an issue fixed with the Feds (usually the CFPB) breathing down out necks impatiently.  The CFPB hates bad bank records.
 

Back at the beginning of the Great Recession, when bank records were even worse, I got over $100,000 of my personal loans and CC loans wiped out due to bad records, and bad conduct by debt collectors.  At one point I asked an attorney on a phone call if he could explain a discrepancy in records. He said he couldn’t and agreed to drop a debt between $5k - $10k as long as I agreed to drop claims against the bank.  
 

I would contact their attorneys and really hammer the record discrepancy.  The alleged $2 payment which would hypothetically reset the SOL doesn’t match the complete lack of change in the balance.  This is either a computer error or outright fraud.  Propose a settlement with them— they agree to drop the case in exchange for you agreeing not to sue for fraud and other possible violations.  Be very calm and professional.  Note the discrepancy in a letter, and include the offer.  Note that the settlement agreement would include a provision that neither party admit fault.  
 

I think the attorney would be required to show the settlement proposal to the client. 
 

If you are dealing with ethical people or at least people who can see the bigger issue, you should get a settlement. If not, then hammer the discrepancy in court.  Note that their entire claim depends on the case not being SOL and their entire counter against the SOL argument is a record which is in discrepancy with their other records.  

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On 6/30/2023 at 8:30 PM, Neri said:

Original petition was filed 20 Jan 2023

I think a docket clerk marked last payment as the 2018 payment on Jan 11, 2019 for this case.  

I notice debt collectors love to file right before SOL runs out.  

many contracts specify 30 days past last payment as defualt date where SOL starts.  

So as long as case was filed before Feb 11, 2023 case would be within the SOL. 

They missed that the ACH fail to go through as spreadsheet doesn't show a drops close to 2K after that. 

 

BTW  what date do they have for last payment on the Autoloan?

 

 

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3 hours ago, Bulldoger said:

They missed that the ACH fail to go through as spreadsheet doesn't show a drops close to 2K after that. 

 

BTW  what date do they have for last payment on the Autoloan?

I could not afford to pay any debts past Sept 2018. They did not send me a spread sheet for the auto loan like they have for the personal loan, it made me start wondering if the $2 is really their game plan. I pulled my Transunion and Experian records and they show too much discrepancy with the auto. Lots of $7 payments and even payments after the Repo, I could not make sense of EXP but Transunion supports my narrative on both....Sept 2018.

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7 hours ago, Neri said:

I could not afford to pay any debts past Sept 2018. They did not send me a spread sheet for the auto loan like they have for the personal loan, it made me start wondering if the $2 is really their game plan. I pulled my Transunion and Experian records and they show too much discrepancy with the auto. Lots of $7 payments and even payments after the Repo, I could not make sense of EXP but Transunion supports my narrative on both....Sept 2018.

I would file a counterclaim (or amend my answer to include a counterclaim) for a violation of U.S. Code 15 §1692e(2)(A):

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2)The false representation of—

(A) the character, amount, or legal status of any debt.

The plaintiff has misrepresented the legal status of the loan.  By its filing of this lawsuit beyond the four-year limitation period, it has misrepresented that the debt is legally enforceable under §16.004(a) of the Texas Civil Practice & Remedies Code.  

 

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5 hours ago, BV80 said:

I would file a counterclaim (or amend my answer to include a counterclaim) for a violation of U.S. Code 15 §1692e(2)(A)

Truthfully thinking about it but yet to grow some balls, I just want them to go away and not bother me. I still pay more than enough in high interest rates  with these on my credit report. The consequence been LVNV will keep playing these games.

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