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			<title>opions on my MSJ</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298868&amp;goto=newpost</link>
			<pubDate>Mon, 16 Nov 2009 01:55:52 GMT</pubDate>
			<description><![CDATA[Ok. Here's what I've come up with. Any suggestions for better wording or formatting would be greatly appreciated.  
(also as a side note, in the...]]></description>
			<content:encoded><![CDATA[<div>Ok. Here's what I've come up with. Any suggestions for better wording or formatting would be greatly appreciated. <br />
(also as a side note, in the event that the MSJ is denied I will be submitting a MTC and objections)<br />
<br />
Please take notice that on [date], or as soon thereafter as the matter can be heard in the State Court of _____, the Defendant, appearing pro se, moves the Court for summary judgment in favor of the Defendant and against the Plaintiff on the grounds that the action has no merit. The Plaintiff has no evidence as to any material fact, Documents provided by the Plaintiff are general in nature &amp; show no evidence that the documents are in any way related to the Defendant or the alleged debt and the Plaintiff has contradicted the claims made to the Defendant and filed with the court in regards to this case and the alleged claim.<br />
This motion will be based on the memorandum of points and attachments filed with this motion<br />
<br />
Memorandum of points:<br />
1. Defendant has requested of the Plaintiff on the following occasions that they present documents that would verify and validate the alleged debt:<br />
-	Defendant’s response to the Plaintiff’s Summons and Complaint on a Contract. (Refer to Attachment A)<br />
-	Defendant’s response to the Plaintiff’s Request for Admissions and Interrogatories (Refer to Attachment B)<br />
-	Defendant’s request for production of Documents. (Refer to Attachment C)<br />
Plaintiff has failed to provide any document to the Defendant that verifies and proves the validity of the alleged debt.<br />
<br />
2. Defendant has requested of the Plaintiff in the Defendant’s Request for Admission of Fact #5 “Plaintiff does not have a copy of a contract or agreement with the Defendant’s signature”<br />
<br />
Plaintiff responded: “Denied”<br />
<br />
Plaintiff then responded to the Defendant requested in the Defendant’s First Interrogatories to Plaintiff #2 “If the Plaintiff denied or answered negatively any of the attached Requests for Admissions of Fact, please explain each denial or negative answer individually and identify the facts that support the Plaintiff’s denial or negative answer.” with the blanket statement for all negative responses “…The Plaintiff has requested, or will request additional information and documentation from the original creditor, and will supplement this response with any relevant, non-objectionable information and documentation when received.”<br />
<br />
SUMMARY: The Plaintiff has contradicted themselves by denying they did not have a copy of a contract or agreement with the Defendant’s signature then stating that they had requested or would be requesting the information from a 3rd party, the alleged original creditor. If the Plaintiff were in possession of the alleged contract or agreement the documents would not have to be requested from a third party.<br />
<br />
3. Defendant has requested in the Defendant’s First Interrogatories to Plaintiff #4 to the Plaintiff “Identify all documents to be used as evidence in support of Plaintiff’s claim that the Defendant owes a principal balance of $$$  as alleged in the Plaintiff’s complaint…”<br />
<br />
Plaintiff responded to the Interrogatory with “…The Plaintiff has requested, or will request, additional information and documentation from the original creditor, and will supplement this response with any relevant, non-objectionable information and documentation when received.<br />
<br />
SUMMARY: The Plaintiff does not have any documentation as evidence in support of the Plaintiff’s claim  that the Defendant owes a principal balance of $$$ as alleged in their complaint. If the Plaintiff were in possession of any such documentation the documentation would not have to be requested from a third party, the alleged original creditor.<br />
<br />
4.Defendant has requested in the Defendant’s First Interrogatories to Plaintiff #8 to the Plaintiff “State how the alleged account came into the Plaintiff’s possession.”<br />
<br />
Plaintiff responded to the Interrogatory with “…The Plaintiff has requested, or will request, additional information and documentation from the original creditor, and will supplement this response with any relevant, non-objectionable information and documentation when received.<br />
<br />
SUMMARY: The Plaintiff is not aware of how the alleged debt came into their possession. If the Plaintiff had details and documents to verify and support the validity of the alleged debt and how it came into their possession the information would not have to be requested from a 3rd party, the alleged original creditor. <br />
<br />
5. Plaintiff responded to the Defendant’s First Request to Produce Documents to Plaintiff with the following:<br />
•	“Plaintiff responds that it has supplied herewith a copy of the contract between parties and the assignment documents from the original creditor to the Plaintiff.”<br />
<br />
The referenced contract between parties and assignment documents mentioned by the Plaintiff are general and show no connection to the Defendant or the alleged account which the Plaintiff claims exists. (see Attachment D)<br />
<br />
•	“Original applications are only maintained pursuant to Federal regulations for a period of 25 months. Original sales receipts are maintained by the individual merchants from whom the purchases on the card were made.”<br />
<br />
The Plaintiff denied the Defendant’s Request for Admission of Fact #5 “Plaintiff does not have a copy of a contract or agreement with the Defendant’s signature” The response to the production of documents is a clear contradiction to the Plaintiff’s denial.<br />
<br />
•	“ Any other account documents that were sent to the Defendant by the original creditor have been requested from the archives of that creditor. Plaintiff will supplement these responses with any such documents which t receives therefrom. Plaintiff responds that it is investigating and requesting additional documents, and if they are supplied to Plaintiff’s counsel, Plaintiff will supplement these responses with any such documents when they become available as long as the information is relevant and non-objectionable”<br />
<br />
This statement supports evidence that the Plaintiff does not have any documentation to support their claim against the defendant. If the Plaintiff was in possession of such documentation they would not have to request the information from a 3rd party, the alleged original creditor.<br />
<br />
6. The Plaintiff has further provided contradicting information to the Defendant as well as the Court in the following manner:<br />
<br />
The Defendant has requested of the Plaintiff in the Defendant’s Request for Admission of Fact #1 “The Law Office of XYZ is a debt collection agency as defined by both Federal and State law, and as such, is subject to statutes and penalties for violations of the Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA)”<br />
<br />
Plaintiff responded: “Denied”<br />
<br />
In Plaintiff’s Complaint on a Contract filed with the court on July 25th 2007 signed by Attorney #1 of XYZ it states “This is a communication from a debt collector”<br />
<br />
In Plaintiff’s Complaint –First Amendment signed by Attorney #2 of XYZ states “This is a communication from a debt collector”<br />
<br />
In Plaintiff’s letter to the Clerk of the Court filing the Plaintiff’s Certificate of Service of Request for Admissions of Fact and Discovery signed by Attorney #3 of XYZ it states “This communication is from a debt collector”<br />
<br />
SUMMARY On 3 occasions, documents prepared and signed by lawyers XYZ have stated that the communication is from a debt collector but they denied in admissions as being such.</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177">Is There a Lawyer in the House</category>
			<dc:creator>mhutch</dc:creator>
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			<title>VA Loan interest rates</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298867&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 23:17:42 GMT</pubDate>
			<description><![CDATA[I'm in the process of getting a VA home loan. I'm trying to find where online I can get interest rates like you can with FHA and other types of...]]></description>
			<content:encoded><![CDATA[<div>I'm in the process of getting a VA home loan. I'm trying to find where online I can get interest rates like you can with FHA and other types of mortgages. My lender (Prospectus) has me at 5.25 currently, but that was 2 weeks ago and since then most other rates have gone down and my lender is not giving me any new rates. I'd like to lock down a good rate.</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=179">Mortgages</category>
			<dc:creator>Budman101</dc:creator>
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			<title>How to deal with these thugs</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298866&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 21:24:26 GMT</pubDate>
			<description><![CDATA[Received a call in early August 2009 from a DC located in TX demanding an immediate payment on a debt that I don't recognize a valid debt (landlord...]]></description>
			<content:encoded><![CDATA[<div>Received a call in early August 2009 from a DC located in TX demanding an immediate payment on a debt that I don't recognize a valid debt (landlord wanted me to pay for carpet that was stained by his painter 2 months after I vacated the apartment). Within a week I disputed the DC claim via certified mail (have all the proves) and asked to stop calling me. I checked my credit report yesterday and found the collection reported with no mention that this is in dispute. I am just trying to figure out my next step. I can clearly see the following FDCPA voilations in this situation;<br />
<br />
1)1692(g); DC failed to provide me 30 day validation notice. I never recieved dunning notice from this DC which by law need to be sent within 5 days of first contact. (My evidence: None)<br />
<br />
2)1692g(B) which requires DC to cease collection efforts untill debt is validated. Collector received my dispute letter asking for &quot;provide me with the evidence of me owing and agreeing to this debt&quot;. I never received a single letter from DC. Instead of ceasing their collection efforts as per law, they are coninued to reporting this un-validated debt to Credit B's. Latest update on this claim was dated October 2009. (My evidence: My dispute letter with receipt showing that letter was received in DC office in August and my current credit report showing update of collection reported in October 2009)<br />
<br />
3)1692e(8) which requires DC to properly communicate that a debt is disputed. DC received my dispute letter but they never communicated any CB that the debt is in dispute. (My evidence: My dispute letter sent in August and my current credit report showing last collection reported in October)<br />
<br />
Here are my questions:<br />
<br />
1) At this point only evidence I have is my dispute letter, vertified mail receipt, DC rep signed return receipt, my current credit report.  #2 &amp;3 above can be supported by this evidence but not sure how to document #1 as DC can claim lost mail. Based on your experience, would you consider this sufficient evidence of above voilations? should I try to pile up more evidence? If yes, how to do that?<br />
<br />
2) I will dispute DC claim with Credit B's (although I'm sure it will come back verified as Credit B's dont really investigate anything). Is there any way I can make my Credit B dispute more meaningful. Any suggestions/sample letter link?</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=174">Collections</category>
			<dc:creator>bholeyr</dc:creator>
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			<title>Need Help On This</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298865&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 17:48:12 GMT</pubDate>
			<description>Here is my story-Back in 2007 I did an online payday loan(CheckN Go)I made 3 payments and then had a stroke and went on disability.I forgot about...</description>
			<content:encoded><![CDATA[<div>Here is my story-Back in 2007 I did an online payday loan(CheckN Go)I made 3 payments and then had a stroke and went on disability.I forgot about this until end of September this year.Got a call from a guy and he said&quot;I am not a collector,I am a processor&quot;,Do you have a Criminal Attorney.I see that you have no record in D----County.I thought I would give you a chance to pay this CNG account off.I never received any letters from the OC and my Email address from 2007 quit working in 2008 so I got a Yahoo account.The OC probably tried to contact me through the old Email account?Anyway it scared me and I gave him my checking account #.Agreed to $100. in sept,$200 in oct and $800 in nov.Original loan was $1000 and I believe I had paid $600 back in 07?I decided today to investigate a little bit and now I find out about validation.Never received anything from this person or the OC.All I know is he said his name was Edward Harwell-1-832-384-9150,the gal in accounting gave me-1-407-550-0371 and the # on my bank statement is 1-866-618-5731.Did a reverse lookup and one # is Texas,one is Florida and one is NY.Does anyone know what is going on?NCW(National Credit Works)He called again last Thursday when I was at the doctor,GF answered and she asked him what it was for and he told her&quot;Bounced Checks&quot;Final payment is due Wednesday and I was thinking on calling my bank and doing a stop payment on this,until he validates.He would not give me a mailing address and said he would Email me.Have not had any Emails either,nothing!</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=174">Collections</category>
			<dc:creator>gorper999</dc:creator>
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			<title>Recend federal case law citing jdb affidavits as not legal</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298864&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 17:20:42 GMT</pubDate>
			<description><![CDATA[Pertaining to Midland Funding. Found this interesting article on the net. It's pretty recent and may help all of us currently fighting these type of...]]></description>
			<content:encoded><![CDATA[<div>Pertaining to Midland Funding. Found this interesting article on the net. It's pretty recent and may help all of us currently fighting these type of scum. <b>Does anyone by chance have the actual case law title to this or know where to find it?</b><br />
<br />
&quot;U.S. District Court Judge David Katz ruled that the commonly used affidavit submitted by one of the nation's biggest debt collectors to collect $4,100 from Mrs. Schwarzentraub — and the debts of many others — was not legal. <br />
<br />
Judge Katz issued an injunction against the company (Midland), throwing into question thousands of collection lawsuits across the nation that used the affidavits to collect outstanding debts.<br />
<br />
In a tersely worded rebuke of Midland Funding LLC and Midland Credit Management Inc. — subsidiaries of Encore Capital Group Inc. of San Diego — Judge Katz found that clerks at Midland Credit had, as a practice, signed affidavits stating that the individual clerk had “personal knowledge” of the debt being collected when they did not possess such knowledge, and that who signed the affidavit, upon which the company's collection lawsuits are based, was “an entirely random act” based solely on when the affidavit came off the company's printer.&quot;<br />
<br />
&quot;Mrs. Schwarzentraub's lawyer, Dennis Murray, Sr., of Sandusky, petitioned Judge Katz last month to certify his client's case as a class action against Midland and Encore's other affiliates.&quot;<br />
<br />
<br />
Entire article can be found at:<br />
<br />
<a href="http://toledoblade.com/apps/pbcs.dll/article?AID=/20091004/BUSINESS07/910039966/0/BUSINESS" target="_blank">http://toledoblade.com/apps/pbcs.dll...966/0/BUSINESS</a></div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177">Is There a Lawyer in the House</category>
			<dc:creator>Baggins</dc:creator>
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			<title>Can a Pro se defendant hire an attorney at any point in a lawsuit?</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298863&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 16:57:58 GMT</pubDate>
			<description><![CDATA[I'm in NC and have answered the original summons but not the discovery. I filed a graduated denial as well.  
 
The plaintiff's attorney has finally...]]></description>
			<content:encoded><![CDATA[<div>I'm in NC and have answered the original summons but not the discovery. I filed a graduated denial as well. <br />
<br />
The plaintiff's attorney has finally sent me the entire account history but at the same time filed a motion for summary judgement on the basis that there is no material fact that counters their claim (she also had a second bank employee sign an afidavit different from the person on the original summons). <br />
<br />
At the same time she entered my bank account records (complete with my wife's name who is not a party to this suit) address, social security number etc. into the public record. In the local rules it says that discovery can go on up until the actual trial itself. <br />
<br />
Now that I have the entire account history I have access to the records that show that a teller working at the bank did a manual override on a large counter check that put the account way over and caused multiple NSF's (that otherwise would have been covered by the amount in there). I specifically asked the teller to make sure it was good and he checked the account then did the override. He has since left the banking industry. They would not refund the amount or take any action whatsoever. I felt like that was done in bad faith and willfully to run up fees. <br />
<br />
Can I hire an attorney to take over this late in the game (motion hearing is next Friday)?<br />
<br />
If so, should I ask for a continuence based on that? Or on what other basis could I ask? <br />
<br />
Or should I just go ahead and answer their discovery and put the former teller and manager who dealt with it (or rather who would NOT do anything about it) on a witness list? <br />
<br />
Can I request arbitration (in NC all cases inder 10k are automatically considered)?</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177">Is There a Lawyer in the House</category>
			<dc:creator>floridamike</dc:creator>
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			<title>My Cap one case</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298862&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 16:50:46 GMT</pubDate>
			<description>I elected arbitration about a month ago. I have a copy of the card holder agreement but did not attach it and instead demanded the Plaintiff produce...</description>
			<content:encoded><![CDATA[<div>I elected arbitration about a month ago. I have a copy of the card holder agreement but did not attach it and instead demanded the Plaintiff produce a copy of the contract for me and the court.<br />
<br />
Yesterday's mail brought me, a Motion for Summary Judgment, Statement of Fact, Proposed Court Order and Breakout of all attorney fees along with AZ cases that support the Attorney being able to recover all attorney fees in debt collection cases. He is billing at $500 per hour and claims 22 hours of his time.<br />
<br />
My motion to compel arbitration has been ignored as well as my election for private arbitration.  It hasn't been disputed either.<br />
<br />
How do I respond to this?</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177">Is There a Lawyer in the House</category>
			<dc:creator>malinrott</dc:creator>
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			<title>Late and incomplete O/C dispute investigation!</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298861&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 15:36:08 GMT</pubDate>
			<description>Can I take them to court to have this removed?</description>
			<content:encoded><![CDATA[<div>Can I take them to court to have this removed?</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=173">Credit Repair</category>
			<dc:creator>yyzjohn</dc:creator>
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			<title>Sue $1000 (FCRA) for late/no dispute response?</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298860&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 15:34:38 GMT</pubDate>
			<description><![CDATA[I'm thinking about suing my O/C for a late/incomplete dispute response. Should I sue for injunctive relief of money owed? Also, do I have a case for...]]></description>
			<content:encoded><![CDATA[<div>I'm thinking about suing my O/C for a late/incomplete dispute response. Should I sue for injunctive relief of money owed? Also, do I have a case for FRCA violation if I can show the dispute resolution was made late and not investigated completely?</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177">Is There a Lawyer in the House</category>
			<dc:creator>yyzjohn</dc:creator>
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			<title>Constructing an answer with no complaint</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298859&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 15:02:32 GMT</pubDate>
			<description><![CDATA[Hello All, 
 
I've been reading through these threads about how to construct the answer to my summons.  Right now I'm at a loss because many of the...]]></description>
			<content:encoded><![CDATA[<div>Hello All,<br />
<br />
I've been reading through these threads about how to construct the answer to my summons.  Right now I'm at a loss because many of the answers I have found here are in response to a complaint.  I only received a summons with a very simple statement similar to this one posted by Survival in another thread:<br />
<br />
&quot;goods,services,arbitration award,or monies advanced or loaned to Defendants for which payment has not been recieved as evidenced by the sworn account attached hereto in the sum of $xxxx plus interest at rate of xx% APR,attorney fees if provided by contract &amp; the costs of this action&quot;<br />
<br />
The only other thing attached was an affidavit by a Cap 1 employee or associate.  <br />
<br />
One thing I've considered doing is filing a sworn denial as this will nullify the affidavit they attached.  I'm also interested in including the arbitration route and to question SOL in VA (where Cap 1 is) where I believe SOL have to run out (last payment I recall was in 2006).  <br />
<br />
When I question SOL do I specifically mention VA even though I'm in TN?  Or do I bring that up at the court?  <br />
<br />
I also want to challenge their lack of producing a contract or card member agreement.  BUT in TN there is no discovery, so it's very unclear what is required.  Someone suggested I need to look into what state law requires them to send with the summons.  So far, I have found nothing concrete about what is required, and in searching this forum I see at least 2 other people who have gotten the exact same things I've gotten in this state.  Thus far, it would seem TN is not a consumer friendly state as it does not allow for discovery and other things.  <br />
<br />
Any help you guys can offer would be greatly appreciated.  I want to get this answered this week, as Thanksgiving is sure to slow things down.  <br />
<br />
Also, if anyone knows how I can get the date to appear in court moved, that would be a big help.  I have a major exam that day that can't be missed.  I think I have to go to the courthouse and ask based upon my research so far.  My county has zero resources online.  It's so frustrating.</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177">Is There a Lawyer in the House</category>
			<dc:creator>fedup1101</dc:creator>
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			<title>Unwarranted chargeoff?</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298858&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 13:41:58 GMT</pubDate>
			<description>Hello: 
 
I was an authorized user of a Bank of America (originally MBNA, I believe) VISA credit card account held by someone who died in December,...</description>
			<content:encoded><![CDATA[<div>Hello:<br />
<br />
I was an authorized user of a Bank of America (originally MBNA, I believe) VISA credit card account held by someone who died in December, 1999. I continued to use the card for some time, but eventually it was closed with an outstanding balance; I verbally accepted responsibility for the balance on the card when I informed them of the primary user's death.<br />
<br />
My most recent statement, dated 9/8/2009, from B of A shows a balance of $7802.99 with a minimum payment due on 10/5/09 of $160.00. I paid $162.99 on 10/1/09.<br />
<br />
I have continued to pay down this balance ever since, never being late - not even once!  I recently received a letter - dated October 14, 2009 -  from Chris Mokris in the Estate Department of FIA Card Services letting me know that: 1) account number was being changed, and 2) that I would no longer receive a monthly statement, just a confirmation letter sent out after each payment. I have since made a payment of $175.00 on 11/1/09 to the new account number and have scheduled another $175.00 to be paid on 12/1/09.<br />
<br />
On or about November 5th of this year I received a call from the &quot;estate department&quot; telling me that &quot;I no longer was responsible for the account&quot;, that &quot;interest would no longer be charged&quot; and that &quot;I was no longer responsible for paying for the account&quot;. Unfortunately I did not note exactly who called. I thought this an odd call, but so be it - I intended to continue paying.<br />
<br />
On November 9th I received an email from Equifax's credit monitoring system informing me of a &quot;change to an existing account&quot;. Logging in I discovered that the account has been changed to a &quot;charge off&quot; and my credit score has dropped 90 points! I was stunned, as the 7-year history of the account shows having NEVER been late on a payment!<br />
<br />
Although I have disputed the information on my credit report (and Equifax's investigation is ongoing), I simply need to know: Can they simply charge off the account and report it as a bad debt? Do I continue paying? Should I raise further disputes and with whom?<br />
<br />
Thank you in advance for your kind consideration.<br />
<br />
Steve</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=175">Credit Bureaus/Reports/Scores</category>
			<dc:creator>spcran4d</dc:creator>
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			<title>Unwarranted / illegal charge off?</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298857&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 13:40:47 GMT</pubDate>
			<description>Hello: 
 
I was an authorized user of a Bank of America (originally MBNA, I believe) VISA credit card account held by someone who died in December,...</description>
			<content:encoded><![CDATA[<div>Hello:<br />
<br />
I was an authorized user of a Bank of America (originally MBNA, I believe) VISA credit card account held by someone who died in December, 1999. I continued to use the card for some time, but eventually it was closed with an outstanding balance; I verbally accepted responsibility for the balance on the card when I informed them of the primary user's death.<br />
<br />
My most recent statement, dated 9/8/2009, from B of A shows a balance of $7802.99 with a minimum payment due on 10/5/09 of $160.00. I paid $162.99 on 10/1/09.<br />
<br />
I have continued to pay down this balance ever since, never being late - not even once!  I recently received a letter - dated October 14, 2009 -  from Chris Mokris in the Estate Department of FIA Card Services letting me know that: 1) account number was being changed, and 2) that I would no longer receive a monthly statement, just a confirmation letter sent out after each payment. I have since made a payment of $175.00 on 11/1/09 to the new account number and have scheduled another $175.00 to be paid on 12/1/09.<br />
<br />
On or about November 5th of this year I received a call from the &quot;estate department&quot; telling me that &quot;I no longer was responsible for the account&quot;, that &quot;interest would no longer be charged&quot; and that &quot;I was no longer responsible for paying for the account&quot;. Unfortunately I did not note exactly who called. I thought this an odd call, but so be it - I intended to continue paying.<br />
<br />
On November 9th I received an email from Equifax's credit monitoring system informing me of a &quot;change to an existing account&quot;. Logging in I discovered that the account has been changed to a &quot;charge off&quot; and my credit score has dropped 90 points! I was stunned, as the 7-year history of the account shows having NEVER been late on a payment!<br />
<br />
Although I have disputed the information on my credit report (and Equifax's investigation is ongoing), I simply need to know: Can they simply charge off the account and report it as a bad debt? Do I continue paying? Should I raise further disputes and with whom?<br />
<br />
Thank you in advance for your kind consideration.<br />
<br />
Steve</div>

<img src="http://feeds.feedburner.com/~r/TheCreditInfoCenterForums/~4/S2Gn2KM5MOM" height="1" width="1"/>]]></content:encoded>
			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=177">Is There a Lawyer in the House</category>
			<dc:creator>spcran4d</dc:creator>
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			<title>made one car payment, then totalled it.</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298856&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 07:12:28 GMT</pubDate>
			<description><![CDATA[and it is showing that I still owe over $3,000 on eq. (I have not received the other 2 cr's yet, must call and get them by snail mail...)  
 
I had...]]></description>
			<content:encoded><![CDATA[<div>and it is showing that I still owe over $3,000 on eq. (I have not received the other 2 cr's yet, must call and get them by snail mail...) <br />
<br />
I had full coverage insurance at the time, do not recall even being offered GAP insurance from the lender (buy here, pay here place.) I had contacted the lender before and asked them to prove where I had declined GAP insurance and never heard from them till seeing them on my cr.<br />
<br />
Info:<br />
CA:Commercial acceptance company<br />
OC:Reliance finance company<br />
opened 5/05<br />
reported since 7/05<br />
date of status 7/05<br />
last reported 7/05<br />
<br />
Original amount: $3029<br />
Recent balance:$3,180 as of 7/05<br />
<br />
SOL in pa is 4 years.<br />
<br />
Do I ask them (ca) to validate it first? (after receiving my other 2 cr's)<br />
Also, I do have 2 other accounts with this ca. Will that make a difference in how (or when) I handle this one?  <br />
<br />
TIA for your help!</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=173">Credit Repair</category>
			<dc:creator>kaz</dc:creator>
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			<title>Hi and stuff!</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298855&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 06:00:46 GMT</pubDate>
			<description><![CDATA[I'm just doing what the nice lady on the screen told me to do...LOL! I'm Kaz and I'm here because I was financially irresponsible and I am trying to...]]></description>
			<content:encoded><![CDATA[<div>I'm just doing what the nice lady on the screen told me to do...LOL! I'm Kaz and I'm here because I was financially irresponsible and I am trying to get myself back on track. I am a mother of two beautiful little ones (dd 3yrs and ds 6 mos), happily married and trying to make ends meet while staying at home with the little ones. I have applied for disability, but I am unsure if I will be approved or not. (fibromyalgia) I hope it doesn't hurt my case that we still owe my rheumatologist a few $$$...<br />
<br />
I could blame my situation on a lot of things, but even what was done to my credit without my knowledge is still my responsibility for not catching it sooner and for not seeking out the tools to correct it when I was aware of it. So here I am, hopefully not too late to undo what has been done.<br />
<br />
I am here trying to learn what I can to improve my scores as well as my dh's so that we can refinance our car, trade in the pickup for one that will hold all 4 of us (used this time, not new!) and someday get a house that will hold all 4of us with a yard that is not full of holes along side the house. (dd has fallen a few times and landlord has yet to fix, been on him for longer than dd is old about the holes...)<br />
<br />
Anyway, that is who I am, where I am and where I hope to be someday. Thanks in advance for all the help and I'm gonna go get me some armor, cause I think I have3 a tough road ahead of me.<br />
<br />
Kaz</div>

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			<category domain="http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=173">Credit Repair</category>
			<dc:creator>kaz</dc:creator>
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			<title>Request for Debt Validation answered by Original Creditor</title>
			<link>http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298854&amp;goto=newpost</link>
			<pubDate>Sun, 15 Nov 2009 04:38:28 GMT</pubDate>
			<description><![CDATA[I live in Oklahoma. 
 
I received a letter from Zwicker & Associates stating that they had been 'retained' by Discover to collect Discover's claim...]]></description>
			<content:encoded><![CDATA[<div>I live in Oklahoma.<br />
<br />
I received a letter from Zwicker &amp; Associates stating that they had been 'retained' by Discover to collect Discover's claim against me.  I sent a certified DV request requiring a copy of the original application for signature verification.  I received a letter (something about the letter looks suspicious) which supposedly came from one of Discover Financial's Dispute Investigators which indicated the last 4 digits of the acct # and stated,<br />
&quot;...The outstanding balance on the Discover Card is xxx and is explained in detail by the billing statements that were sent to you under seperate cover.  The terms of the account and your agreement to pay are outlined in the Cardmember Agreement.  Please review the Discover Card Cardmember Agreement for further information.<br />
<br />
We have forwarded our findings to Atty Zwicker @ (phone no). Please contact their office for further questions regarding the acct and balance.&quot;<br />
<br />
The envelope also bears the Discover logo, but the reason the letter and envelope look suspicious to me is that everything is in black--I thought Discover had an orange 'o'.<br />
<br />
I have not received anything under seperate cover and it's been 10 days since I received the letter.<br />
<br />
Also, at the bottom of the letter it states, &quot;This is an attempt to collect a debt and any info.....&quot;<br />
<br />
My question is - isn't a letter from the alleged original creditor a violation of Section 809(b) of the Fair Debt Collection Practices Act which states that validation must come from the debt collector? or am I reading it wrong?<br />
<br />
<br />
Thanks in advance for any help.</div>

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			<dc:creator>manydebts</dc:creator>
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