How to handle an OC

ilovemydogs · 03-22-2007, 12:55 PM

A CA has brought suit for an OC. Previously I had requested validation, and nothing was brought forth.
I called the OC who said that the CA was the one I needed to speak to.
There was NO way to try to settle this account with this woman who I called at the CC card company that was the OC.
On one of my CR's it reads charged off. The other two it is not on there.
I am STILL in SOL for sure.
Is there anyway I really can find out if the OC still owns this? For some reason the woman I spoke to who was so nasty I am thinking maybe she lied to me.
Why wouldn't the CA send me validation if he is working for the OC ?
Okay so the bottom line here is IF this is the OC that is suing me, has anyone negotiated a settlement with an OC thru the CA ?
How so?
Thanks
Oh and HAPPY SPRING!
ILMD

Enigma · 03-22-2007, 01:26 PM

Have you answered the suit?

If you timely requested validation and the CA filed it a violation of the FDCPA.

IF they filed and cannot produce a contract then the CA cannot file because it is tort law and not contract. A CA cannot sue under tort law.

ilovemydogs · 03-22-2007, 01:45 PM

Quote:

Originally Posted by Enigma

Have you answered the suit?

Yes. We then had a case management conference which did not go that well for me as it has in the past as the judge was very arrogant.
I told thejudge and tried to show the judge my paper work requesting validation and said nothing has been forth coming. Plaintiffs attorney stated that it was sent the day before.
SO the judge said to me "Well then see it will be coming"
I said "That they were in violation of the FDCPA.
He just smiled and said that he the plaintiffs lawyer just said that they have been sent, so I will be getting it shortly!!! UGH!!

If you timely requested validation and the CA filed it a violation of the FDCPA.

I timely did request validation, but that was TWO years ago, and I DV'd a second time, still was ignored, so I just let it go (I know not the right hing to do)
Original NES (FOUR YEARS AGO)had it I dv'd them as well who said they would be sending it along...Never got anything and then I had this CA dunning me,two years later, then nothing back from my DV,then he filed suit.

I did the answers, also filed counterclaims ... In violation of 15 USC 1692C and 1692k

IF they filed and cannot produce a contract then the CA cannot file because it is tort law and not contract. A CA cannot sue under tort law.

Oh gee Enigma, could you explain this more?

I have to go lunch now, but will be back soon,and tell you what the lawyer sent.

Thanks Enigma

ILMD

ilovemydogs · 03-22-2007, 09:54 PM

Quote:

Originally Posted by ilovemydogs

Oh gee Enigma, could you explain this more?

I have to go lunch now, but will be back soon,and tell you what the lawyer sent.

Thanks Enigma

ILMD

The lawyer sent a bunch of copied statements from the OC going back several years.

I had made some counterclaims (1692e 1692g 1692k)and in his answers he
denies each and every allegation .

As for affirmative defenses he writes the counterclaim fails to state a claim upon which relief can be granted.

That I failed to bring the action within the time provided by statute.

I have not sent back my answers to his INTERROGATORIES REQUESTS FOR DOCUMENTS REQUESTS FOR ADMISSIONS.
So I need to do that plus send him mine.
ILMD

Enigma · 03-23-2007, 12:08 AM

Quote:

Originally Posted by ilovemydogs

The lawyer sent a bunch of copied statements from the OC going back several years.

I had made some counterclaims (1692e 1692g 1692k)and in his answers he
denies each and every allegation .

As for affirmative defenses he writes the counterclaim fails to state a claim upon which relief can be granted.

That I failed to bring the action within the time provided by statute.

I have not sent back my answers to his INTERROGATORIES REQUESTS FOR DOCUMENTS REQUESTS FOR ADMISSIONS.
So I need to do that plus send him mine.
ILMD

What state are you in?

Enigma · 03-23-2007, 12:11 AM

Do you know who is suing?

Enigma · 03-23-2007, 12:19 AM

Quote:

Originally Posted by ilovemydogs

Oh gee Enigma, could you explain this more?

I have to go lunch now, but will be back soon,and tell you what the lawyer sent.

Thanks Enigma

ILMD

A "tort" is a negligent or intentional civil wrong not arising out of a contract or statute.

If it is a credit card then it is contractual in nature. The CA needs to produce a valid contract to sue you. Without a contract, the CA has not been injured. Unless they claim they are an assignee of the OC.

The OC can sue because they have been injured.

In discovery demand they produce their assignment authorization fromthe OC is it is the CA.

What is the SOL for your state?

neil5623 · 03-23-2007, 12:23 AM

sounds like what I'm going through now with a Citibank account. See my "More Citi" and other threads. happy happy joy joy

ilovemydogs · 03-23-2007, 03:14 PM

Quote:

Originally Posted by Enigma

What state are you in?

I am in Mass.

ILMD

ilovemydogs · 03-23-2007, 03:19 PM

On the suit it has the OC as Plaintiff. There is no mention of assignee. The lawyer that brought suit is the Plaintiff's Attorney so it says on the court docs.
SOL is 6 years,so I cannot go that route.
I called OC who said that the account is now in the hands of the collection lawyer, and I needed to deal with the lawyer not them.
OC said they still own the account.
According to credit reports it reads charged off, no transfer or sold, so I am dealling with the OC's lawyer
ILMD

ilovemydogs · 03-23-2007, 03:21 PM

Quote:

Originally Posted by Enigma

A "tort" is a negligent or intentional civil wrong not arising out of a contract or statute.

If it is a credit card then it is contractual in nature. The CA needs to produce a valid contract to sue you. Without a contract, the CA has not been injured. Unless they claim they are an assignee of the OC.

The OC can sue because they have been injured.

In discovery demand they produce their assignment authorization fromthe OC is it is the CA.

What is the SOL for your state?

There has been no claims that CA is an assignee of OC, but that he is OC's lawyer.

ILMD

Enigma · 03-23-2007, 03:32 PM

Are you able to settle?

If they get a judgment, are protected, that is do you have assets or wages that can be garnished or levied?

ilovemydogs · 03-23-2007, 05:16 PM

Quote:

Originally Posted by Enigma

Are you able to settle?

If they get a judgment, are protected, that is do you have assets or wages that can be garnished or levied?

Yes I can settle. I also am protected. NO garnishment of wages, nothing in my name, all in trusts,and then some.
Since I defaulted, the amount has doubled. was less than 5 k now 10k.
Since the charge off the amount claimed by PL is more than the amount claimed when PL filed suit.
Filing of suit, 9,xxx now claimed 10,xxx.
I have my discovery answers all ready to go,have a loaded paper trail form several years back.
When we went to the case management,I told judge I had never received any proof that I owed this alledged debt, despite me have requesting validation .
Judge told PL to get me some proof. PL said that it would be sent.
I received a print out of statement going back to 01, but not to beginning of when the alledged account was opened.
So should I send back discovery or not, and just write off an offer to settle for XXXX.

I was thinking that I could ALWAYS do that even day of trial if it went that far.

Just not sure that I should be the one to *offer* settlement FIRST.

Got any good letters to talk about settlement so it does not seem like I am *bending over*?

ILMD

IC Anonymous · 07-21-2007, 02:47 PM

Quote:

Originally Posted by ilovemydogs

Yes I can settle. I also am protected. NO garnishment of wages, nothing in my name, all in trusts,and then some.
Since I defaulted, the amount has doubled. was less than 5 k now 10k.
Since the charge off the amount claimed by PL is more than the amount claimed when PL filed suit.
Filing of suit, 9,xxx now claimed 10,xxx.
I have my discovery answers all ready to go,have a loaded paper trail form several years back.
When we went to the case management,I told judge I had never received any proof that I owed this alledged debt, despite me have requesting validation .
Judge told PL to get me some proof. PL said that it would be sent.
I received a print out of statement going back to 01, but not to beginning of when the alledged account was opened.
So should I send back discovery or not, and just write off an offer to settle for XXXX.

I was thinking that I could ALWAYS do that even day of trial if it went that far.

Just not sure that I should be the one to *offer* settlement FIRST.

Got any good letters to talk about settlement so it does not seem like I am *bending over*?

ILMD

Any update on this ILMD?

ilovemydogs · 08-11-2007, 12:48 PM

Quote:

Originally Posted by IC Anonymous

Any update on this ILMD?

YES , and will supply details soon, as it looks things are going VERY good for me, but you never know,so I do not want to say too much until it is over.

ILMD