[cuthatcard]

As the original poster of this thread, the only up date I have is the ASSet tradeline has fallen off my Credit reports due to the 7 year reporting period expiring last month. The 26th of April will be 6 months since ASSet filed/said they would produce a written contract, blah, blah, blah. They have already filed for a 30 day extension back in Jan. to find this long lost written document that contains my name, signature they were sure! So, for me, after this date (April 26th) I will file with the court a motion to dismiss, based upon no written contract, no 15 yr SOL, 5 yr would apply even if this were proved to be my account without written docts, and that has long since passed.

[cuthatcard]

Well, I got a response from Asset today, in an unsealed envelope that was marked in big red letters on the outside by the US Postal Service as "RECEIVED UNSEALED". Inside this wonderfull envelope was a signed application by me, my FULL SOCIAL SECURITY #, account information, address etc. This was in response to discovery in which I asked for a written contract, since they claim in the Bluegrass State (KY) SOL on CC is written contract w/15 yr SOL.

I have 2 issues with this and need advice.

1). MY SSN and other identifying information was not properly and securely handled by the Attys. for ASSet as noted by the United Postal Service and I am sure there is something about this that I can not only use a leverage, but my good god, no telling how many postal sorters, handlers, carriers etc., have read this and my SSN may have been compromised by the lack of this Attys. office. The USPS stamped this envelope with the post office name and zip as well as "received unsealed." I think they done this as someone read what may have dropped out and wanted me to know that it was sent to them unsealed and that this was leagal stuff.

The Atty. addressed me in this communication as follows: "When you have an opportunity to review, please contact me to discuss".

I feel like calling them up and saying as soon as I place FA's on my CR due to your negligent handling of this confidential information, "I'll give ya a call"!!!!

2) Any advice on how to proceed as to (a) their claim to a written contract by virtue of my now signature, (b) their claim that in KY, CC's are 15 yr. I have be unable to find any supporting CL either for or against this.
BTW, in my initial response to their complaint, I did claim timebarred SOL as this one has fell off due to 7yr period.

[Enigma]

Kentucky Statutes of Limitation

Recovery of real property: 15 years (KRS 413.0 10).

Judgment, contract or bond: 15 years (KRS 413.110).

Breach of sales contract: 4 years (KRS 355.2- 725).

Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120).

Action on check, draft or bill of exchange: 5 years (KRS 413.120).

Action for fraud or mistake: 5 years (KRS 413.120).

Actions not provided for by statute: 10 years (KRS 413.160).

[cuthatcard]

Which do you think a Bank issued CC falls under?

[Enigma]

If KY considers CC's an oral contract then five years, if a written contact them fifteen.

You will need to either ask a KY attorney or research the case law in KY.

[Enigma]

Who is the issuing bank?

[cuthatcard]

Alledgedly Providian...

[Enigma]

It is my understanding that when WaMu bought Providan, a lot of files were lost.

If so, Discovery will be your friend.

[cuthatcard]

So far, it seems, that Asset has been able to produce a lot of docts in my case. And this was a 2001, 7+yrs ago case. Now I don't believe/know that it will all stick. This last set was a "Priority Reply Form" with the "Attatch sticker here", "Offer expire xxxxxx", "Would you like your card sent express mail", a place to fill in my ss#, which is done, home phone#, which is there, a place for yearly HH income, which is there, a "do you have a checking account", which is answered yes, and would you like your card sent by express mail after processing?

They have also attatched "Terms and Agreements which state something interesting! It states of how that "Applicable Law:
"No matter where you live, this agreement and your account are governed by federal law AND by New Hampshire law." ( I'm in KY) If this is the case, NH law is SOL 3 yrs on CC debt. So IF this is allowed by the court, then I would argue the WHOLE doct should be allowed and this reference to this NH requirement must be allowed and therefore, it is a 3 yr sol and their case does not hold water as they claim this is a 2001 charge off!

Am I wrong? This is part of what they have sent me through my discovery request beging back in Nov 2007.

[tlc008]

I'm trying desperately to find something that will help me. They say it is a CC from Visa Providian. All of my past credit problems have disappeared from my credit report so whatever it is it's at least 7yrs old. I've written an email to the attorney general's office asking what a credit card would be considered as and they replied...

Credit cards are a open/revolving account. They are also considered a written contract. If your question is in reference to the statute of limitations (SOL) on debt collection, credit cards would carry a 15 years SOL in KY. That is 15 years from the date of default, or the date of the last payment.

How can they be an open account but also considered a written contract. It seems that this should be against the law if they are defined as an open account they should not be also a written contract. Please let me know how your case is going. I've asked for proof of debt and a request for admission that the account is an open account as defined under the truth in lending act and also defined in the fair credit billing act but their response was...

The plaintiff objects to this request to the extent that the request is vague and incomprehensible. Plaintiff further objects to the extent that the request calls for a legal conclusion. Without waiving the general objections or the specific objection stated herein, plaintiff states that the cause of action arises from the breach of a written credit agreement between defendant and plaintiff's predecessor in interest and therefore deinies.

I'm a divorced single mother going to college full time and sometimes babysits for a little cash, mostly live on govt. assistance right now trying to get a college degree to better my life. But this thing is going to really mess my life up. I think my name might have been red flaged to the collection agency because my ex bought a house but I truely don't have the money for this.

Any help on winning this case or any caselaw from kentucky would be greatly appreciated.

[Enigma]

Originally Posted by cuthatcard

So far, it seems, that Asset has been able to produce a lot of docts in my case. And this was a 2001, 7+yrs ago case. Now I don't believe/know that it will all stick. This last set was a "Priority Reply Form" with the "Attatch sticker here", "Offer expire xxxxxx", "Would you like your card sent express mail", a place to fill in my ss#, which is done, home phone#, which is there, a place for yearly HH income, which is there, a "do you have a checking account", which is answered yes, and would you like your card sent by express mail after processing?

They have also attatched "Terms and Agreements which state something interesting! It states of how that "Applicable Law:
"No matter where you live, this agreement and your account are governed by federal law AND by New Hampshire law." ( I'm in KY) If this is the case, NH law is SOL 3 yrs on CC debt. So IF this is allowed by the court, then I would argue the WHOLE doct should be allowed and this reference to this NH requirement must be allowed and therefore, it is a 3 yr sol and their case does not hold water as they claim this is a 2001 charge off!

Am I wrong? This is part of what they have sent me through my discovery request beging back in Nov 2007.

If KY has a borrowing statute, then do a Motion to Dismiss based on the borrowing statute and NH SOL.

[cuthatcard]

Originally Posted by Enigma

If KY has a borrowing statute, then do a Motion to Dismiss based on the borrowing statute and NH SOL.

Thanks Enigma, I'll try to find out about the borrowing statues.
Also, I've not "contacted" the JDB's Atty. yet in regards to this latest "evidence" they have sent me. I thought I would maybe give them a call if I can find out about IF KY does have a borrowing statute and see what they say. Also, I am not going to back down that they have produced a written contract. IF the "application for processing" is what they consider a contract, I would hope that the court would consider that this does not contain all elements of a contract as It does not disclose this inital Credit amount given, if the process is approved.
But i'm going to look for a borrowing statute...

[cuthatcard]

Originally Posted by tlc008

I'm trying desperately to find something that will help me. They say it is a CC from Visa Providian. All of my past credit problems have disappeared from my credit report so whatever it is it's at least 7yrs old. I've written an email to the attorney general's office asking what a credit card would be considered as and they replied...

Credit cards are a open/revolving account. They are also considered a written contract. If your question is in reference to the statute of limitations (SOL) on debt collection, credit cards would carry a 15 years SOL in KY. That is 15 years from the date of default, or the date of the last payment.

How can they be an open account but also considered a written contract. It seems that this should be against the law if they are defined as an open account they should not be also a written contract. Please let me know how your case is going.

. Without waiving the general objections or the specific objection stated herein, plaintiff states that the cause of action arises from the breach of a written credit agreement between defendant and plaintiff's predecessor in interest and therefore deinies.

I'm a divorced single mother going to college full time and sometimes babysits for a little cash, mostly live on govt. assistance right now trying to get a college degree to better my life. But this thing is going to really mess my life up. I think my name might have been red flaged to the collection agency because my ex bought a house but I truely don't have the money for this.

Any help on winning this case or any caselaw from kentucky would be greatly appreciated.

KY is a hard one! Just don't give up!!! I'm in the same boat as you are in and it was originally w/Providian, they claim.
My case has been at a standstill for several months as I asked for proof that that I signed for anything in regards to the alleged account. That's where I'm at now as this week they sent me a document that has my signature on it, my SS# and home # address that I if approved for this processing, I agree to the terms and conditions on the back.

Any help on winning this case or any caselaw from kentucky would be greatly appreciated

This is something else that I have not been able to nail down. Every Credit hep, repair site I go to cites a 5 yr SOL but the CA's go for the 15 yr written contract SOL. I have found NO caselaw clearly supporting either one!! It's a hard one..

I've asked for proof of debt and a request for admission that the account is an open account as defined under the truth in lending act and also defined in the fair credit billing act but their response was...

I got the same response, they say it is a matter of law, blah ,blah, blah

[cuthatcard]

Originally Posted by Enigma

If KY has a borrowing statute, then do a Motion to Dismiss based on the borrowing statute and NH SOL.

I think this is a borrowing statute, is it?
http://www.lrc.state.ky.us/KRS/413-00/320.PDF

[Enigma]

Originally Posted by cuthatcard

I think this is a borrowing statute, is it?
http://www.lrc.state.ky.us/KRS/413-00/320.PDF

Yes it is. Now run with it.

[tlc008]

Originally Posted by cuthatcard

I think this is a borrowing statute, is it?
[lrc.state.ky.us/KRS/413-00/320.PDF"]

Perhaps this might help me also. Since both creditors are from Providean I might be able to use the same defense. Won't know till they send me paperwork to support VD. Please keep posting your progress.

Best of luck to you!

[lucky155]

Can anyone give me the statute that requires the assignment of debt or bill of sale be included in complaint? The one Hannah talked about on the previous page. Thank you all for your help.