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General Credit Forum / Re: Refinance with Chase- old charge offs
« Last post by delandra on Today at 03:32:18 AM »
And a question: If you had a charge-off with Chase, for example, and they subsequently bought out or merged with your supposedly safe present bank (no charge-offs), could that present a danger?

I would run as fast as I could.  They may never realize you owe them money, the left hand doesn't always talk to the right hand, but if they do.....

Heck, I'd run even if I didn't have funds at risk.  I've never found the big banks to offer favorable deposit accounts for mere mortals like us.  You're much better served with a community bank or FCU.  No fees, free add-ons like billpay, etc, all things you'd have to pay a premium for at a bank like Chase, either with actual fees or a absurdly high minimum balance requirement with an absurdly low interest rate.

The old justification to do business with them was access to a branch office in every major city but that means nothing in 2017.  My FCU reimburses foreign ATM fees and offers Mobile Deposit.  I have no need to ever go to a branch office.

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The company is a Debt Owner and not a collector - there is only one company not 2 like cavalry.

My biggest concern is that the defendant's lawyer starts off by saying that 'my client is not a debt collector and this case be dissolved' and I am thinking that I could argue that

'Your client engaged with ABC company to collect an alleged debt of $xxxx.xx - the arbitration case has been filed to
  (a) compensate me for the damages in harassment caused by your company in alleging that I owe a debt which i do not and engaging a debt collector to collect debt
  (b) Stop any engaging any further debt collector to collect the alleged debt
  (c) Acknowledge that the alleged debt is false and does not exist
  (d) Agree not to sell the alleged debt to any other party which could lead to further harassment and unwanted claims.

Luckily my JAMS filing never mentions FDCPA or TCPA and the amount I have claimed is $50,000 as damages

Appreciate any inputs on this.
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Before the hearing that I missed I had about 3 or 4 hearings before that which I did attend  but we didn't go into a courtroom as at first I told them they didn't have sufficient proof that the debt was mine, and also told them that I was going to file bankruptcy which I was wanting to do but couldn't come up with the funds to do that as they wanted about $1200 and it had to be paid before they would file. While they would do payments, I couldn't afford to do that either.

Anyway they did eventually produce some CC statements and a receipt that showed they had purchased the acct. I still told them I wasn't convinced and we rescheduled for another hearing which was the one I missed. I wasn't collecting SS at that time so I couldn't bring that up at that point.
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General Credit Forum / Re: Refinance with Chase- old charge offs
« Last post by Bubbles on Today at 12:07:36 AM »
+1

And a question: If you had a charge-off with Chase, for example, and they subsequently bought out or merged with your supposedly safe present bank (no charge-offs), could that present a danger?


Some are, some are not. My CU (Pyramid in Tucson AZ) is one that is not. I tried three times to borrow from them. Here are the results:

First - attempt to purchase a car - submitted the application, NEVER heard from them. Not a word.

Second - a Share Secured Loan. This is a loan where the proceeds are placed in a savings account and that account 100% secures the loan and is collateral for the loan. I was looking for $2,000. They not only wanted the $2,000 savings account as collateral, they wanted EVERY account I had there as collateral (around $14,000 at the time). Why would they need $16,000 in cash as collateral for a $2,000 debt? I refused that loan.

Third - Home Mortgage. They decided they don't lend on homes like mine (new manufactured permanently attached to land I own free and clear).

So, I do my borrowing elsewhere which is the smart thing to do anyway. OP - it is risky to ever have a deposit account of any kind with any bank you had a charge off with.
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If you on SS and you have no other sources of income, there is no reason why you shouldn't sent them request to validate the demand (we call it a DV) and inform them that it is inconvenient for them to call you at any time or place.  The letter should specifically "revoke permission to call you at any time or at any number".

This will keep them from blowing up your phone with calls should they not get the message that you are judgment-proof.

It's too bad that you didn't make it to the hearing or go back to the court with a motion to set aside when you found that you had a judgment against you.  You might have gotten your day in court. 

Also, there is no obligation on the part of the court or the plaintiff to notify you that you have a judgment against you.   The law basically says that you have the obligation to keep current on your affairs that are before the court.

Blame yourself only for missing your chances; this is the way legal matters work.  It isn't personal.
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Hi All,

A couple of years ago PRA won a default judgement against me because I got the court date wrong and missed the hearing. The amount is for $850 from an old CC debt from 2013. I never got an official notice about the judgement after the hearing and it doesn't show on my credit report as a judgement just a collections acct from them that was already there. The only reason I know about the judgement was when I was checking the court docket for a court date and that's when I found out I had missed it and a default judgement was entered. Anyway I never heard anything more about it from them until yesterday when I got a settlement offer letter from them and they mentioned the judgement.

My income is now from Social Security so I know they can't garnish that, but my concern is that they will try anyway at some point and may get access to my funds. Sure I can then pursue them in court but it could take months to recover the missing funds and I can't afford to have any funds go missing from my acct as i barely scrape by as it is. So my question is should I write them a letter and tell them my income is social security and I know they can't garnish it so take a hike or should I offer them some small settlement amount like a $100 and make them agree to remove it from my credit report?  If so does anyone have any letter template that I should use as to how word things?

Also they have another CC acct of mine for a smaller amount of about $500 that is also from 2013 but it's now of SOL for them to sue in my state. They have sent me settlement offers on that one as well, which I have ignored and don't plan to pay them anything.

Any advice would be appreciated.

Thanks!
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General Credit Forum / Re: Refinance with Chase- old charge offs
« Last post by Flyingifr on Yesterday at 04:53:56 PM »
CUs are far more client oriented, friendly, cooperative, more forgiving of simple errors most of the time.  They are interested in the community, and may embrace projects that others might shy from.  The ARE tougher to deal with when things don't,'t go as planned, but they'll work for mutually beneficial outcomes more readily than the big banks having to prove that they're "BIG" !

Some are, some are not. My CU (Pyramid in Tucson AZ) is one that is not. I tried three times to borrow from them. Here are the results:

First - attempt to purchase a car - submitted the application, NEVER heard from them. Not a word.

Second - a Share Secured Loan. This is a loan where the proceeds are placed in a savings account and that account 100% secures the loan and is collateral for the loan. I was looking for $2,000. They not only wanted the $2,000 savings account as collateral, they wanted EVERY account I had there as collateral (around $14,000 at the time). Why would they need $16,000 in cash as collateral for a $2,000 debt? I refused that loan.

Third - Home Mortgage. They decided they don't lend on homes like mine (new manufactured permanently attached to land I own free and clear).

So, I do my borrowing elsewhere which is the smart thing to do anyway. OP - it is risky to ever have a deposit account of any kind with any bank you had a charge off with.
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General Credit Forum / Re: Portfolio Questions
« Last post by bazmama on Yesterday at 03:43:52 PM »
Alos,   is JAMS preferred over AAA?

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General Credit Forum / Re: Portfolio Questions
« Last post by bazmama on Yesterday at 03:28:53 PM »
If i am pro-se, what would I use as my costs?
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General Credit Forum / Re: Portfolio Questions
« Last post by fisthardcheese on Yesterday at 02:35:49 AM »
Answer all their questions with an objection due to improper forum.  I would file an objection to discovery and motion for sanctions.  I would ask for my costs as part of sanctions and ask that (again) the court order PRA to arbitrate this matter. I would attach the JAMS submitted demand form and a copy of my filing fee check as evidence I have complied with the court order and paid the arbitration fee.
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