Author Topic: FIA CARD SERICES buying accounts!  (Read 2470 times)

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Bobbys2k1

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FIA CARD SERICES buying accounts!
« on: September 04, 2011 07:05:48 PM »
I recieved a letter from CA several months ago that a old account with BOA was sold to FIA card services, and this was an attempt to collect on the account. Up until now the only thing I recieved from them was some old statements from my DV request.

I just recieved a copy of a Affidavit from an employee of FIA card services. The CA is claiming this a verified statement of account per my DV request. The affidavit heading says State of South Carolina/In The Court of Common Pleas but signed and notarized in the county of Guiford NC, with the TITLE of Affiant Officer left blank, and 2 different account numbers.

Has anyone been getting these bogus looking Affidavits?

CleaningUp

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Re: FIA CARD SERICES buying accounts!
« Reply #1 on: September 04, 2011 07:11:19 PM »
FIA is a wholly-owned subsidiary of BoA created to consolidate, to hold, and to administer their credit card business.

Don't be too quick to dismiss their affidavit or their ability to authenticate their records.

You can still force them to do the authentication, but the chances are much higher that they will succeed than if they were produced by an ordinary collector or JDB.

silverzgirl

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Re: FIA CARD SERICES buying accounts!
« Reply #2 on: September 04, 2011 07:43:10 PM »
What CU said.

FIA is Bank of America, not a collection agency. Most likely they will be able to produce proof, and an affiant....especially if they filed in SC and their corporate office is NC. So be prepared for them having the goods. 
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

kevinmanheim

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Re: FIA CARD SERICES buying accounts!
« Reply #3 on: September 04, 2011 08:48:59 PM »
When did you default?

If prior to 1/2010, I would MTC arb.

Bobbys2k1

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Re: FIA CARD SERICES buying accounts!
« Reply #4 on: September 04, 2011 09:06:25 PM »
When did you default?

If prior to 1/2010, I would MTC arb.

2009 and yes I plan to MTC...I sent the CA a election for Arb last week!

kevinmanheim

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Re: FIA CARD SERICES buying accounts!
« Reply #5 on: September 04, 2011 09:16:29 PM »
2009 and yes I plan to MTC...I sent the CA a election for Arb last week!
I think that's a good idea.

E. Normis Debtor

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Re: FIA CARD SERICES buying accounts!
« Reply #6 on: September 04, 2011 09:44:35 PM »
I don't respond to PM's or emails for advice on specific circumstances.  My participation in this forum is general in nature, and not intended to create an attorney/client relationship.

znb

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Re: FIA CARD SERICES buying accounts!
« Reply #7 on: September 05, 2011 04:37:41 AM »
Hitting save!

Thanx E.!
I'm not an attorney, and I have no legal background. Please don't delude yourself into taking my ramblings as legal advice.

My only super power is the ability to read and comprehend information quickly. I wanted it to be something cool like flying or bending spoons with my mind, but I took the hand I was dealt and am making the best of it. ;)

Bobbys2k1

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Re: FIA CARD SERICES buying accounts!
« Reply #8 on: September 05, 2011 11:56:39 PM »
Just a case of interest

http://law.justia.com/cases/new-york/other-courts/2009/2009-50305.html

I checked NC, SC, and Delaware...there are NO records. However Bank of America is registered.

kevinmanheim

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Re: FIA CARD SERICES buying accounts!
« Reply #9 on: September 06, 2011 12:28:42 AM »
FIA/B of A have beeen dropping CC lawsuits recently, much like Chase.

Something about evidence, I imagine. 

znb

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Re: FIA CARD SERICES buying accounts!
« Reply #10 on: September 06, 2011 12:42:28 AM »
I've read the same thing.

I also see they're really busy defending themselves against a swarm of new lawsuits. 
« Last Edit: September 06, 2011 12:47:30 AM by znb »
I'm not an attorney, and I have no legal background. Please don't delude yourself into taking my ramblings as legal advice.

My only super power is the ability to read and comprehend information quickly. I wanted it to be something cool like flying or bending spoons with my mind, but I took the hand I was dealt and am making the best of it. ;)

CleaningUp

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Re: FIA CARD SERICES buying accounts!
« Reply #11 on: September 06, 2011 01:50:08 AM »
You  may want to look FIA up under the MNBA charter/incorporation.

What happened was Bank of America bought MNBA, changed the name of MNBA to F.I.A., NA; and then transferred the entire BoA CC portfolio the the newly purchased, renamed entity.


coltfan1972

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Re: FIA CARD SERICES buying accounts!
« Reply #12 on: September 06, 2011 06:25:10 AM »
Something about evidence, I imagine.

That's it? 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.
Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made "perverted one-liners" during his deposition.
Scroggin called CBOJ'S counsel "a little witch"

Scroggin used the FDCPA as a "sword of intimidation."
Scroggin loves suing debt collectors.

Scroggin is proud of his behavior and "unapologetic."

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ- 3:12-cv-128, Eastern District of Ark.

Bobbys2k1

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Re: FIA CARD SERICES buying accounts!
« Reply #13 on: October 22, 2011 09:59:47 PM »
I was served recently with a Summons and Complaint naming FIA Card Services NA as the Plaintiff, the purchaser and assignee of the obligation under suit.

Attached was a bare bone affidavit with no supporting documents , on a alleged account number I never had with BOA/FIA.

I sent in a answer and counterclaim and just received their reply " REPLY OF LVNV FUNDING, LLC"

This is the first time LVNV has even been mentioned during the 10 months dealing with the CA.

Something here just don't sound right, any suggestions?


kevinmanheim

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Re: FIA CARD SERICES buying accounts!
« Reply #14 on: October 22, 2011 11:20:43 PM »
I would MTC arb asap.

FIA/BoA normally changes card account numbers after default, which is an advantage for you.