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I'm being suedChristine05-13-04  02:57 pm
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Inventer36
Registered User
Username: Inventer36

Post Number: 1
Registered: 03-2004
Posted on Wednesday, March 17, 2004 - 12:57 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I am not sure if I am in the right forum. I have had numerous dealings with experian trying to correct innacurate data from my report. It is only one auto loan account that was charged off in 96, experian is the only CRA with the wrong info, Trans union and equifax are correctly reporting. Based on the 7 year date it should have been removed in 8/03, which was commented in the report. I also had a 1099c filed for a balance of$870 on the account from the original creditor,which affected my taxes last year. I believe I have numerous violations from the CRA Experian and possibly the original creditor. I have all copies of credit reports as well as letters from the creditor. Would like to talk with you further...thanks
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Christine
Board Administrator
Username: Christine

Post Number: 1916
Registered: 09-2002
Posted on Wednesday, March 17, 2004 - 02:07 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

It sounds like you should sue, but I closed the "general" Comments/Questions topic because people were abusing me and just wanted me to repair their credit free of charge. I'm also NOT an attorney, so I can't get provide and get paid for legal advice. I only add new active suits here.

Here is the Pro Se Resources topic with tons of info.

I also highly recommend that you subscribe to http://creditfactors.com/
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Rose
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Username: Rose

Post Number: 1
Registered: 03-2004
Posted on Thursday, March 25, 2004 - 06:31 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I am interested in advise for dealing with Wolpoff and Abramsom- the collector/law firm that represents MBNA. 6 months ago my account was charged off - after I asked if MBNA would settle. MBNA sent it to W&A to collect. W&A definitely went against the law- they called me at work several times. I had to send 2 cease and desist letters before they finally stopped harrassing me at work and at home. In the meantime I asked for them to validate my debt with my signature on an agreement between MBNA and myself as well as the entire history of my transactions with MBNA. They have not satisfied this request- only half way with half my transactions not all and not my signature. I again requested validation and instead- 2 months later I received a letter for arbitration that I need to respond to in the next 2 weeks.

Please help me on how to proceed with this situation. On the grounds of the law and having proper validation W&A has failed, so how can they continue with arbitration procedures?

Please Please Help. Time is of essence.

Thank you.
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Christine
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Username: Christine

Post Number: 1941
Registered: 09-2002
Posted on Thursday, March 25, 2004 - 06:34 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I wrote in the posting you replied to:

"... , but I closed the "general" Comments/Questions topic because people were abusing me and just wanted me to repair their credit free of charge. I'm also NOT an attorney, so I can't get provide and get paid for legal advice. I only add new active suits here.

Here is the Pro Se Resources topic with tons of info.

I also highly recommend that you subscribe to http://creditfactors.com/"

Are there any words you don't understand?
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Christine
Board Administrator
Username: Christine

Post Number: 1942
Registered: 09-2002
Posted on Thursday, March 25, 2004 - 06:38 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

And on second thought, I really hate how arbitration is abused, and there is a lot I could say, and WILL say in an upcoming press release.

Also, they don't need your signature or anything but the final statements.
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Rose
Registered User
Username: Rose

Post Number: 2
Registered: 03-2004
Posted on Friday, March 26, 2004 - 03:32 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Christine,
thanks for responding, but to be honest I am a bit confused. all along I have been told in order to validate my debt- which a CA must do when asking for payment for their Client- the credit card company- they need to give me a signed agreement between me and the credit card company and the entire history of all my transactions.

what is your experience with arbitration? I don't even understand what it is.

when will you write your press release? where can I find it?

Thanks so much for your time.
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Christine
Board Administrator
Username: Christine

Post Number: 1946
Registered: 09-2002
Posted on Friday, March 26, 2004 - 03:59 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Rose,

"all along I have been told in order to validate my debt .... they need to give me a signed agreement between me and the credit card company and the entire history of all my transactions."

I think you need to go back to who TOLD you this and ask THEM how to proceed.

Personally, I'm EXTREMELY disappointed with most of the so-called credit experts on the net. They give awful advice and they don't learn.

Of course I am far from perfect too, I'm only ONE person working literlly hundred hour weeks on my own lawsuit, some of the readers' and of course the blog and updating and answering questions at http://creditfactors.com/cgi-bin/members/discus.pl

I'm not an attorney, but many people have posted or written about their legal experiences and every day I learn more about how America sucks for people who aren't rich.

Anyway, I think the people who say crap like what you posted about validation should be SHUT UP. Unfortunately, all the other forums are not monitored for BS and this crap continues to be disseminated. Of course it is a lot of work to maintain a forum with good info and that's why I charge for CreditFactors.

Just think for a moment about all the online applications! Is there a signature anywhere?

Are all these debts not valid?

You have to look at EACH debt individually and if it's your debt, and the creditor can show that it's your debt with the final statements and you don't have a LEGITIMATE dispute, you're in pretty bad shape. In the 7th circuit a computer printout is validation. I don't understand why so many "experts" don't know that, it's old news.

Arbitration means that the proceeding is SECRET. You can't come here and post what happened and ask for advice - it's against the arbitration rules.

There are many other issues too, and there are some rulings and opinions posted here:

http://forum.creditcourt.com/discus/messages/803/2194.html

and at the blog:

http://www.creditsuit.org/blog/archives/cat_arbitration_the_death_of_justice.htm l

The problem for you is that even if you get out of arbitration, they'll probably just sue you and get a judgment.

I'm not sure when I get to the next press release, just got my first one out at http://emediawire.com/releases/2004/3/emw113432.htm and it depends on how things go with my suit, with Randy's suit and other issues.
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Alex
Registered User
Username: Alex

Post Number: 1
Registered: 03-2004
Posted on Tuesday, March 30, 2004 - 12:07 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Hello Christine.

Do you have a section where I can report what I consider to be a new wave of Credit Card hostility by the Credit Card companies?

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Christine
Board Administrator
Username: Christine

Post Number: 1959
Registered: 09-2002
Posted on Tuesday, March 30, 2004 - 12:59 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Alex, what do you mean by "hostility?"
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Alex
Registered User
Username: Alex

Post Number: 2
Registered: 03-2004
Posted on Tuesday, March 30, 2004 - 04:29 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

GM card suddenly raised the minimum payment requirement by 25%. When I called GM Card to ask what was going on they said the FDIC "forced" them to raise the monthly minimum from 2.0% to 2.5% and that there was nothing they could do about it.

I offered to close out my account and that I would continue to make the minimum monthly payment until the account is paid off based on the already established monthly minimum payment of 2.0%. (the interest rate is 6.9% until the card is paid off so paying the monthly minimum will pay down in a somewhat reasonable time). I was told nope.

Basically, I have a fixed rate 6.9% credit card until the debt is paid off and suddenly I am being charged 25% more monthly minimum fee for this fixed interest card.



(Message edited by alex on March 30, 2004)
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Christine
Board Administrator
Username: Christine

Post Number: 1962
Registered: 09-2002
Posted on Tuesday, March 30, 2004 - 04:46 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I don't know whether they can raise the minimum PAYMENT if you want to close the account.

Normally they notify you of new terms and give you the option to close the account if you don't agree and you'll get to pay off under the OLD terms.

It could well be that the FDIC told them to increase the minimum payments, because many consumer organizations complain that the minimum payments are too low and it takes longer than a mortgage to pay off creditcard debt.

But I don't know anything about that.
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Alex
Registered User
Username: Alex

Post Number: 3
Registered: 03-2004
Posted on Tuesday, March 30, 2004 - 05:26 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I have no problem with the minimum payment being increased. I do have a problem with the Credit Card company changing agreed upon terms, especially on fixed interest rate offers, and not providing the customer a way to disagree about the changes.

It's perfectly reasonable to allow the customer to close the account in exchange for maintaining the status of the account as it was. This frees the credit card company to charge the higher rate on new accounts and on existing accounts where the customer doesn't mind the increase, those who do mind would no longer use the card and still make their monthly payments anyway, but the payment would be at the previous rate, not the new and increased 25% rate.

Another related issue is the credit card companies send a phamphlet with new terms on them but they don't highlight the changes as compared to the previous terms.

This makes it extremely difficult to track what is changed. Obviously it would be "fair" if one had 30 days from receipt of the first bill with the changes on it to make a decision as to whether they want to keep the card or close the card because the change would easily be visible on the bill.

In this instance I don't recall what if anything the credit card company may have sent as a warning, but even if they sent something I am sure I did not know what the actual change was because it is hidden among several phamphlet pages of information and terms.

A 25% increase on a fixed interest debt seems unfair if one does not offer the consumer a chance to refuse the "offer".

(Message edited by alex on March 30, 2004)
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Christine
Board Administrator
Username: Christine

Post Number: 1964
Registered: 09-2002
Posted on Tuesday, March 30, 2004 - 07:11 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

You keep interchanging the terms "payments" and "rates" and now it sounds like your interest rate increased, not the minimum payment.

"GM card suddenly raised the minimum payment requirement by 25%."

Now you write "not the new and increased 25% rate."

Take a break, figure out WHAT it is you're complaining about, and then send it to the creditor and their regulator.

You're not making any sense to me.
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Jim
Registered User
Username: Jim

Post Number: 1
Registered: 04-2004
Posted on Saturday, April 03, 2004 - 10:38 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I'm not sure if I'm posting in the right place. I read with interest the information about the FNANB suit. I'm having trouble with FNANB and getting nowhere. In Dec of 2003 I received a notice from FNANB that they were raising my interest rate from 15.9 to 19.99%. The notice indicated it was due to information obtained in my credit report. I have good credit (and pulled my report to verify) so I was confused. I wrote two letters, as instructed in the change of terms notice. The first letter indicated that I did not accept the terms and I requested that they close my account. The other letter was a request for the reasons of the change in interest rate. The notice said I would receive a written response in 30 days. I didn't, so I called FNANB. Some idiot told me that everyone was sent one and not to worry about it because my interest rate had not been changed. I closed my account anyway. This month my interest rate is at 19.99% on my statement. What do I do? I did what I should have done and FNANB completely ignored my letters. Any help would be appreciated. Thanks.
Jim

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Jim
Registered User
Username: Jim

Post Number: 2
Registered: 04-2004
Posted on Saturday, April 03, 2004 - 12:53 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I forgot to add to my above post that my credit report has no inquiry from FNANB until 1/04. Their notice was dated 12/03 so my credit had nothing to do with their decision to raise my rate.
Jim
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Christine
Board Administrator
Username: Christine

Post Number: 1971
Registered: 09-2002
Posted on Saturday, April 03, 2004 - 01:26 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

That's really strange. I would send a fax to their attorney Edwards and ask what's going on.
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Jim
Registered User
Username: Jim

Post Number: 3
Registered: 04-2004
Posted on Monday, April 05, 2004 - 06:24 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

FYI,
For anyone contacting the legal dept. at FNANB, Ken Edwards is no longer their attorney. The new contact is Chris Hagert.
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Christine
Board Administrator
Username: Christine

Post Number: 1972
Registered: 09-2002
Posted on Monday, April 05, 2004 - 04:37 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Oh, thanks for the update! Please do post what happens with your problem.
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Jim
Registered User
Username: Jim

Post Number: 4
Registered: 04-2004
Posted on Tuesday, April 06, 2004 - 05:51 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Well, it appears I have a situation that may not be taken care of easily. I am so frustrated with FNANB. I emailed the new contact/attorney at FNANB yesterday and attached a read receipt. Of course, he denied the receipt and did not respond to my email. I called the legal dept. today and was informed by “Bill” that no one at FNANB could speak with me about my account because it was sold to Fleet. I had no knowledge of this. I've never received anything from Fleet or FNANB regarding this change, and my most recent statement is from FNANB. “Bill” refused to answer any of my questions and gave me a number to Fleet. When I called Fleet, I got a recording that said my call could not be answered due to a high volume of calls. I know I’m getting the run around and my gut instinct is that FNANB has a problem much bigger than me. It also appears that they are doing whatever they can to avoid putting anything in writing. However, I have no idea what to do at this point other than look for an attorney. Obviously, FNANB raised my rate for fraudulent reasons, ignored my letters declining the new terms, and is now claiming there is nothing they can do because they no longer own the loan. Great company.
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Christine
Board Administrator
Username: Christine

Post Number: 1973
Registered: 09-2002
Posted on Tuesday, April 06, 2004 - 06:51 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Of course they try to avoid you and they are MUCH bigger than you. I recommend faxing too.

If that doesn't work, you can always go public and send out a press release such as this one:

http://prweb.com/releases/2004/3/prweb113432.htm

It's been read over 30,000 times! Of course it takes an effort to write it, it has to be factual, but it's definitely worth the effort. It cost me only $41, you can submit them free, but then you don't get stats (love those stats!) and you can't attach files. It's always good to attach scans of documentation, and have a link to a site with more info.

And you could also sue, a "reasonable" judge would certainly find in your favor and it would give you more credibility. AND they would finally respond to you.

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