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Quick question: I found a Vanilla Discover Card and don't know if I can use it...can i? Hoping for any response. Second question.. I have received validation from a couple of CA's. I can't pay or settle. I will declare BK7 as soon as I can afford the costs associated therwith. This whole thing has been so upsetting and humiliating. |
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Good question... I dunno what is the answer to that question. I'll do some poking around and get back to you if I find an good answer. You should email the people at Discover Card as they probably could answer your Discover Card question..
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1) As soon as you tell them that you have an attorney, they are supposed to address all communications to said attorney. I don't think you're at that point yet..
2) PB has asked some important questions: In addition to "what state are you in" and "how old is the debt", an amount would be good to know also. In fact, it would be great if you cut/pasted the way they are reporting from one of your credit bureau reports... |
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Writing a letter like that to the CA should certainly let them know that they haven't scared you and your're not a pushover. It certainly puts them on notice that you have grounds for a counterclaim for violations and it puts them on notice that even if they do win a lawsuit, they'll never be able to collect.......Hmmmmm. After all the grief these Ca's cause, I doubt that I would be kind enough to give them advance warning that they'd be waisting their time/money/energy suing me and might even end up paying (with Discover card) me for violations! I'll be watching this thread to see what happens. GOOD LUCK!..
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OP.... Answer the questions asked, and wait for some responses before you decide what to do..
The direction you should take depends on the missing information... |
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I received copies of 12 monthly billing statements dated from the fall of 2008 thru the fall of '09 on both accounts. One is Chase, the other is Citi. The last time I made a payment to each was January. At the time of default the balances were about 10K and 15K. The current balances, with all of the late fees, default rate interest and over limit fees tacked on are around 12k and 20k. I'm in Florida...
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Anybody?.
I feel that if I do nothing and ignore the Ca's they will think I just don't care and am blowing them off, which will p__s them off and put them in a suing kind of mood. That's the LAST thing I want to do!!. What is the recommended course of action when someone has no money or job and the CA has validated????.. |
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I would not consider that validation. IMO they need to send you complete documentation of the accounts. Are they asking for the amt shown on the last statement as what you owe them? Do they own the accounts or are they collecting for someone?.
I also wouldnt really expect a knock on the door tomorrow. You are letting them get to you! Maintain your composure and keep the upper hand here.. I dont know SOL in fl someone else might chime in, but if you made a pmt in Jan you are def in sol.. |
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Is there anything I can do proactively that might give the CA pause?I don't want to send the letter I suggested in my OP if it will make matters worse, but just waiting for a knock on the door is very unsettling, to say the least...
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I have three defaulted Chase and one Citi. The Chase cards defaulted over 6 years ago and the Citi one about 3 years ago. I have not been sued by those or my other two chargeoffs. Each time a new CA gets the account, I send the DV. I usually get back garbage from them, and then the account goes to another CA. And the process starts over.
I watch court almost every week, and I have only seen one JDB/CA case go to trial in the last 15 months. They file a lot, but they don't try them. If they can't get a default, they go away.. I have noticed that Citi sues a lot here, and they will go to trial. The difference is that if Citi still owns the debt, and they have only sent the account to a CA for collection, they are more likely to sue. If they. Sold. The debt to the CA or JDB, those are less likely to sue.. I favor sending them the DV letter, waiting for a response, and then waiting for it to be sold to someone else. In other words, it has worked for me.. By the way; my accounts are fairly large, with three over $20,000... |
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Thanks for the info. I really appreciate it! I'm trying to remain calm. Fortunately, the Citi acct has had so many CA shenanigans that I do have some fairly substantial violations. I just hate doing nothing. The former me- the one with money- always tackled problems head on. Now, I guess I have no choice but to play this game of cat and mouse- with me starring as the mouse!.
By the way, dumb newbie question, how do I find out if OC or JDB owns the debt? If I have to call the OC, PLEASE tell me what to say so I don't make things worse... |
