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If I knew it all, would I be here??Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
In Aug 2008, was the first month I stopped paying on the first two creditors and the remaining through December except for Dell which I threw in the towel in March 09. In Aug 2010, I left the state to house sit and have remained since. The state I left has a 6 yr SOL and the one I reside now has a 3 yr. SOL. I assume that the 6 yr SOL applies still. I'm planning to move back in 1.5 yrs.
Jacko: What do mean by throwing in the towel? You paid them. Dell calls me 3 times a day. They also call me from phones all over the state of Washington.
Most likely, Chase was caught falsifying records/affidavits for accounts that originated with companies they bought out such as Washington Mutual, First USA, Providian, and so on. When a company goes through multiple mergers, records are bound to be lost or deleted. Selling an account to a junk debt buyer does not absolve the original creditor from responsibility for any false documentation which they may have provided.
Also, it is not clear that filing lawsuits en masse against delinquent debtors is going to be a successful strategy in a new economy where there is high turnover in employment, and most people either don't own their home, or owe more than it's worth. Most people have either filed for bankruptcy, plan on filing for bankruptcy, or have nothing to lose if they don't file for bankruptcy. Either way, the judgement is never paid.
Ugh. Chase was the only creditor to sue me. They waited at least two years after I stopped paying them.
They sued and won a judgment against me. Now here's the thing. I had TWO Chase cards that I BKed. One was originally Chase, and the other was a Providian that became WaMu that became Chase.
I was never sure which one the judgment was for, because all of my cards had gone through multiple collection agencies and they tacked on lots of charges, etc. In other words, it was a real mess.
I included both cards in my bk, of course, and both were listed as Chase.
I filed in August 2010 and was discharged in November 2010. In August 2011 (a year after I filed) I received a mysterious collection agency "offer" from Turning Point Capital to settle my Washington Mutual account for $20,000! Notice that they called it "Washington Mutual" even though it was now Chase.
I'm not sure if it was the collection agency or Chase that was trying to pull that one (they probably thought I would freak if I saw Washington Mutual -- that I would think that I had forgotten to include it. Very sneaky.)
Can you imagine if I had sent them $20,000 for an account that they probably paid pennies on the dollar for? There would have been dancing and singing in that office!
I sent them a letter informing them that they were violating the permanent injunction and I would be forced to take further legal action if they contacted me again. I have not heard back.
Filed BK 7 Pro Se: August 2010 341 Meeting: September 2010
November 2010
Closed: January 2011!!!
Jacko: Dell calls me 3 times a day. They also call me from phones all over the state of Washington.
No they don't.
Nowadays one can program pretty much any number and name they choose to pop up on your caller ID.
Technology - especially various aspects of VoIP - is well-loved by both sides in this game. Many amongst us couldn't live without Google Voice, collection agencies are the same way when it comes to their robo-dialers...
Good luck to us all.
No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.
shark: Well, then that's what they do. I get calls from Dell from everywhere in Washington state to include some very small town's. They always leave the same message.
Jacko: What do mean by throwing in the towel? You paid them. Dell calls me 3 times a day. They also call me from phones all over the state of Washington.
Chase sold my accounts with them to junkdebt buyers right around mid year 2011. Have not heard peep since and quite frankly don't care all too much anyhow as anything I own (very little) is exempt....
I am in default with Chase as of two days ago-I'll let you know what I hear from them in the coming weeks. Hopefully nothing-Citibank has been calling my GV number five and six times a day (I'm not even 30 days late yet)-my VM for creditors clearly states my name and address which in theory should keep them from looking elsewhere.
I am only about 11 months past due with Chase and received two 1099's from them yesterday. What's kind of funny about it, I offered ( like a fool) to settle with them about 5 or 6 months ago and never received a reply from them, after I wrote them a letter (offer).
I can tell you Chase made our lives a living hell. Before we filed Chap 13, we tried to do a mortgage modification. We did everything they asked and all the while they went right along with the foreclosure process. We were only a couple of weeks away from losing our house. They told us over and over not to worry, just keep filling out and send in paperwork to keep our house and modify our loan. They told us the foreclosure process was suspended because we are working it out. But I kept checking with the Sheriff's Department and with Chase's attorney and they were going ahead full steam. By the time we decided to get a lawyer and start the bankruptcy, the foreclosure sale date was already posted in the local paper and the sheriff served us with the paperwork. We just made it by a couple of weeks. I don't know how they can get away with all the things they did. We sent in packets of application forms that they claim they never got. We resent the forms and they got "lost" again. My phone calls would be transferred from one department to another before the call was simply dropped. At the very least I hope this stops them from screwing anyone else in the future. I wonder how many other people were too late and lost their homes.
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