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Charged off private student loan - Patenaude/Felix suing on behalf?

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    Charged off private student loan - Patenaude/Felix suing on behalf?

    If a private student loan was charged off years ago by National Collegiate Trust (credit report says closed, charged off, transferred to recovery) and Patenaude/Felix are now (according to court documents) the atty's for National Collegiate Trust - but when I call National Collegiate Trust they say they no longer own the debt and no longer have my records. So P and F bought it, right? So they aren't really suing to collect as the atty of NCT but for themselves?
    Originally this was a Chase private student loan, then bought by NCT (I realize that the trust is a bulk of loans bought by NC). P and F responded to a DV letter with documents that show Chase loan was given to NCT and a document that says they are legally able to collect on behalf of NCT, but they are a junk debt buyer (P and F is) right? My point/question that has already taken too long to spit out is that I don't owe P and F - I owe NCT/Chase so what is my recourse with a collections suit that clearly is just a junk debt buyer......?
    Teacher Momma

    #2
    If Chase sold the debt, then you owe whoever they sold the debt to. If P and F are listed as the plaintiff, then they apparently are claiming to be the current owner of the debt. If they are the attorney filing on behalf of somebody else, then the complaint should name their client as the plaintiff. One way to fight a lawsuit from a JDB is to force them to prove they are the current owner of the debt. Sometimes, they aren't able to do that. Also, if the statue of limitations on collecting the debt has run, you will want to use that as a defense. You may have other defenses too.

    If you have already been sued, I suggest you consult with an attorney right away.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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