Chase Debt Validation ( not exactly)

[optimistic1]

If they gave consumers Business Cards without a business just to get around the FDCPA then they may have a problem. I dont know. The DV was filed.

I will leave it alone at this point and wait until they come crying for a settlement BIGBOY2U. I will keep you posted.

Not to kick you while you are down but....

That statement is false, they would not have any concern as to the FDCPA, they need not abide by it. Got it? You cannot DV the original creditor, please read the fdcpa.

[clo]

Optimistic1 I'm not down, I'm optimisitc here :-).


I will give the FDCPA a read over in time. In my statement I said they MAY have a problem. The though came unresearched which is why I say they MAY have a problem.

BIGBOY2U,

I checked with my lawyer. He said they cannot attach any part of the debt to me for all reasons stated above. He said in order to get judgment they have to serve her or keep the case active. They can do so by having a special process server and the like. Will they hire one? Maybe but it just keeps their cost going up. Their right to sue ends when they have not filed suit or the suit they file remains inactive for 3 years.

Even if they get judgment they cannot force her to work and they cannot force her to file bk. I say let the game begin.

Why are you so negative? I'm following Optimistic1 here maybe you should take some lessons LOL.

[optimistic1]

The though came unresearched?

Must be a typo,

clo,

your right they cannot force her to do anything, but the judgement will remain valid for years, so sooner or later, it will catch up.

the creditor will sue you before the statute of limitations runs out, they just will.

[clo]

forgot the t for thought and as you can see I rush ...do not take time to edit and spell check ...bad habit.. Sorry

The hope is the will not sue because we will have worked out a lump sum settlement. Other forums are reporting the average with Chase is 35% of the debt. I will check back with them at the 160 day mark.

[NoMoreCards]

Please keep us updated on this one.

In the meantime, I will grab a comfy chair and a bowl of popcorn.

Thanks...good day everyone

[BigJohn]

The though came unresearched?

Must be a typo,

clo,

your right they cannot force her to do anything, but the judgement will remain valid for years, so sooner or later, it will catch up.

the creditor will sue you before the statute of limitations runs out, they just will.

Not everybody gets sued.
Why? I just do not know.

Back in the mid 90's I walked away from a business and I didn't get sued. A few years later, I started another business and had no problems from the aftermath of the other business.

[BigJohn]

forgot the t for thought and as you can see I rush ...do not take time to edit and spell check ...bad habit.. Sorry

The hope is the will not sue because we will have worked out a lump sum settlement. Other forums are reporting the average with Chase is 35% of the debt. I will check back with them at the 160 day mark.

Has your lawyer given you any advice on settling?

Depending on the type of lawyer he is, he might be able to get this resolved sooner.

[BigJohn]

Optimistic1 I'm not down, I'm optimisitc here :-).


I will give the FDCPA a read over in time. In my statement I said they MAY have a problem. The though came unresearched which is why I say they MAY have a problem.

BIGBOY2U,

I checked with my lawyer. He said they cannot attach any part of the debt to me for all reasons stated above. He said in order to get judgment they have to serve her or keep the case active. They can do so by having a special process server and the like. Will they hire one? Maybe but it just keeps their cost going up. Their right to sue ends when they have not filed suit or the suit they file remains inactive for 3 years.

Even if they get judgment they cannot force her to work and they cannot force her to file bk. I say let the game begin.

Why are you so negative? I'm following Optimistic1 here maybe you should take some lessons LOL.

Glad to see you got some sound legal advice.

[BigJohn]

If SHE tells them she is sick and can't pay and doesn't have a hope of paying anytime soon until she's better and oh whatever will she do she feels so bad but has to focus on her health right now....

Then they'll put you through to the hardship program. You can't ask for it by name - it doesn't exist. ;-) It may take several tries with different reps.

// Was sick once and tried to "work things out" without mentioning illness, failed
/// Not having health insurance == extra pity points, learned that too
//// Everyone but WAMU seems to have a hardship department. Citi's is the best - so is Dell Financials
///// Still filing chapter 7 anyway

If a person is definitely having a hardship, they can get into a hardship program.

If a person can not get the creditor to put them into a hardship program, there are plenty of government agencies that will help (for free) to get you into such a program.

The hardest part about being sick, etc. is having a clear head so as to know where to go for help. Help is available it is just finding out where to go.

[clo]

Just like if you stick your head in the sand between the train tacks you wont see the train coming no matter how many times someone tells you this is not a good place to bury your head.

Ya, kind of like my avitar...

Actually I have seen Optimistics point of view on how this all works change considerably since when he first arrived here. I don't really need any lessons from him....LMAO

I need to go make a thread about other forums now since I see a new topic here....

Well it is better to be in the sand instead of up my a$$ LMAO

[BigJohn]

Is clo the same person as trailer trash?

[clo]

Trailer trash?

City boy born and raised here.

[clo]

Big John I searched trailer trash and found another member with that user name as I was confused by your post. No I'm not that person or related to that person in anyway.

[clo]

Paging Mr. Know it all... LOL just teasing


Unrelated to the Chase issue she is dealing with Citi on her other card. She is a little further behind on that card than expected. Nevertheless it is a good thing. I'm keeping BIG BOY updated as I promised I would since he said I cannot dictate to the CC companies what is going to happen.

I called citibank. I was automatically routed to collections. When I asked to speak to someone in collections the CSR explained that I had reached the right place. I explained that she is unemployed with 0 assets and now 0 income and because of her health will not be returning to work. I explained that she has no income or ability to pay them and their continued efforts to settle would not produce any payments. I explained that I would be willing to work out a settlement with them depending on the circumstances.

The lady said the account was eligible for a settlement of 65% of the current balance. I explained to the lady that it would not work for me. I explained that her options are to file bk or settle with her creditors on limited funding. I explained that I did not have the over 6000.00 to pay the lump sum at 65% and really needed a payment plan of some type that was not long term. I explained to her that I had read online some credit card companies are willing to settle the debt for 20 to 30 percent in some situations. I explained that if they were able to work that amount out then I would be willing to pay them that amount over 4 payments. She said that it was possible but would need special approval from a manager and the ones that could offer that had left for the day. She said she was going to see if she could get approval tomorrow and call back. I asked if there is no answer to leave a voicemail so we would know if it was able to be worked out at that amount or if she should just proceed to filing BK. The collections CSR made sure to let me know that she would rather try to get the 20 to 30 percent settlement with a 4 installment payment plan then have her file BK.

Is this a done deal the obvious answer is no. It is however a step toward a pretty fast settlement before the fees and 30% APR pile up. I will let you know what is said tomorrow. If they do not get to the magic percentage of settlement then we will just wait until they are a little more motivated.

[BigJohn]

Big John I searched trailer trash and found another member with that user name as I was confused by your post. No I'm not that person or related to that person in anyway.

I know you are not that person. Trailer trash is another name that one predominate poster uses for whatever reason.

I apologize for what I said.