What if original creditor suing me does NOT own the debt
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- Опубликовано: 5 мар 2021
- In this video, we answer a series of great questions including who in the world is "Trak America" and what does it mean when an original creditor transfers an account to this company.
Thanks for watching!
John
PS -- I forgot to record the screen that has the comment -- sorry about that -- I like for that to be on the screen so you can read it. I'll do my best to remember next time! :)
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamaconsumer.com/
www.alabamaconsumer.com/conta... (to send us a message)
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." Our free weekly webinar is here -- my.demio.com/ref/ZHxa8NhYRNAp... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
Thank God this Gentleman is revealing the truth about theses Evil debt Collectors
This was very helpful!!!!! Thank you!!
Your videos were so helpful
Thanks
The issue is that the original creditor wont say they sold it, but they don't say they haven't sold it either. They tell me to talk to trak america. I feel like the only time i can get straight answers will be in discovery and even then the deck will be stacked against me if OC, trak America, and the law firm (doubled as a debt collector agency) are all on the same team.
Yes this can be very frustrating! Here's a follow up video for you with a few thoughts. Best wishes!
ruclips.net/video/DBGuBxcQ3q0/видео.html
John
YOU are the original creditor.
If a bill of sale is attached to the defendant’s petition then the debt was sold to a debt collector/buyer since the bos is what a debt collector likes to use to prove they own the debt
Very interesting. In the latest book of papers I received from the lawyer for Plaintiff, there is an affidavit by the lawyer where he refers to the Plaintiff (debt buyer) but speaks as if he is talking about the original creditor, and in the same paragraph he refers to the Plaintiff as the debt buyer. So my question immediately was, "Which Plaintiff are we talking about? Who is suing me?" It's LVNV, but now it sounds like they are also referring to the Original Creditor, using "Plaintiff" to mean both of them. I will ask about this on Monday at the hearing.
I have another small (maybe big) question: The person who signed as the Notary Public for the Affidavit did not print their name after or under the signature, which is completely illegible, so if I wanted to question this person I would have absolutely no clue to who he/she is. Is that legal, to not have the Notary Public print their name? Thank you for all your videos.
Here are some thoughts for you -- good luck Jean! ruclips.net/video/DBGuBxcQ3q0/видео.html
John
@@johngwatts Thank you so very much, this has been so much help. That video is a gem!!!
Also.. during the pandemic, I opened a business. I used my credit card (I know.. only option bec the banks were all closed) and requested an increase in its spending limit. I was denied; yet the card example ($15k) continued to allow for another $15k in additional credit. I have both the federal and state laws regarding opt in or out on overdraft protection … but I also found some Covid related (temporary) laws. Firstly- thank you.. secondly- have you experienced that these consumer congressional bills and the agencies laws are relatively streamlined? Or would it be a good idea to cross reference all of the different protection laws? I hope this makes sense bec I don’t know quite how to describe it any better… again thank you so much
Funny how this is brought up because there is a company saying they are AT&T but their letter head is a collection company with no reference to AT&T on it
Great question -- answered it here hopefully! ruclips.net/video/DBGuBxcQ3q0/видео.html
Hi John, I'm being sued by Bank of America - the attorney they're using is the debt buyer. I called Bank of America to pay the debt, but they said they could not collect payment and I'd have to pay the debt buyer attorney. Does this mean the debt buyer attorney now owns the account, and that Bank of America should not be the legal plaintiff? Thank you for these videos.
Aha! Another thing to tell my Attorney to find out?
He may be aware of it -- I'm not sure this is happening everywhere but I'm seeing it in AL and in other states where I co-counsel with lawyers. Seems to be a growing problem....
you need to do one on citi bank they do this
Hey John im in Maryland.. Im being sued by Cap One and the attorney they're using is the debt buyer. I called Cap one and asked who do i make payment to, and they said to make the payment to attorney and then they will pay us. Does this means the attorney is the real debt buyer and Cap one sold it to them? please answer
I'm having the same issue and am wondering the exact same thing
i got this issue right now! Ejected from my property inherited I lived in last 47 years and dead on property records
And I never pledged my property or got a loan as Disabled persons cannot afford loans
I'm being sued by a bank on a credit card .
I have recieved a dept forgivness note .
What do I do ?
I just recieved one that the Original creditor is Elan financial but the suit reads U.S. bank national association d/b/a Elan financial service's
What happened ?
I'm been sued by a third party debt collector. I have a court date on May 2021. Do i still have to go to court after i file for bankruptcy?
Your bankruptcy lawyer will file a "suggestion of bankruptcy" in the state court where you are sued. That should stop it but definitely check with your BK lawyer. Best wishes and remember about your credit reports during and after BK -- ruclips.net/video/8UkjBZuew2w/видео.html
John Watts
@@johngwatts Thank you :)
Can you recommend someone from Iowa (Iowa city). The house loan company sold my loan, when the new company reached out my debt started from scratch as if I never paid a penny. 2 years with that home and they have me bouncing like if it was my fault.
Edith, check out www.consumeradvocates.org/find-an-attorney and this will let you find some consumer lawyers. I don't know anyone specifically in Iowa sorry.
Best wishes!
John Watts
@@johngwatts oh thank you so much!
Could you recommend someone in N.J.? already called your office and the lady said she could not
Reach out to me directly with exactly what you need -- is it being sued by a debt buyer, credit report errors, etc.
www.alabamaconsumer.com/contact-us/
Or you can look here -- www.consumeradvocates.org/find-an-attorney and you may be able to find some names you can contact on your own.
Best wishes!
John
@@johngwatts
Another question - as a precaution should you answer the lawsuit complaint even if you settle before the due date for the response?
Part 2...So does this qualify as what your are talking about?
If the original creditor sold the account to a debt buyer/ collection agency. Can the original creditor continue to report to the CRA’s ?
The debt buyer has never reported the debt to the CRA’s only the original creditor reported.
The debt is past the statute of limitations.
I disputed with the CRA’s - CRA’s investigation lasted 2 days and updated account with new information changing the status, date of last activity, date of last payment., closed to charge off.
I have a letter from the original creditor that they reviewed the CRA’s reports and they did not receive a dispute notification nor that I disputed with the CRA’s . Also the OC reporting has not reported the account is in dispute
How can the original creditor pull my credit report without my permission to review my file? The OC sold the debt yet the OC continues to report a derogatory account with the CRA’s including re-aging the account 3 times since I’ve disputed. Failure to mark as disputed.
I have all of the documentation.
Screen shots of credit reports, letter that I received from the original creditor/ debt buyer, credit reports, CRA’s verifying account as correct.
YOU are the original creditor.
That's an error/mistake on the person/company. It's a default judgment. Notice is necessary for estoppel.
I'm not sure I understand you -- who is the default judgment against? And where does estoppel come in? Thanks!
@@johngwatts the default judgment is against the person/company who is suing. I would accept the fact that I owe the debt. However, proof of claim needs to be disclosed to me/ prima facie evidence that it is in fact a presentment that I owe. My response to the Attorney would be a "contractual estoppel." Therefore any judgment made by the lawsuit would be "void on it's face."
@@johngwatts am I correct with my response to the letter? Thanks
Hi admin recovery debt collection sent me a email can I send it to you to check if there’s something wrong ? Where can I sent it to u ?
I shut the video off very confusing
good -- if something is not making sense, then don't continue to watch it unless you think you can figure it out watching it again. sorry this one did not click with you.
john
portfolio recovery is a joke..
Big company -- lots of debt they buy. When they break the law, the joke is on them -- they need to be sued....
@@johngwatts , I totally agree with you.