Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 05-19-2006, 10:50 PM
JFRogers01 JFRogers01 is offline
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Question Here we go!!!!

I sent 2 VOD on May 1st To SHERMETA,ADAMS & VON ALLMAN C/O T.P. GRUSA.A Debt Colector for Diamler Chrysler, Over a van that Diamler Chrysler refused to fix. it was at a dealership for 5 months before we told them to come and get it, This van was used in our business and was our only sorce of income. Anyway, we recieved a Letter back from her on May 9th stating she recieved our letters and Inclosed a Small COPY of the contract and a break down of the vehical disposition. and a short note, that by providing this info SHE concidered the debt validated. we sent her back 2 cirtified letters Thanking her for her letters but it was non-responsive to our May 1st Conditional Offers. We are on the road right now and have heard we have cirtified letters waiting for me and my girlfriend, from her. What do you guys and gals think her next move is , and how should we counter. May 22 will be 21 days from our May 1st letter. Thanks you!! Guys & Gals, Were having fun now!!
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  #2  
Old 05-19-2006, 11:36 PM
masterduke masterduke is offline
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My guess is their next move will be to a summons and complaint issued thru your local court. Maybe you could file suit against them first and put them on the defensive. Jaylon is becoming quite a warrior in this area. Sounds like your car had some real problems, would those lemon laws apply? Since their attorneys, its a given that they will move on this. Finding a competent consumer advocate attorney may also be something to consider. Start learning where stuff is located at your local law library if you don't know already.
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  #3  
Old 05-20-2006, 10:39 AM
JFRogers01 JFRogers01 is offline
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Just a litte history

From what I have seen Lemond laws dont apply if you use the Car or truck in your busness, only personal cars and truck apply. I have tryed to get a lawer and no one will help me. Not one, out of 7 or 8 that i have called will help. Thats how I found this site. If they have all ready started with the courts wouldent I have been served? This is just a cirtified letter waiting for me at the post office. And she is still Non-responsive to my VOD and CPN. do i need to file any of the papers i have sent with the courts or county i live in?
See when I tryed to take them to court before i was informed by an lawer that the contract had an arbortration clause then i was denied abortration by Diamler Chrysler I also have been in contact with the new owner of the van Witch is running fine now, as he fix it for little to nothing. The dealer had claerance from Diamler Chrysler (DC) to replace the head the dealer refused to, told DC. that the motor was shot, then when i tryed to despute. DC. revolked their offer, the van was repoed from dealer 6oo miles from my home. sold at a KY. auction for $2,800 then sold on E-Bay for 11,800. the guy that bought it called me to find out what was wrong. He put the motor back together(witch was in a 1000 Pc. in the back of the van) Repaired a broken bolt. Yes, a broken bolt ,1 broken bolt! Thats why I will fight them with anything I can. I am so greatful i found you guys and gals. any and all help is so welcomed
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  #4  
Old 05-20-2006, 06:51 PM
iamfreeru2 iamfreeru2 is offline
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Quote:
Originally Posted by JFRogers01
From what I have seen Lemond laws dont apply if you use the Car or truck in your busness, only personal cars and truck apply. I have tryed to get a lawer and no one will help me. Not one, out of 7 or 8 that i have called will help. Thats how I found this site. If they have all ready started with the courts wouldent I have been served? This is just a cirtified letter waiting for me at the post office. And she is still Non-responsive to my VOD and CPN. do i need to file any of the papers i have sent with the courts or county i live in?
See when I tryed to take them to court before i was informed by an lawer that the contract had an arbortration clause then i was denied abortration by Diamler Chrysler I also have been in contact with the new owner of the van Witch is running fine now, as he fix it for little to nothing. The dealer had claerance from Diamler Chrysler (DC) to replace the head the dealer refused to, told DC. that the motor was shot, then when i tryed to despute. DC. revolked their offer, the van was repoed from dealer 6oo miles from my home. sold at a KY. auction for $2,800 then sold on E-Bay for 11,800. the guy that bought it called me to find out what was wrong. He put the motor back together(witch was in a 1000 Pc. in the back of the van) Repaired a broken bolt. Yes, a broken bolt ,1 broken bolt! Thats why I will fight them with anything I can. I am so greatful i found you guys and gals. any and all help is so welcomed


Sounds to me like a Debt Collector may get involved in which case they may file suit. If they do then file an answer and counterclaim as I have suggested in another thread. This is not difficult to do and you can PM me and I may be able to offer some help.

I had a commercial truck that I turned back in about 3 years ago that I was told I owed over $28,000 on. It was even placed on the credit reports as voluntary repo. I filed a UCC-1 on it and noticed the dealer and shortly thereafter it was removed from the reports and I have never heard another word about it. The alleged debt is gone. That was a lease and not a purchase, however. I would not suggest you do that. Just showing that these matters can be taken care of in different ways.

What I would do is wait and see what happens next. Then go from there.
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  #5  
Old 05-20-2006, 11:10 PM
masterduke masterduke is offline
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Theres a small chance that the certified letter may be from the court noticing you of a summons and complaint (thats how my dealings with wolpoff began) I never picked it up but in the regular mail a summons also arrived like a week later so I was stuck anyway. Don't bother picking up that letter. If they want to get in touch with you they will figure a way. Don't help them. Iamfree has had success in dealing with these weasels. Jaylon is another who has taken the bull by the horns by filing suit against them first. Putting them on the defensive which is not their usual method of attack. So they end up having to defend themselves right out of the gate. I don't think they like it, Oh Well
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  #6  
Old 05-21-2006, 03:23 PM
JFRogers01 JFRogers01 is offline
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Why do I feel so good !!!!

You Guys& Gals are great!!!!
I have had 1yr off hell over this van. you folks, and the info i have read on the site has givin me a lite at the end of the tunnel. I Thank you

The letter is from SHERMETA, ADAMS & VON ALLMAN The third party debt collector They handel all the debt collection for DIAMLER CHRYSLER, any one else had to deal with these monkeys? and I do have a lot to counter claim with but with D.C. not SHERMTA ADAMS & VON ALLMAN How would i handel this situation? Thxz. J Rogers
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  #7  
Old 05-21-2006, 07:04 PM
iamfreeru2 iamfreeru2 is offline
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Quote:
Originally Posted by JFRogers01
You Guys& Gals are great!!!!
I have had 1yr off hell over this van. you folks, and the info i have read on the site has givin me a lite at the end of the tunnel. I Thank you

The letter is from SHERMETA, ADAMS & VON ALLMAN The third party debt collector They handel all the debt collection for DIAMLER CHRYSLER, any one else had to deal with these monkeys? and I do have a lot to counter claim with but with D.C. not SHERMTA ADAMS & VON ALLMAN How would i handel this situation? Thxz. J Rogers

You may want to search this thread here for freeindeed's posts where he has posted some letters that I used successfully against debt collectors that I shared with him. You can PM me and we can discuss what is your next step. There are also documents in the download section regarding VOD you may want to use. I believe Jerseee has a good one there.
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  #8  
Old 05-27-2006, 01:16 PM
daniel1
 
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i am doing discovery

I am in the middle of a debt collector for americredit threatning to repo my car. I initially did a notarial protest,which obviously the bank ignored. When i got the initial summons and complaint the best best thing to do is discovery. It works.. YOu first request a submission for admissions and then request a production of documents. That gives them 30 days to repond. What you want to do is prove the fraud. I can show you the request of production of documents and admissions you send. NOw if they are evasive on your admissions and production of documents you then file a motion to compell. This will motion the court to force them to cough up the stuff. The other thing you do in addition to this is request a deposition. What i mean a deposition is you send a request of deposition to the attorney telling them you want someone who is knowledgeable of the alleged contract and the bookkeping to come on up here so you can depose them. Meaning you aske them a bunch of questions to help prove the fraud. I have a list of about 200 questions to ask. They can't deny you the right to depose someone. YOu have the right to question the plaintiff. They dont like this though. They have to pay to have someone come up. The main thing in all this is you want that original note. YOu request that in the request for documents. I have several several cases that show you need to have that original note. YOu want them to bring that original note cause then you can prove its a forgery. They write stuff on the note after you sign it . They never have the note though cause they take that and deposit it and fractionilize it times 9. Anyone have more questions i will be more then happy to explain more of it or show it to you. When you go to court the judge is going to in plain words think the bank is hiding something so the judge will say come back when you got the correct documents. Also they most likely wont bring anyone so you can depose them so that will be another thing good for you. YOu have every right to question the plaintiff. They are the ones that are bringing you into the ring. Ther is no case if you can't defend yourself. My personal email is benzboyb@yahoo.com
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  #9  
Old 06-09-2006, 07:04 AM
JFRogers01 JFRogers01 is offline
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The #$%@!& wolfs are hungry! Lets fed them PAPER.


Thanks for your input, an offer to help. I have the server banging on my door every other day. I will not accept his papers till i have a clear plan. This is for a $27,000 loan balance, from a van Diamler Chrysler kept at their dealership for 4.5 months waiting to be fixed and then pulled their offer after the dealer told them the motor was bad (just a lie to sell a motor) then I find out there is an abritration clause in our contract I could not find 1 lawyer to take the case so i had no choice but to surender the van as it was 600 miles from our home. It was sold at Their action for $2,800 then a week later it was sold on E-Bay for $11,800 the new owner calls me to find out what was wrong, I tell him. He takes the head to a shop extracts 1 broken bolt and is driving the van proper. so any help to make D.C. eat their loan paper would make my day.
Thanks again J Rogers.
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