fivewires

I received a reply to affirmative defense What should I do now? Premium Asset Recovery Corp., through counsel, files this Reply to Affirmative Defense And in support thereof, states the following in response to each affirmative defense: 1. In response to Defendant’s claim that the statute of limitation has expired, Plaintiff asserts the following. a. Plaintiff asserts that the present cause of action falls within the five-year statute of limitation, which applies to contract founded upon a written instrument. This action involves a Gateway credit card, the use of which is dependent upon Defendant’s promise to abide by the terms and conditions set forth within the written card holder agreement. Plaintiff asserts that Defendant agreed to the written terms and conditions each and every time he used the card; therefore, the five-year statute should apply. b. Pursuant to Gateway credit card statements previously submitted to the court and Defendant via notice of filling, Defendants last payment was made July 17, 2001. According to the Verified Return of service, Defendant was served on August 8, 2006. Consequently, this claim falls within the five statute of limitation. This is what they sent me, do I need to respond with copies of case law to prove my case or what. even if the sol is five years the time stated here from them is more than five years. they made comment to the the agreement in which they provided a copy to me and the court but the actual date on the agreement that they provided says 2003 on it and did not exist in 2000 when this agreement was started.

Damn! Now how am I going to unload that stupid bridge?!?! And no I am not a troll! It's not bs when someone gets scamed and it effects their life like it has What would you do if this happened to you?

It's been a long time but I had a serious problem like I said before I thought the bank was going to sue me to try and collect the 18000 but they haven't as yet. Don't know what happened but the bank changed hands since this happened and now goes by another name. But it is still on chexsystems and i cant get a personal bank account but I did manage to get a business account at BOA when I inc'ed whith a EIN. I relize that you got to make fun a little, It's kind of like when someone falls and bustes flowers it hurts like hell but if you look at it on felm later you cant help but to laugh. I asure everyone on this board that every thing I said about this is true and it is a very serious problem and I am not the only one this has happened to and are in the same shape I'm in right now. I'll tell you it has sparked lots of interest I see the op I posted has been read over 5000 times, that's got to be some kind of record.

I have an old Gateway credit card acc I did not pay a ca has filed suit against me I have to go to court monday Aogust 28 Monday for a pretrial conference/mediation hearing. I am not sure what that means but this account was charged off in 8-2001. the ca has tried to tell me that the sol in Florida is 5 years but all the sites I looked at says that it's 4 years. I tried to look at the actual statute for Florida but it's not really clear. going by the date of the charge off it has been 5 years but they filed in July. This guy got mad on the phone when he called when I told that I doubt the vality of the debt and that even if it was valid the sol to collect is 4 years. He called me a lyer and said it was five years.[font=Arial any comments would come in handy since I have to go to court monday fivewires@bellsouth.net http://creditboards.com/forums/index.php?showtopic=181842 "Right on with the case law" Do ca's even have a chance with this site active. This is really cool but I don't know what to do with it. should I just make copies and present them in court to prove what the law is or should I file with some kind of answer. I allready have copies of the last statement from Gateway to prove the date of last payment thanks to the ca sending them to me. It says on the order from the pretrail meditation Parties have 20 days to file witness list and copies of documents needed for trail. Original list is to be filed with the clerk and a copy to the apposing party. Im not sure what to do.

Where would I find case law records? When I go to back to court is all I have to do is present records of the last payments as proof of sol or do I have have to put it in writing and prove to the Judge that the sol law exist in the state Of Florida. The Judge said if I have any witnessess give the court a list of them to have supenaed but I dont I need any. Should I get someone from Gateway to appeer to prove when last payment was made

I have an old Gateway credit card acc I did not pay a ca has filed suit against me I have to go to court monday Aogust 28 Monday for a pretrial conference/mediation hearing. I am not sure what that means but this account was charged off in 8-2001. the ca has tried to tell me that the sol in Florida is 5 years but all the sites I looked at says that it's 4 years. I tried to look at the actual statute for Florida but it's not really clear. going by the date of the charge off it has been 5 years but they filed in July. This guy got mad on the phone when he called when I told that I doubt the vality of the debt and that even if it was valid the sol to collect is 4 years. He called me a lyer and said it was five years.[font=Arial any comments would come in handy since I have to go to court monday fivewires@bellsouth.net

Do banks look at chexsystems when you open a business account with a EIN number. I don't know if they cross it with a ss number.

Yes but most of us will realize we were stupid once and it was our fault we got ourselves into trouble. OP is making out like it's the banks fault he/she was gullible... Cargojon.....I am in no way shape or form making out that it's the banks fault that I was gulible! If you were to read the post you would know that the only thing I blaine the bank for is what they did with the check that is against the law.

I guess you think this was the pesons fault Too, this is from another board. A little background...My purse was stolen out of my car on Memorial Weekend. In it was my drivers liscense, social security cards for me and my husband and kids, my atm/debit cards, credit cards, checkbooks, etc... I called them in stolen, and made a police report. The burgular attempted to use my cards. Washington Mutual Bank denied the charges, but charged me a $23 NSF fee everytime the theif swiped my debit card at a gas station. I ended up with $550 in NSF fee's, within 2 weeks. I never received any notice from my bank, and guess what? They closed my account and reported me to ChexSystems. I also bank with another bank, Union Bank of California, who, since I am now in ChexSystems, is closing my account, which by the way, IS IN GOOD STANDING. My home based business is now ruined, since I am not allowed to accept credit cards, due to chexsystems, and I am screwed because my husband can not cash his payroll checks. We are already low income, and will most likely end up homeless or on welfare, because there is no way we can pay the check cashing places to cash his payroll checks, and I can no longer work from home. We have 4 kids and can not afford childcare for me to work outside the home. Therefore, we are facing losing our home due to not enough income t o pay the bills. All because of a stolen purse....And before you ask, YES, I showed the banks my police report and they don't give a $#%!@. They said, SORRY....You'll have to wait 3 years to open another account. So, any help you can give me would be greatly appreciated. I can be reached at MrsCR0W@aol.com. (The 0 in CR0W is a zero, not the letter.) Do you have any web address' for the places you suggest we report to? Thanks, Hayley Crow Palm Springs, CA For people that have read my post, this is a perfect example of how the banks are wrecking people's life. The are actually helping the crooks rip people off. This almost reminds me of the stories of a women getting raped then they put her on trail and further victimization and say it was their fault. I honestly think there should be laws placed into effect that say in order for a bank to report something like this that has been created by any kind of criminal act should not be reported without Due process.............. and a Judges signature saying it was the victims fault. It sounds like this person has good grounds for a civil suit against the bank just like a lot of other people that are victims of some sort of crime. But unfortunately to get an attorney to take a case like this it cost around 2500 dollars just to start and most people that get this kind of treatment are people that carry a low balance on their account and don't have 2500 dollars. This is a way that a bank can avoid having to deal with people that don't carry a lot of money in their account so the bank cant make any money on them. In a way you can look at it this way if I had a bank why would I want to hold the little bit of money that you have and provide services to you for free. Well they don't want to, I don't like working for free either and don't know anyone that does. When you carry a low balance on your account that's what the bank is doing by the thousands, what ever is necessary to get rid of liabilities such as low balance accounts. I bet you wont find this happening to people that carry large balances on their checking account. The banks would be stupid to do that because of the money they make on the high balance accounts.

I have been reading lots of these post and there seems to be a lot of very intelligent people on this board. It looks like everyone is headed in the same direction. There got to be a great mind in here somewhere. I know there is, maybe someone will come up with a step by step solution to a very serious Problem, Believe it or not there is lots of people that this same thing has happened to.

<{POST_SNAPBACK}> so was it your marriage or the divorce that made you gullible? <{POST_SNAPBACK}> If you really must know I don't think it was ....WAIT a minut..... were getting off topic. We will have to wait for the book.

Thank you

Because there was the promise of MORE money coming if this amount was sent. That's the beauty of the scam - easy lots & lots of money. In reality, there isn't much any of us can do to help with the money loss. However, anyone know of any banks (online or off) that may open an account for this person????? <{POST_SNAPBACK}> Now were talking business, that's what my major problem is. I have to get a business banking account in order to receive and deposit checks that are made out to my company. I guess I owe an explanation of why I was so gullible at the time this took place and I think this may clear up some of the views and opinions of some of the readers and posters on the board as to my integrity. I was married for 22 years shortly before this took place and my wife moved in with my at the time I thought best friend the guitar player in my band. I had a hard time living in the same town and seeing this guy ride around in a car and living in a house with my ex that I worked my flowers off and paid for. We got Divorced and da da da I'll leave rest to your imagination........................ I have ran my business for over 10 years before this and now I have moved to a new location and trying to get my head screwed on strait and get my business going again.

I knew he was full of cow turds! LIAR LIAR PANTS ON FIRE! <{POST_SNAPBACK}> That is hilarious!!!! I spit my drink out on my computer screen, but that's OK. I'll wipe it up with my brand new towel. It only cost my 18000 dollars. the money was sent to me by Western Union. <{POST_SNAPBACK}> Maybe we should send the FBI to your house then. I guess there has to be a little humor in everything. lol

I wish this was something I made up, it's been a nightmare trying to get a bank account in order to run my business because of what the bank put on chexsystems. I scanned the letter from the banks attorney and I wanted to post it and a copy of the check but I cant figure out how to add an atachment to the post. But this is what it said. Dear Mr. XXXX RE:Big Lake National Bank Please be advised that this firm represents Big Lake National Bank in the matter of the check in the amount $18,100.00 which was deposited into your account and subsequently returned due to the account being closed. I understand that you may have been defrauded by a person or persons unknown, however, Big Lake National Bank makes funds available to it's customers as a courtesy subject to the ultimate clearance of the check. No matter is concidered closed until the instrument has been honored. Unfortunately, in this case, the check clearing system through the Federal Reserve apparently took longer than is customary through no fault of Big Lake National Bank. Big Lake National Bank has made a referal of this matter to the appropriate Federal Agencies and has made an inquiry through the Federal Reserve system and has yet to receive a satisfactory explanation as to the delay. Nontheless, it is your responsibility as the initial depositor of the check to return the funds that you withdrew or otherwise deposit sufficient funds to clear the overdraft status of your account. Big Lake National Bank certainly regrets that the check deposited by you was ultimately returned however, the situation was neither caused nor aggravated by any action of the bank. your promt attention to this matter will be appreciated and should you need to request an installment repayment, please contact my office and ask for my secretary, Jill and we will forward your request. With kindest regards..... This is what they put on on my credit report. There are two entries 1 reported 9-21-04 NUN-SUFFICIENT FUNDS (nsf) ACTIVITY Original charge off amount $18,205.00 2 reported 8-20-04 SUSPECTED FRAUD ACTIVITY Original charge off amount $18,000.00 I don't know why they put the original charge off amount as 18000 it should of been 18100 but I guess the bank don't make mistakes.