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Fataliya

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About Fataliya

  • Birthday 07/19/1973

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    Tampa, FL
  1. I cant believe my BabeCat pic isnt showing up anymore, dangit.
  2. It's been YEARS. Things are a lot different, to those who remember me from back then. New house, first brand new vehicle ever, Florida is awesome. Things have been great until the last few months. I have about 7 CC's. Most are Comenity, 2 are Synchrony. All was well until we found out MIL had Stage 4 cancer. Missed work to go see her in AZ. Got behind. Then Irma happened and we had to evacuate. Missed another 40 hours of work, Got behind even more. MIL passed away a few weeks ago, took 40 hours of bereavement (that we are still waiting to be paid on), and our last checks, were hit with double benefits, so that has been sent to payroll to fix but who knows how long that will take. My employer is notorious for taking an average of 6-8 weeks to fix things when it's NOT a holiday. So, I'm months behind. I decided to take 401k loan out to just pay these cards in full. My question is, how likely will they be to a) remove the late pays if I pay everything off totally, keep them open, so my score doesn't stay sunk? I'm going to pay them in full either way, I'm just curious if it's worth trying to GW letter or not. Thanks!
  3. I deal Blackjack in a casino, so I KNOW better.....but I still love me some slots. Give me a penny slot, $60, and some piña coladas, and I'm good for hours. I HATE playing table games. We spend like $10 whenever the Powerball gets super high.
  4. Chase had until January 4th under the 14 day UCC letter I sent. I have heard nothing. I HAVE to send this dispute in next day mail so the tax court gets it before January 12th. I plan on quoting the case in the first paragraph as to why I dispute it. As for the facts on which I rely, I'm going to put that I wrote a letter, sent it certified, signature required, etc, asking for accounting under AZ UCC. Within 14 days and have heard absolutely nothing back, and that I don't know what legal basis was used to issue the 1099-MISC since I received no income from Chase. Does that sound reasonable? Here's what I put: Under why i dispute: i never received any 1099’s from chase. I never worked for, nor received income from Chase, so dont understand why a 1099-misc was filed. Dont know why 2 1099’s were filed for what appears to be one account number. Sent a letter asking for a full accounting within 14 days under AZ UCC and received nothing in response. As for the facts I rely on, I wrote out the paragraph for McCormack v IRS. Also wrote out IRC section 6201(d). Hope I did it right. Hope I dont make an flowers out of myself in court (which I'm flipping out about). I truly appreciate all the help given to me in this thread. You guys are just awesome.
  5. Chase had until January 4th under the 14 day UCC letter I sent. I have heard nothing. I HAVE to send this dispute in next day mail so the tax court gets it before January 12th. I plan on quoting the case in the first paragraph as to why I dispute it. As for the facts on which I rely, I'm going to put that I wrote a letter, sent it certified, signature required, etc, asking for accounting under AZ UCC. Within 14 days and have heard absolutely nothing back, and that I don't know what legal basis was used to issue the 1099-MISC since I received no income from Chase. Does that sound reasonable?
  6. Ok, I'm hitting the post office in the morning to send the letter next day mail to Chase, then coming home and calling the IRS to see how fast I can get copies of those 1099’s.
  7. I have no idea. I never GOt the 1099’s from Chase. I only have the letter from the IRS, but all it says is 1099-misc. Can they really stick me twice for one debt? Dont they have to pick one or the other (which I assume they'd pick the 1099-misc)?
  8. Yes, the 1099-misc confused me and I spent a couple hours Googling. I tried "creditor sent me a 1099-misc", "bank sent me a 1099-misc", etc. the only thing I found was banks sending the MISC when there's some sort of financialmperk for opening an account,mwhich doesnt apply. There's a lawyer who comes into the casino I work at, so I'm gonna ask him if he knows any good, not horribly expensive tax lawyers...because I wouldn't know how to pick one if I had to. Should I wait to send off the dispute to the tax court?
  9. Here's what I have written out to send to Chase: My name is Fataliya. Under the Arizona Uniform Commercial Code Title 47-9616, I am challenging the amounts on 2 (two) 1099’s that JP Morgan Chase Chase Auto Finance National Recovery Group has filed with the IRS for tax year 2012. The first is a 1099-C for account #blah in the amount of $3,019. The second is a 1099-MISC also for account #blah in the amount of $5,000. I challenge both of these amounts, and am requesting an explanation within 14 days of receipt of this letter, as per the following statute: 2. "Request" means a record: (a) Authenticated by a debtor or consumer obligor; ( Requesting that the recipient provide an explanation; and © Sent after disposition of the collateral under section 47-9610. B. In a consumer goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under section 47-9615, the secured party shall: 1. Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and: (a) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and ( Within fourteen days after receipt of a request; or 2. In the case of a consumer obligor who is liable for a deficiency, within fourteen days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency. C. To comply with subsection A, paragraph 1, subdivision ( of this section, a writing must provide the following information in the following order: 1. The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (a) If the secured party takes or receives possession of the collateral after default, not more than thirty-five days before the secured party takes or receives possession; or ( If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than thirty-five days before the disposition; 2. The amount of proceeds of the disposition; 3. The aggregate amount of the obligations after deducting the amount of proceeds; 4. The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing and disposing of the collateral, and attorney fees secured by the collateral that are known to the secured party and relate to the current disposition; 5. The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and that are not reflected in the amount in paragraph 1 of this subsection; and 6. The amount of the surplus or deficiency. D. A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection A of this section is sufficient, even if it includes minor errors that are not seriously misleading. E. A debtor or consumer obligor is entitled without charge to one response to a request under this section during any six month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to subsection B, paragraph 1 of this section. The secured party may require payment of a charge not exceeding twenty-five dollars for each additional response. Thank You, Fataliya
  10. Quick question about the 2 1099s: the $3k one is a 1099-c. The $5k one is a 1099-misc. the Google tells me that 1099-c is for forgiven debt, 1099-misc is for income? I'm writing my letter out now, and I'm going to send it out registered, signature required, return receipt. Should I send off my dispute to the tax court now so I dont miss the deadline, or try and wait until I get something back from Chase?
  11. It does state dismissed " motion to set aside & dismiss without prejudice " Chase got into a big Brouhaha with the OCC for filing lawsuits without adequate proofs, misstated balances and false affidavits, and shut down their whole attorney network nationwide because of it. but I thought it was just over CC collections. but the dismissal happened in the right timeframe , 10/12/2012 So it looks like some righteous lawyer reviewed the case and decided that under AZ laws they wouldn't have been awarded a judgment if you had fought it http://www.americanbanker.com/issues/177_7/jpmorgan-chase-consumer-debt-collection-1045606-1.html JAN 10, 2012 5:55pm ET JPMorgan Chase & Co. has quietly ceased filing lawsuits to collect consumer debts around the nation, dismissing in-house attorneys and virtually shutting down a collections machine that as recently as nine months ago was racking up hundreds of millions of dollars in monthly judgments ---- "Someone from New York brought in the three lawyers, kicked them out with no warning and dismissed all their cases," Salzberg says. "These were people who were by the book. … If they weren't the most profitable [of Chase's regional collection teams], they sure as hell were making a lot of money for the bank. … Obviously something happened." you can't send a FDCPA DV letter to Chase - it has to be an request for accounting under AZ UCC laws. http://www.azleg.gov/ArizonaRevisedStatutes.asp its in Title 47 - Uniform commercial code 47-9616. Explanation of calculation of surplus or deficiency; definitions Send them a letter challenging the amounts on the 1099c ask for an explanation under AZ law as per the statute 2. "Request" means a record: (a) Authenticated by a debtor or consumer obligor; ( Requesting that the recipient provide an explanation; and © Sent after disposition of the collateral under section 47-9610. B. In a consumer goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under section 47-9615, the secured party shall: 1. Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and: (a) Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and ( Within fourteen days after receipt of a request; or 2. In the case of a consumer obligor who is liable for a deficiency, within fourteen days after receipt of a request, send to the consumer obligor a record waiving the secured party's right to a deficiency. C. To comply with subsection A, paragraph 1, subdivision ( of this section, a writing must provide the following information in the following order: 1. The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date: (a) If the secured party takes or receives possession of the collateral after default, not more than thirty-five days before the secured party takes or receives possession; or ( If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than thirty-five days before the disposition; 2. The amount of proceeds of the disposition; 3. The aggregate amount of the obligations after deducting the amount of proceeds; 4. The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing and disposing of the collateral, and attorney fees secured by the collateral that are known to the secured party and relate to the current disposition; 5. The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and that are not reflected in the amount in paragraph 1 of this subsection; and 6. The amount of the surplus or deficiency. D. A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection A of this section is sufficient, even if it includes minor errors that are not seriously misleading. E. A debtor or consumer obligor is entitled without charge to one response to a request under this section during any six month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to subsection B, paragraph 1 of this section. The secured party may require payment of a charge not exceeding twenty-five dollars for each additional response. Thank you so much! I will work on this today!
  12. Ohhh, ok. Well, I don't know how else to find out why exactly it was "set aside", but I notice it doesn't say "dismissed", so....I'm not sure what the current status is. In the meantime, I guess I should send a DV letter first, while also disputing the tax issue and set a court date?
  13. Keep in mind that creditors do not like to file 1099-Cs. They get zero benefit from doing so. It has no effect on their taxes -- it's just required paperwork when IRS "triggers" occur. One of the triggers can be a dismissal but it depends on the reason. One possibility is that if it was dismissed and Chase decided against pursuing it further that would result in them being required to file a 1099-C. What is confusing is that you got two 1099-Cs. That shouldn't happen for the same debt. What was the reason for the motion to vacate judgment? I don't know, the picture I posted is all that was there. There was no way to click on it. I found that on AZ's court search. Let me try PACER. I can't find it on PACER at all.
  14. Keep in mind that creditors do not like to file 1099-Cs. They get zero benefit from doing so. It has no effect on their taxes -- it's just required paperwork when IRS "triggers" occur. One of the triggers can be a dismissal but it depends on the reason. One possibility is that if it was dismissed and Chase decided against pursuing it further that would result in them being required to file a 1099-C. What is confusing is that you got two 1099-Cs. That shouldn't happen for the same debt. What was the reason for the motion to vacate judgment? I don't know, the picture I posted is all that was there. There was no way to click on it. I found that on AZ's court search. Let me try PACER.

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