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gwenny

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  1. I have nearly $75k in student debt. Approximately $36k of which is [stupid, ignorant-of-me-to-do] Parent Plus. After our Chap 13 discharge in early 2018, I have been trying to establish a payment amount with the DOE. They calculate me as being able to afford over $400/month in minimum payment. I cannot. The best I can do is $300, and, even that is seriously pushing it. The problem is that my husband works for the power company and earns overtime. Of course, it's sporadic, but, certainly is added into that W-9. I am currently trying to get the DOE to work numbers that do not include O.T. pay, and only utilize steady and predictable income. I do not want to sit under this debt. However, I have serious heartburn/Afib over agreeing to an amount that I know I cannot afford every month. Additionally, I work for our local school system - but as an elementary school secretary. I've worked there for 9 years, now. Should I be able to qualify for the PSLF? If so, at what point do I apply?
  2. Maht87 - thank you for that insight! It seems pretty obvious, but, I really hadn't picked up on how their garbage works! I have not yet done the pre-qualification on the Capital One site. Hubby and I are still on the fence about what to do. Our entire car situation is a great big soap opera in and of itself. Told hubby that OUR 'used car lot' is now down a vehicle since son totaled the one I'm trying to replace.
  3. Thank you, Marv. I will try that. At risk of sounding obtuse, I presume I can find the or pre-qual info on the Cap1 site?
  4. Good Morning, Yesterday afternoon, my son was in an accident - he rear-ended someone that had stopped in the middle of the road to look at a For Sale sign. Of course, he was charged. Hubby & I just successfully completed a 5 year Chapter 13 and we're just getting started triaging our credit report / attempting to rebuild credit. This car needs to be replaced, but I am concerned about: 1) being approved for an auto loan due to our credit score 2) if we ARE approved by someone, I don't want that company to be on a baddy list AFA looking cruddy on our report (thinking places like rent to own furniture, etc) My mind is telling me 'one thing at a time', but, I'm still torn. Do we go ahead and see what a dealer can do for us? What about those 'We finance everyone' places? Has anyone had experience in getting a reasonably normal auto loan very shortly after Discharge? I. Hate. Credit. It makes my stomach hurt! Any good info/links/etc. appreciated.
  5. UPDATED Information: We are now attempting to complete our answers to the Interrogatories Pro Se as we have not found an attorney that will take our case due to the amount of work involved and the fact that the attorney's "won't make enough money" off the case. Hey, I can appreciate shooting straight from the hip, but, OUCH. But I am wondering (before worrying about the interrogatories which are due TOMORROW) if I have already sealed our fate. I did not add Affirmative Defenses to our answers to the Summons. Are we done? In regards to our answer to the summons, this is what we submitted: IN THE CIRCUIT COURT OF xxxxxx COUNTY, WEST VIRGINIA WELLS FARGO BANK, N.A., Plaintiff v. CASE NO. xxxxx xxxxx and xxxxx, Defendants ANSWER Now comes Defendant, xxxxxxx, Pro Se and files this Answer to the above captioned complaint. 1) Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2) Defendant admits resides at address indicated. 3) Defendant admits resides at address indicated. 4) Defendant denies the allegations as Defendant did not apply for a Wells Fargo Bank N.A. SmartFit Home Equity Line of Credit in October 2005. 5) Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof 6) Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof including all original invoices, statements, and merchant receipts associated with contract. Defendant demands strict proof thereof. 7) Defendant denies the allegations as no Right to Cure letter including reinstatement amount was received despite multiple phone calls and letters to Wells Fargo. 8) Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 9) Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof including all original invoices, statements, and merchant receipts associated with contract. Defendant demands strict proof thereof. 10) Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof. 11) Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof. WHEREFORE Defendant, xxxxxx, demands judgment in favor of Defendant and the Court dismissing the complaint, together with costs, and for such and further relief as this Court deems just and proper. I do want to make one thing very clear (both to you and the courts, I suppose): I have gone through over 20 attornies in 4 states and travelled 6 hours to meet another attorney from another organization to help us. No one wants the case because it's too much work for not enough money. More than 3 attorneys told me that. I know the courts generally frown upon Pro Se and I don't know how to squeeze in that I've tried and tried and tried to get representation. Does it matter?? If we did not already seal our fate, I have questions on answering Interrogatories and desperately hope someone, here, can help. The big question that I first have is, what defense do I hang my hat on?? We do owe WF money. I suppose I could dispute the amount that they are seeking, but the ATTORNEY'S office never sent me a RIGHT TO CURE so that I knew where the account was being handled. WF had ceased communications with us and we were waiting to "hear from someone" as they told us would occur. I also read Dixie's information and one of her defenses was: volenti non fit injuria. By definition, this would fit our case. It was a stupid loan both for them to offer and for us to accept. So why should we be the ones to suffer?? Suffice to say that our income in 2004 was only $55k for a family of five. We held a first mortgage for $234,000 and WF gave us $90k for a total indebtedness of $324,000. Nearly 6 times our income. And of that $55k that we made, nearly $10k was in overtime. We also had a car payment and credit cards totalling nearly $10k (probably more like $15k but I'm being cautious since I don't have records right in front of me). Back to the Interrogatories. One that I can't find a proper answer to is: Set forth in complete detail all information upon which you base your denial to any question, or any and all reason why you were unable to admit or deny any question contained in the Plaintiff, Wells Fargo Bank's, First Requet For Admissions to Defendants, XXXXXXXXX and/or XXXXXXXXX. On to the Production of Documents: I am fairly certain how to answer the majority of the requests but this one somewhat has me stumped: "Copies of all written communications and complaints, notes, memoranda, or other writings, which relat to any conversations between WF and XXXXXXX and/or XXXXXXXXX." On one hand, this sounds like the part where I can bury them because I do have Phone Log notes, Letters, Emails, etc. BUT it seems too easy - and I digging my own grave, somehow, by producing these?? I hope my note, here, has not been to dicey. I have moved and reorganized a million times but am simply going to hit SEND now to prayerfully allow more time for replies. Thank you.
  6. Whychat wrote: Please note, my remittance is payable ONLY to DOCTOR'S OFFICE and may not be signed over or transferred to any third party collection agency." (it was cashed)Did you send a MONEY ORDER?? Did it have the restrictive endorsement?? Did you make a copy, front and back?? Is the account on your reports?? Get a copy of the "cashed" money order and check to see who deposited it. If it was done properly, then you need to send the follow up letter to the OC. Make sure you delete identifiable names of lawyers etc. from your response. I did not send a money order! How did I miss that? My thinking was that, since I was sending to Dr office, directly, that I had nothing to worry about. That being said, yes, it had the restrictive endorsement on the back and the doctor's office was the one to deposit the check. If I am understanding you correctly, I now need to send the Form Letter to Original Health Care Provider with Insert B?? I sent that letter with Insert A with the original payment. I hate to be obtuse. I know you work very hard to make things very clear. Evidently, I just have some disorder that prohibits me from feeling 100% comfortable with my newly learned knowledge and giving me the ability to move forward without any hand-holding. Thanks for what you do.
  7. Wow. I really hope I haven't created a convuluted mess and that Whychat (or one of your posse <grin>) can make sense of this and guide me in the proper direction. RE: Outstanding medical bill of $120.93 from 2009. 3/24/10: Letter from CA for oustanding balance of $169.30. 3/20/10: Letter from CA for outstanding balance of $121.05 along with copies from doctor's office clearly showing my balance due of $120.93. 4/28/10: Letter from CA with "Notification to report to credit bureau - Please read carefully" emblazoned across top; amount = $121.63: Please call for correct payoff. ** Opted out in this timeframe, here, with all 3 bureaus. 5/5/10: I mailed medical DV letter (the one with the verbage: "This letter is being sent to you in response to your above file. This is not a refusal to pay, but a notice that your claim is disputed. Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.") 5/10/10: Letter from CA "providing you with documentation verifying the debt we show as due & owing the above creditor. Pls find enclosed: copy of original statement or billing information. other information includes: copy of your letter to us dated March 29, 2010 (that's my 5/5 letter; I didn't mail in time), patient information sheet, insurance information & agreements , acknowledgement of receipt of notice of privacy practices." 5/13/10: Letter from CA regarding "letter received from you on May 10, 2010," which I assume to be the medical DV letter. They wrote that "you asked for "agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPPA authorization." This was mailed to you on the same day (May 10, 2010). You also asked for "agreement with your client that grants you the authority to collect on this alleged debt or proof of acquisition by purchase or assignment." Our attorney, was contacted and he stated "You do not need to provide proof of right to collect a debt under FDCPA." "This letter is an attempt to collect a debt .... " yadda, yadda, yadda. 5/19/10: I mailed letter to HIPPAA Compliance Office of the doctor's office to their (doctor's) address along with payment of $120.93. The letter included the following: "Enclosed please find my remittance of $120.93 for payment in full of this account. Please note, my remittance is payable ONLY to DOCTOR'S OFFICE and may not be signed over or transferred to any third party collection agency." (it was cashed) 5/25/10: Letter from CA showing $50.10 balance due. This letter stated "The purpose of this letter is to inform you that we received your $120.93 payment on the above referenced account. This payment does not constitute an acceptable payment plan with our office. Please contact us today to establish a mutually agreeable paymnt plan or to make arrangements to pay this debt in full. This letter is an attempt" .... yadda, yadda, yadda. 6/14/10: Letter from CA for $50.26. "This communication is from a debt collector. We have notified you previously of this debt. This debt has been reported to the Equifax Credit Reporting Bureau. Many creditors will pull your report to see if you have a good credit record. This debt will shw you are a risk. This can affect your purchase of a home, property, a new or used vehicle, insurance policy purchase or a credit card or even obtaining a job. We will notify the credit bureau once this debt is paid and it will show as a debt satisfied on your credit record. Please call this agency for a correct payoff balance or if you wish to establish a payment plan. This letter is an attempt to collect a debt, .... " yadda, yadda. 7/16/10: Letter from CA: Amount due $50.53. "We have notified you 3 times....you have been told that this debt has been reported to the Equifax Credit Reporting Bureau....since you are aware you owe this debt and our client is entitled to be paid for services or products provided to you, we are placeing this debt in our hold file until you decide to pay the above-named creditor. we will notify the credit bureau once this debt is paid and it will show as a debt satisfied on your credit record. Please call this office if you wish to pay the balance in ful and we will give you a correct payoff balance or if you wish to go on a bpayment plan." 7/22/10: I sent another medical DV letter because this appeared to be a different amount & I wanted it to be official that I am disputing it. 8/2/10: Letter from CA: Balance as of today $50.67. "The purpose of this letter is to provide you with documentation verifying the debt we show as due and owing the above-named creditor. please find enclosed (this one gets good): copy of the original statement and/or billing information, other information includes: copy of your most recent letter to us dated 7/22/10, patient info, insurance info & agreemnts, copy of a letter to you dated 5/10/10 showing we already provided you with this information, copy of your letter to us dated 3/29/10, acknowledgement of recpt of notice of priv practices, copy of a aletter to you from us dated 5/13/10 explaining we do not need to provide with proof of right to collect. you signed a financial statment proving you knew this debt would be sent to collections should you fail to pay, another letter from you dated 3/29/10 (huh??), copy of letter you sent to DOCTOR'S OFFICE." (no date given on that one - they must mean the one I sent in w/my payment) WHAT do I do now?? I have no idea where this additional $50~ish is coming from. And I refuse to go to my expense to send them copies back of their letters showing different amounts!! Should I refer to their letter of 3/20/10 where they gave the $121.05 as the balance due as well as their letter of 5/10/10 where they included the copy of the doctor's bill showing the $120.93 as the balance??? I'm sorry for the length of this letter but I wanted to be certain that you had all of the facts as I know them. Thanks so much in advance. ~gwenny
  8. I ASSume that I know the answer to this but just want to be certain. My doctor's office is in another state. It would be THAT state's laws which I should quote in my letters?? Thanks so much for what you do. ~gwenny
  9. Who do we contact in government about the massive run-around & BS we are getting when we try to qualify for a HAMP?? I just believe that we all need to run, screaming, to our congressmen so that they can see how rampant it is. Just a thought.
  10. State: WV First mortgage taken out in 12/2001 with Morequity. 5.5% 30yrs. HELOC taken out 10/2005 with Wells Fargo. Used to pay some CC's, initially, but, ended up using as living expenses after 2007 when I was supposed to have gone back to work after our youngest went into Kg. Maxed HELOC @ $90k. STILL applying for jobs but only 1 interview since approx 5/2006, when I first started sending out 'practice' job apps & resumes. In Nov/Dec 2008, we did an in-house workout with the 1st; Morequity. Unfortunately, this caused our payment to go UP approx $150/month. In 2008, we could no longer keep up. We became delinquent on HELOC yet worked with Wells Fargo at every turn. Ultimately, spring of 2009 rolled around and we simply did not have the money. I called Wells and they refused to work with us in any fashion so I ended up no longer paying them, since we would still be in arrears & they would still come after us. During discussions with WF, I learned that our HELOC was to be charged-off in June 2009. We received one letter from an attorney in our state in Oct. 2009 & took it to a local attorney for advice. He told us to do nothing till we heard back from WF. We heard back from them today when the Sheriff knocked on our front door. But, I'm not even positive what we've got. The first page says "COMPLAINT" and there's a run-down of info regarding the loan. The final paragraph reads as follows: WHEREFORE, the Plaintiff, WELLS FARGO BANK. N.A., demands judgement against the defendants , HUBBY'S NAME and MY NAME, in the amount of $92,xxx.xx, together with contractual interest or service charges at the rate of 4.2X% from Feb. 25, 2009, the date of charge off to the date of judgement, post judgement interest thereon at the maximum legal rate, contractual attorney fees and expenses incurred in the collection of this matter and any other relief, the Court deems approrpriate. That is followed by an AFFADAVIT OF Wells Fargo Bank, NA. That is followed by a copy of our original documents with Wells in 10/2005. I want to clarify that we are not trying to shirk our responsibilities. Simply put, without me collecting an income, there is no money to pay a 2nd mortgage. Never in a million years did I think that four years later, I would have ZERO possibility of a new job. We do have a couple of other smaller CCs that have gone delinquent as well. Our 1st mortgage w/Morequity is less than 30 days past due. 1) WHAT is this set of papers that was served to us? WF is just coming after the $$$, I'm assuming??
  11. OK, so I'm maybe hyper-sensitive, lately, but I've asked a few questions of late to no response. Whine over, but if anyone has even a link they can respond with, I would SO appreciate. Please?? I learned about the Home Affordable program here. Well, I had heard about it when it first was announced but it didn't apply to us. Now, our lender participates & we have [repeatedly] put in the paperwork since October 5th. I did see on the HAMP website that there is a 12/31/2009 deadline. Am I safe since my paperwork has been submitted or does an agreement have to be met by that date?? Secondly, as I alluded to, I have sent several docs in three times but am still being asked for them, again. I finally reached out to Hope for Homeowners (H4H, right??) last week and am supposed to hear back from them this week. I guess my question might be silly, but, can I still contact my mortgage company to get updates on my status?? In other words, I didn't shoot myself in the foot, did I?? I have seen some post, here, that they had success w/their mod requests due to diligence in continally being on the phone w/the mortgage company. I suppose it may be of note for me to tell you that my mortgager is Morequity & they have the WORST record of all listed companies on completing mods. I'll need to find the chart I found a couple of weeks back, but it was not even close to heartening for me.
  12. I'm here to tell you that that was NOT a 'selfish bump.' My situations are so very similar to yours that it's SCARY. So, you're asking for me, too. Sorry -- a little attempt at brevity.

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