Love Beal And Nixon being sued with no knowledge of debt Oklahoma City Oklahoma
BOY Howdy! These people have some nerve! Just listen to my story...First of all I was a victim of ID theft some 5 years ago. My credit report as of sept. 2006 was free and clear of everything. which took some time considering, there was another person in my area with my same name. Whom had access to alot of my information since my insurance company was billed for some of her medical expenses which requires by SS number. She is deceased now..so I periodically check my report for errors. Plus my job requires me to have a clean credit rating. In early 2007..sure enough another debt was showing. I contacted bank of america to dispute and was referred to LBN because it was a charge off. Hmm if in 2006 it was not on my report and the account was opened in 1996...why is it now reporting? I have never opened a BOA account. I contacted free willing LBN to discuss this matter and ask them to investigate. I want a copy of the original credit app, especially since it was unlikely to be opened on the internet. I have been back and forth with them and up until dec 2007 they were unable to produce the required documents.
Now..finding out from word of mouth and because my name was in the paper, I find out I was being sued in a county I do not live in. Yes..my address represents that county but I live about 3/4 mile from the county line. Any how I contacted the sheriff dept to check if they had papers to serve me. They had no idea what I was talking about...and because I know some of them I am sure they would attest to this. I am a well know citizen and business owner and I am so embarrassed! trying to resolve the error I contacted LBN and spoke with a Ms. Greer! She was less than nice! Yelling at me to go borrow the money, have my spouse pay it, borrow from friends, that this was my debt and They were getting judgement. I said funny...I haven't been served and could be because I don't live in that county. She was going to check on it, but to be expecting the papers.Those people at the sheriff dept know how to contact me. She says I can change it and you'll pay for that too. The amount reporting on my report is 5000 something. They want almost 10,000! When I tried to dispute...she said you received notices at your address, I didn't receive them I said. She says that probably because they are in the pile of bills you choose not to pay. i said i cannot have this...it will jeopardize my lively hood. I started to cry. She says oh come on lets not be a crybaby and keep this on a business note..it will not solve anything. I said I do not have that kind of money, I do not own anything, but I will not risk my job for this. What else to do? Have you received the proof this is my debt? Well it was mailed to your address and a payment was made on it...yet she would not tell me when.
I have to contact these people back and I am wondering if I need to have legal rep. I thought I would pay just to get rid of it...but I am not. I do not owe it. Plus she says it would show paid on my report, but if they are the 3rd party bank of america isn't going to do crap!
These people have caused me tremendous stress and suffering. I want to get revenge. I have never received nothing in writing from these people all contact had been from me. I contacted one of those sites for legal questions..I was informed to contact the Attorney General office and then file suit against them. I am not real sure what to them though or what to sue for. Do any of you have any advise. In desperate need of help before they go for judgement!
Tammie
Chouteau, Oklahoma
U.S.A.
9 Updates & Rebuttals
Tammie
Chouteau,Oklahoma,
U.S.A.
thanks for the input
#10Author of original report
Fri, September 05, 2008
I did try to fight them by following court procedure. The funny thing is they failed to send me debt validation before filing the case. I sent them plenty of proof it was not mine. Any how they filed suit, and I followed the sets up to the interrogatories. Then I hired a lawyer. Love beal and nixon dropped the suit, but it can still be picked up by someone else. Thing is...they never made any representation as being a third party..everything was as though it was bank of america. Any how because of the humiliation I am debating on sueing them all!
Miss Guardian
Sharks Paradise,Florida,
U.S.A.
Tammi/Not one dime goes to them
#10Consumer Suggestion
Tue, August 05, 2008
I have proof of a document you can utilize! I too have been a victim of Identity Fraud! I offer compassion for your suffering! I know what you should do! Go to your local library & look up a template for a "Cease & Desist" Letter to be sent to them & send it Certified Mail return receipt requested expaining their error & this shall end it or they shall suffer legal consequences if they violate this letter from you! Best wishes to you for no more stress after you send letter to them! Your Welcome!
Tim
Valparaiso,Indiana,
U.S.A.
Find yourself a good lawyer!
#10Consumer Suggestion
Fri, February 01, 2008
Tammie,
I know this sounds kind of odd, but call around to local bankruptcy attorneys. I practice bankruptcy law, and intimate knowledge of creditor/debtor rights is inherent in my work. I file suits against collection agencies all the time because, in almost every bankruptcy filing, there's at least one collection agency that crossed the line (and because the FDCPA and FCRA provide for attorney's fees :-)).
In a case where an aggressive collector is trying to collect on an illegitimate debt, it's almost inevitable that the victim will have solid legal claims for defamation, FDCPA violations and FCRA violations. For example, reporting a debt to a CRA with knowledge (even if it's just "should have known" knowledge) of its inaccuracy constitutes libel, an FDCPA violation, and an FCRA violation. Other often overlooked causes of action include interference with an economic advantage, breach of contract, etc. A crafty lawyer should be able to look at a "naughty debt collector" case and find at least five or six causes of action.
It might take some shopping around but, if you were in my area, I'd be chomping at the bit to get you in for a free consultation.
Best of luck!
Tammie
Chouteau,Oklahoma,
U.S.A.
I need more information
#10Author of original report
Tue, January 29, 2008
I reviewed your comments..but I am still without the summons papers and no luck tracking them down. One of you mentioned sue them. I would be more than happy too! I need to know if anyone out there has already used a local attorney or if anyone knows the name of a good one. Thank you tammie
Tammie
Chouteau,Oklahoma,
U.S.A.
I need more information
#10Author of original report
Tue, January 29, 2008
I reviewed your comments..but I am still without the summons papers and no luck tracking them down. One of you mentioned sue them. I would be more than happy too! I need to know if anyone out there has already used a local attorney or if anyone knows the name of a good one. Thank you tammie
Tammie
Chouteau,Oklahoma,
U.S.A.
I need more information
#10Author of original report
Tue, January 29, 2008
I reviewed your comments..but I am still without the summons papers and no luck tracking them down. One of you mentioned sue them. I would be more than happy too! I need to know if anyone out there has already used a local attorney or if anyone knows the name of a good one. Thank you tammie
Tammie
Chouteau,Oklahoma,
U.S.A.
I need more information
#10Author of original report
Tue, January 29, 2008
I reviewed your comments..but I am still without the summons papers and no luck tracking them down. One of you mentioned sue them. I would be more than happy too! I need to know if anyone out there has already used a local attorney or if anyone knows the name of a good one. Thank you tammie
Steve
Bradenton,Florida,
U.S.A.
Tammie, STAY OFF THE PHONE!!!
#10Consumer Suggestion
Mon, January 28, 2008
Tammie, NEVER speak to any third party debt collector on the phone!!
LBN are genuine lowlife scumbags! Just file a lawsuit on them. Multiple lawsuits.
Defamation of character.
FCRA violations for erroneous reporting.
FDCPA violations for abuse.
A civil suit for actual damages, being time and expenses.
SUE THEM NOW!!
Nancy
Steilacoom,Washington,
U.S.A.
DON'T pay it and don't agree to pay
#10Consumer Suggestion
Sun, January 27, 2008
Even if yhou DID owe it, there are statutes of limitations, but if you agree to pay then they start all over again. DO NOT let them intimidate you. Do NOT call them. DO some research. KNOW your rights. They are not going to sue you because then they would have to prrove that you owed it and they can's. IF the woman calls again thell her to stop calling you that you have contacted the proper athorities and then tell her to go to hell. Do it with an athorative voice and do not let her intimidate you. that is what they count on.