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Help getting ready for Magistrate Trial

Discussion in 'Credit Talk' started by Firehawk, Jun 13, 2008.

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  1. Jun 13, 2008 #1
    Firehawk

    Firehawk Member

    Hey all - looking for some advice about my gf's credit issues. I'm trying to help her battle this out..

    Timeline and details below

    May 7th - letter from attorney regarding past due debt and notifying to say if no response will file suit...etc
    (Never recieved any notice with our rights within 5 days - which I thought was law)

    May 15th AM - sent response cert mail for validation etc (nice big legal sounding internet letter)

    May 15th PM - Received "Notice of Next Event" complete with docket # and date to appear at Trial Court for a Magistrate Trial on 6/30/08 @ 10AM
    - Attached was an old Sheet from the courthouse (compelte with Docket #)dated Sept 27, 2007 with her correct name but incorrect address - must have filed to try to serve but was unable to as she didn't live at that address anymore.

    May 20th - Response from Attorney representing the collection agency listing the original credit card co and account # and an opened date - lists a balance WELL below what was written off by the original creditor as current balance (I'm assuming Beamer Financial LLC bought this debt for Pennies on the dollar). They also attached a copy of an Experian Credit Profile Report.
    Showed the account and bank info as well as
    Date Opened 7/2000
    Date Reported 4/23/2002
    Last Payment 7/11/2001
    No other real info was on this report (cept it was Bank Credit Card, Terms REV) and the original amount $4597

    -They also attached a form requesing all sorts of info like income and assets and expenses - which we ignored.
    -As well as an agreement for judgement and order - which we also ignored.


    Ceased communication (even though their "validation" was not what we had asked for)

    _____________________________
    Now on our Credit report from Equifax
    It shows the account as
    Opened 7/2000
    Date Reported 05/2005
    Date of Last Payment 07/2001
    Charge Off Amount $4597
    Date Closed 5/2001
    Date of First Delinquency 9/2001 (<-Why would they close an account before it's delinquent?)
    Date of Last Activity: N/A

    My plan now is to send a letter in response (though not required) to file with the court prior to the court date as a motion to dismiss based on the SoL (Here in MA is 6 yrs).. However before doing that ...

    1. Does SoL start from Date Last Payment, Date Closed or Date of First Delinquency?
    2. Does the original filing that had submitted to the court back in Sept of 07 have any impact on that SoL seeing the papers were never served and she didn't go to court? Or does the New date (NOW) count towards the SoL
    3. Anyone have a simple, effictive letter sample to file as a response prior to court (understanding that if no resolution comes prior to the court date you still have to attend) - and what data /info should be included (a copy of a DETAILED credit report? - just the one page or does it have to be a complete report as the page this info is shown on does not contain her name just the account #.

    Help? Suggestions? Hints? Tips... Any and all advice welcome.. What are we walking into here... I've read an aweful lot about the FCRA and other documents you always here referred to online.
     
  3. Jun 13, 2008 #2
    Firehawk

    Firehawk Member

    Oh Ya.. the faster the response the better as I wont have access to a computer till probably Monday again :( and I need to try to get this buttoned up ASAP (for my own sanity)..


    Thanks Everyone
     
  4. Jun 13, 2008 #3
    woofer

    woofer Well-Known Member

    The reason that the debt now is much lower as I believe it is out of SOL.
    What is the SOL where you are?
    Date of First Delinquency I believe is what you go by,but not 100 percent sure.
    ALso it seems they have already been to court..???
    Hmmm
    Your affirmative defense is this debt is out of SOL!
    Oh and just because JDB buy for pennies on a dollar does not mean they ask for less, BUT the fact that they did is because they just want ANYTHING they can get from you and are hoping for a judgement default.
    Hopefully you will have others chime in on this to help.

    Woofer
     
  5. Jun 13, 2008 #4
    Firehawk

    Firehawk Member

    In Massachusetts -
    So the SOL is 6 yrs (regardless if they consider it an open account or written or oral)

    Ya I thought it was pretty interesting that the debt is written off as 5000+ but they only want a little bit ...lol...

    I can't believe they're still going to do the court thing here even after my letter to them even mentioned (with underline) the SOL "...verify that the SOL has not infact expired, rendering this infact a Time Barred Debt..."

    Fun fun fun
     
  6. Jun 13, 2008 #5
    woofer

    woofer Well-Known Member

    SUPER as I know a LOT about Mass. : )
    Who is dunning you?
    What area are you in?
    I just maybe able to help you a lot : )


    District Court judges do not know much about consumer law so you really are going to have to know what you are doing.
    Do you have any money for a lawyer?
    500 bucks could take care of this PLUS there are counterclaims. ; )
    If so, one letter is going to do the trick,most likely.
    There are several NACA lawyers that are good in Mass.
    If the CA that dunned you is up by Peabody then you don't have much to worry about ;)

    Woofer
     
  7. Jun 13, 2008 #6
    Hedwig

    Hedwig Well-Known Member

    It's strange that it's a lower amount. It's usually a lot more because of interest and fees. It doesn't matter if it's in or out of SOL or what they paid for it.

    This makes me wonder if it's really your debt.
     
  8. Jun 13, 2008 #7
    woofer

    woofer Well-Known Member


    IME I have had it lower when it is out of SOL.
    RMS was dunning me and EVERY month the amount went down.
    I finally sent them a FOAD letter and never heard form them again.
    In another instance a JDB (NES)who got a debt that as out of SOL tried to get me to pay, sued me again for about 1/4 of what the CO was and I countersued, and they had to pay me 4K. : )
    So maybe it is just a Mass. thing where they ask for less 'cuz they know the debt is SOL. ; )

    Woofer
     
  9. Jun 14, 2008 #8
    Firehawk

    Firehawk Member

    Ok all the sudden I feel like an idiot again... What is "dunning" and what is "FOAD" letter?

    The company that owns the note now is Beamer Financial LLC.
    They've got an attorney out of Douglas MA. Richard R. Hubbard

    What grounds did you counter sue on? Just curious...

    Dont really want to pay for a lawyer.....unless I'm absolutely sure we're going to counter and actually make something of it.. I certainly dont have the knowledge to counter by myself - even though I've read damn near anything I can find to do with credit and consumer laws.... (luckily I dont sleep much)
     
  10. Jun 14, 2008 #9
    woofer

    woofer Well-Known Member

    You need to use your search engine more ; )

    Dunning

    Urban Dictionary: F.O.A.D
    The company that owns the note now is Beamer Financial LLC.

    They are one in the same. Do a search to find out what you are up against. NOT MUCH IMO.

    Continued collection, SOL, Inaccurate info...
    Then of course a 93A letter (look it up as it is a very good thing here in Mass.)
    Abuse harassment inabilitiy to get a loan, denied credit,insurance yadayada.


    Well you can speak to a lawyer and see what he/she says on this.
    Thing is with counter you only can get 1K BUT when you have a lawyer they can get more : )

    Oh and one more thing YOU CANNOT SPEAK OR GO TO COURT FOR YOUR GF.
    So if you GF is not one to be able to go pro se you will need a lawyer.


    Woofer
     
  11. Jun 14, 2008 #10
    Firehawk

    Firehawk Member

    I can't even find anything online about Beamer Financial LLC anywhere..

    My gf knows I'm not allowed to speak on her behalf - she claims as long as I prep her she can handle it.. (questionable in my opionion but who knows).

    i'm starting to think you're right... say F*** it and get her a lawyer...

    Know any rock star lawyers here in MA ???? (that wont cost me a fortune)
     
  12. Jun 14, 2008 #11
    woofer

    woofer Well-Known Member

    So you live out in the Western part of the state ? If not where and I will put you in touch with one.

    As for you not finding BEAMER , there is a LOT . Put in BEAMER DEBT COLLECTOR and lawyer name and see what happens and also put in your lawyers name, and they will come up.
    What are you using as a search engine.?

    I am now wondering if this BEAMER is even licensed in MASSACHUSETTS.
    Obviously BEAVER and HUBBARD are one in the same..
    [XLS] dclist
    File Format: Microsoft Excel - View as HTML
    65, Beamer Financial LLC, Debt Collector, DC1108, 9 North Main Street, Uxbridge, MA, 01569, (508) 278-5800, 9/30/08.

    Hmmm

    Oh here is the *lawyer*. QUITE A FELLOW, HUH?
    Wonder when in school if he was the last one in picked for the team?Debt Collection Massachusetts
    ACK!
    And a bit more...
    For some, a bitter remedy for overdue medical, dental bills - Boston.com



    Woofer
     
  13. Jun 15, 2008 #12
    Firehawk

    Firehawk Member

    Using Google, Yahoo, Ask for search engines... what do you recommend ?
    I searched
    Beamer Financial LLC
    Beamer Debt Collection

    Still can't get them to come up
    I did get all that same info you listed on Hubbard directly - I found his crap no prob -and ya I betch he didn't get picked to quick in the schoolyard lol.

    were you putting an excel file up? I couldnt see any attachment or anything but saw the "XLS" so was wondering

    Ya we live out in Winchendon and have to go to Gardner for court So we're still sorta close to the middle of the state just North.

    thanks
     
  14. Jun 15, 2008 #13
    woofer

    woofer Well-Known Member

    Put in Beamer Financial and Hubbard together/

    Yes. I do not know how to convert it but will try.
    It is a great list of the collectors in Mass. and info and tax numbers. : )
    OK I will send you some names.

    Woofer
     
  15. Jun 15, 2008 #14
    woofer

    woofer Well-Known Member

  16. Jun 15, 2008 #15
    Firehawk

    Firehawk Member

    Link didn't work.. sent you a Private Message with my email address if you just want to send the file over.

    Thanks

    Looking forward to any info or direction you have

    Jason
     
  17. Jun 16, 2008 #16
    Firehawk

    Firehawk Member

    Def decided to pull a lawyer in on this at least for a consultation to find out if we can counter sue this "GEM"... any suggestions on who is out there that knows this stuff cold? Northern Central Ma? Area (Gardner - Winchendon, etc).
     
  18. Jun 16, 2008 #17
    woofer

    woofer Well-Known Member

    Hmmmmm I just tried it and it works.
    Weird.
    OK I will send you it in mail if i am able to.
    Woofer
     
  19. Jun 16, 2008 #18
    woofer

    woofer Well-Known Member

    Did a post on several for you : )
    Woofer
     
  20. Jun 18, 2008 #19
    Firehawk

    Firehawk Member

    Well we've got ourselves a lawyer and we're going to make some waves ...

    Woofer - can you send me the info (or a link) to whatever you found regarding Beamer Financial being linked to Richard Hubbard? We've got some research to do to get this guy's goat.

    Thanks

    J
     
  21. Jun 18, 2008 #20
    Firehawk

    Firehawk Member

    Been doing my digging on Richard R Hubbard... the atty that is sueing my gf. Jeez this scumbag - I thought that Beamer Financial LLC was HIS company... noooooo

    Apparently Sandra Beamer is the license holder on the LLC.

    Hmmm who is Sandra Beamer? Oh that must be Sandra Beamer - Hubbard. HIS WIFE....

    Nice loophole so he's not buying his own debt to sue/collect on. I hope my lawyer can do something creative with that - dunno though - its probably perfectly legal cuz its in her name...
     
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