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Showing content with the highest reputation on 05/24/2014 in all areas

  1. 3 points
    Hi Brownie, I have dealt with Second Round LP and may still have some dealings with them in the future. They played a trick with me, too. This company posted what was a large alleged business debt to my personal credit reports. They then started to harass me with numerous phone calls. I sent a DV, and in return received an invoice for a different alleged debt, of a minor dollar value, from 14 years ago. Quite frankly, both claims were bogus and outside of the SOL. One item was a true zombie debt of a few hundred dollars, bought and sold so many times nobody had any records to support it ever existed in the first place. They were trying to bait me into calling on the small item, so they could demand payment on the large item. Some of the phone messages were a bit desperate ("please call us on this matter, we have such a good deal for you!") I did not believe I owed either claim, and followed up with an Intent to Sue letter. They responded with documents that purely supported my position. I then contacted each alleged original creditor directly, who also supported my position. While the negative entry was removed several months later from my credit report, it caused the denial of credit. I am presently speaking with an attorney about filing suit. After researching this company, I learned they have been sued dozens of times in the last couple of years in federal court for violations of the FDCPA, FCRA and/or TCPA. I was unable to find any collection suits by them against consumers in my state. Perhaps you should check your county clerk and some of the larger CA counties to see if they are filing against consumers for debt collection suits.
  2. 1 point
    @Punky_Power Send both LVNV and this latest CA a C&D, and be done with them.
  3. 1 point
    I would be curious to see where an arbitrator that: 1.) is not required to precisely follow any precedent; 2.) can ignore the rules of evidence; and 3.) cannot be easily or inexpensively appealed, if at all is somehow more beneficial to the alleged debtor's case than a judge that: 1.) must follow precedent or risk being reversed on appeal; 2.) must follow the rules of evidence or risk being reversed on appeal; 3.) is at risk of being reversed for error or abuse of discretion upon a successful appeal in prevailing on a time-barred/SOL debt defense. My "ray of hope" for a valid SOL defense is in the courts YYMV. AFAIK a bad case in court is not going to improve by moving the dispute to arbitration.
  4. 1 point
    Then think about one of 2 things... 1. demand a privilege log; 2. file a motion to compel- how can you be sure that your account is actually included unless privilege is disallowed?
  5. 1 point
    According to NCLC, taxpayers paid nearly $1 billion in commissions to private student loan debt collectors in 2011, and it projects that number to reach over $2 billion by 2016. “Collection agencies routinely violate consumer protection laws and prioritize profits over borrower rights,” National Consumer Law Center attorney Persis Yu says in a new release [PDF]. “Abuses by these debt collection agencies cause significant hardship to the millions of students struggling to pay off their federal student loans. Taxpayers and student loan borrowers have a right to information about the impact of the Education Department’s policy of paying outside debt collectors on the rights of borrowers.” http://consumerist.com/2014/05/23/dept-of-education-sued-for-access-to-info-on-private-debt-collectors/
  6. 1 point
    Woof, sued you and lost with predudice? Wow, first res judicata kicks in now. Personally I'd play with them. Get a tape recorder and let the fun begin! Now, LVNV has a host of CAs they use some are even owned by the same company that owns LVNV. Who is the collector for them? Now, I'm not litigous like some but, you Can get enough damaging info on them to send to LVNV and they will pay you to keep quiet about it. I know this because I got paid by the bastards.
  7. 1 point
    In theory, you absolutely can use the laws of any state you want, in arbitration. In this case, though, because it's a business debt, which is under $3K, it would be an enormous waste of the OP's money to initiate a JAMS dispute against the JDB. He doesn't have the use of the FDCPA for business debt. He DOES have the responsibility to pay 1/2 the cost of the arbitration. Assuming it's a relatively cheap arb process, that is still about $7500, just to get to the hearing. And if he loses, he WILL be paying the debt and the other half. Given that he's not been sued yet, it seems more prudent to me to stay radio silent unless and until he's sued, and then and only then, fire back with the substantial issue of standing on a third of three JDB to buy this debt in his answer.
  8. 1 point
    Here is a good article on this (FDBPA http://blog.nationallist.com/2013/08/01/new-california-debt-buying-practices-act-fdbpa-could-affect-you/
  9. 1 point
    The Cali people can show you how to use Target v. Rocha. As I understand it, from reading previous post and referenced documents, the person HAS to be personally serviceable, not serviceable through counsel. Many here have got the testimony in lieu tossed using that case after being unable to subpena the agent.
  10. 1 point
    +1 tp Credator. Business/business arb is NOT in your best interest. The fact that this is JDB #3, in a court of law, if you work to show lack of standing, is.