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11fayez11

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  1. Cach llc is a debt collector and no debt collector/jdb has a permissible purpose to be in or on your report so if they are reporting is not that a FCRA violation?. there are just to much case law establishing this fact. google it and see and you can make these companies pay for their misdeeds or they will make you payfor your oversight. They are not an original creditor who is the only one with a permissible purpose.
  2. If the lawsuit is the first communication there are specific things that must be done with first communication according to the FDCPA my I would hope friend.Let us reason together before judging please.Now it is established Donohue v. Quick,inc.992 F.3d1027 (9th cir. 2010 A state court complaint served directly on a consumer to facilitate debt collection efforts is a communication subject to the requirements of 1692e and 1592fof FDCPA. The FDCPA defines communication as the conveying of information regarding a debt directly or indirectly to any person through any medium.(which would include a court summon and complaint would it not) A debt collector's communication is the focal point of the FDCPA. Although representation in all communication are subject to FDCPA scrutiny it is the initial communication that carries obligations that can result in strict liability. However , what constitutes initial communication has been a matter of discord amongst the courts,so its no wonder you and I are confused. Initial communication triggers obligations under section 1692e*11) and section1692g of the FDCPA. section1692e(11) the mini-Miranda provision, requires an initial communication to disclose that the debt collector is attempting to collect a debt and that any information obtained will be use for that purpose. 1692g requires that the debt collector within 5 days of the initial communication give the consumer written notice of amongst other things ,his or her validation rights. This is necessary for a consumer (debtor) to be aware of what constitutes initial communication.I read your post that this basically have nothing to do with the FDCPA and I should stop posting until I learn the law better for my posting is going to cost people money for frivelous filings etc. There are many aspects to reading the law and the courts have agreed with what I proposed about this particular issue and disagreed with your findings and I;m sure we know who's understanding of the law counts and thats the courts.and not your or mine. nine times out ten I will be giving the courts version not mine but I try to do it respecting others opinion but this is a direct attack on me so I will be more direct. Might I point you to some more case law and I have plenty which are too many to qoute right now, however in Thomas v. Law firm of Simpson and Cybak, et al392 F.3d 914 (7th cir.2004) The 7th cir. held that a summons and complaint does constitute initial communication for FDCPA purposes. Therefore within 5 days of the summon and complaint the attorney must send a validation notice to the debtor in order to comply with FDCPA 1692g . The Thomas court reasoned that such a holding will ensure that debtors will be informed about their validation rights and that debt collectors knowing that they are obliged to advise debtors of these rights will investigate claims before initiating litigation to collect debts. ffffffffffffffffffffffffffffFurthermore , the court said that excluding service of pleading from the definition of communication would allow debt collectors to avoid the validation notice requirements completely by initiating litigation. Permitting such a loophole would negate the intention of the statue . So you are mistaken what I suggest will not lead to frivolous filings but instead as will evenually see by the end of our discussion could possibly lead to summary judgement win for the consumer. the court went on to note that congress specifically excepted pleadings from the definition of communication for purposes of the mini- Miranda warning in section 1692e(11) , but did not do so for 1692g the validation notice. YOU can also look at Tomas v. Bass and Moglowski U>S> Dist. Lexis 21533(WD Wis. 6/29/99)-----Goldman v. Cohen 445 F> 3d 152 (2nd cir.2006)--------Re Gunter, 334 B>R> 900 (Baskn. S>D> Ohio 2005)-----I have plenty more but itwill not convince you if what I have presented is not enough so I want waste your time. I must say we are all in this fight together so lets treat each other with respect and not fall victim to thinking we know everything about any particular subject for I can ensure you we don't for there is a lot we can learn from each other. I can appreciate your concern for the consumer, in fact I applaud that for they have legal issues so lets not limit them just to our views and if we have a question about what any of our contributions let ask them to clarify before condeming and ask them to clarify themselves on this issue for as we can see it might not be what we thought. And if that does not do it find away to go private to settle first to keep the spirit and to encourage others to join the discussion, you never know what jewels are out there. THank you my fellow consumer. We can all learn from this.WE use the law with case law to win our cases that is another strategy that works well also,I look for your feedback.There is plenty more we can do from here believe me to really kndck them out...
  3. That is a good idea to motion the court to vacate the judgement for lack of service. Once that is done request validation from Cach , for they will not have the proper paperwork and if they filed this lawsuit and never communicated with you before that is a FDCPA violation and you can sue them in federal court and i would check my CRA report to see if they are on my report also which will be a FCRA violation.
  4. First of all I need to see your answer to the complaint because what ever you should be consistant with your answer. Never admit to anything for when you admit you are setting yourself up for summary judgement,always make the plaintiff prove their case. Have you ever validated or disputed this alleged debt? If you post your answer be sure to take out all personal info or anything that will identify you.
  5. can you post redacted copies of your reply to their MSJ and your motion to vacate and also your answer to the complaint. but take out your personal info and anything that will identify you.I need this to suggest how I would reply if I was you.
  6. I thank you for your time to read my opinion just disregard my last post I wasn"t aware at first that was your reply kempo 1980 its your deccission.
  7. Just file the motions and send always the other side their service and do it right away don"t wait for the last minute and there is no better reason than getting an attorney and state this is not an attemp to delay the court but to make sure you have the best representation.Who cares what the other side thinks you are doing what"s best for you.
  8. I don't know Calif. rules of court but I do believe that if you request for an extension of time to acquire a lawyer that might be a good enough reason for the extension and also a good reason to appeal that ruling.I will also suggest not settling with JDB. for you owe them nothing,have no contract with them and if you settle you will most likely get a 1099c from the IRS on the remaining balance for income and to pay taxes on the remaining balance. Talk to your tax person.I have dealth with CACH and challenghed their paperwork and they ran for the hills. So there is more you can do besides give in.And you have to object to these judges and appeal there bad decissions. Stop defeating yourself and file a mountain of legal paperwork if you have to and object to their decissions. they are not God they are just the same as you or I. and if a judge deny you due process or equal access to the court he has to step outside of his judicial capacity to do so, then sue him or her in their individual capacity and official capacity for violating their oath of office. Hit them in their wallot or pocket book ,plus these suits will stop their asperationsof moving up. I'm not talking about frevilous filings I" talking serious filings. I want to make it plain that I am not an attoryen nor do I want to be and what I am giving is for educationally purposes.But I know what I"m talking about. Put the paperwork in and make them rule its all appealable and you must establish a record and the appeal court will go over point by point and if nothing else teach you something.
  9. first of all even if you decided to settle a debt you never do it with a debt collector, always get with the original creditor. Now if I was in yourshoes I would put in a Notice Of Dispute to the court and request for extention of time to answer becauase you are not a lawyer or paralegal and this is all new to me so I just need more time to answer please ,which you will more than likely get. your notice can state 1.the alleged debt is not mine 2. this alleged debt I am disputing. 3 I am requesting validadation of this alleged debt, to wit the chain of title to the alleged debt and the history of charges and payments starting from zero balances.. Is this lawsuit the first communication you got from this company? If not what was it and how long ago? The notice for extention of time is seperate from the notice of dispute but can be put in at the same time.
  10. I am in agreement with your factual understanding on both issues on the money issues.A question on whether the other two CRA"s are as liberal on single disputes to your knowledge.And on the stackable issue I will agree to disagree at this time. i:m in the process of testing this issue and will keep you informed of the result. Is there a way on this site I can post directly yo you instead of using someone else post?
  11. Also I meant to tell you to stop calling these companies and start writing them and sending your communication certified so you will have a sound record of everything that can't be disputed and keep all your communication in a file for your records. And you make copies of all your paperwork and anything you get from them.
  12. If i was you I would wait to see the result from the CFPB for if you mentioned all the parties involved they will create complaint # and send them a copy of it ,then the companies will respond just for the fact its coming through the CFPB just make you expressed your desired solution in that complaint with the CFPB.and make no promises or payments and you want have to worry about re-ageing.Now you do need to deal with this IRS 1099c issue,check your credit report to see if Capital One has reported this on your report and if they have you need to dispute it with the credit reporting agency now,also make sure the IRS haven't reported this to the CRA and if they have you have to dispute that also. what you are doing is setting the foundation to deal with issue this is not income for you but you have to do this process to get rid of it.
  13. I really want to thank you for helping bring some clarity on my opinion on this particular issue.I do know an associate who had numerous seperate violations on the alleged same debt and the opposing side namely midland funding or mcm they are all apart of the same Encore family did attemp to consolidate all the call and stop him from filing over 70 different suits but was unsuccessful. however I do thank you and we most likely will respectfully not see eye to eye on every issue and I respect this site and members to much to continue our little exercise and possibly confuse wonderful consumers who have their issues.Again with much respect I thank you and maybe when I get a better awareness of using computors we could discuss these issues more privately.
  14. Can one take a ruling in one case that has different factual basis yet the principle of the ruling do apply to the case that one is presently involved in even though the factual base is different? If in fact each report to the CRA is a different act one would have to file a different complaint on each act. For instance, Jan is one violation. Feb is a totally new violation and is seperate and on and on. Understand this also since we are at this time talking about SOL each new monthly act would start a new 12 month SOL let say that Jan to Jan is a 12 month SOL and Feb to Feb is another 12 month SOL for each month of reporting is a new act. That how I arrive at $12,000.00 for the calender year. Just food for though. I have to run an errand but I will get back to you if need be. Thank You.
  15. I am in no way suggesting or saying or even concern with the term continuing violation doctrine it just so happen that was the discussion in that particular case however the important point to which I developed my opinion is that the judge states the sixth circuit has held that each report in violation of 1682g( is a discrete act on which claim accures and Purnell to this point is echoed the nature ofviolation is that continued reporting ( not continued violation ) is a discrete act,at this instance I am not interested in the term continuing violation for I know that when an issue is established in case law and not objected to or disputed it stands.I by no way am stating that continuing violation has anything to do with stackable act within the FDCPA ,in fact my opinion rest on the point that each act is in fact a seperate new act and has nothing to do with continuing violation, read my post little more carefully. I really apologize to the individual who's post this is for we may have gotten off point of their issues.Even though this can be educational on how to deal with any questions in reference to your understanding on law issues,one should always deal with point by point to make sure every issue is addressed. Thank you
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