11fayez11

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About 11fayez11

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    bastrop la
  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
  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
  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 hi
  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,
  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
  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
  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 establis