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Everything posted by 11fayez11

  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
  16. You can take a look at Brooks v. Midland Credit Management it a maryland case#wdq-12-1926(2013) Mrs.Brooks didn't have the correct pleading on this particular count for she was seeking a continuing violation the court corrected her misguidance and states that the sixth circuit has held that each report in violation of 1692g( is a discrete act on which claim accures supported by Purnell, 303 F. App'x at 304-the nature of the violation is that continued reporting is a discrete act, not a continuing violation. --------this ends the above and now my opinion. In light of this sixth circuit ruling each month the furnisher has to re-certify what they report to the CRA each certification would be a discrete act not a continuing act as previously accepted before that ruling. that my understanding.
  17. My concern is not with class action for I know that with class action only the top class plaintiff and attorneys get any real money so I'm as much against class action as I'm against mandatory arbitration. FYI the problem that I have with this arbitration which is the same problem that the CFPB and FTC have is a lot and I will say most consumers literally have up into double digits worth of violations with both DC as well as the CRA's and once you are in this mandatory arbitration and they offer a $1,000.00 settlement you may have $30,000.00 worth of provable damages, so is them paying arbitration fee really a good deal I would say no. Most of these especially with TU deals with AAA which is under FAA jurisdiction and trust me there is plenty of case law that says it is next to impossible to get it overturned even though they drew up the contract so my concern is that the least sophisticated consumer will be robed of valuable income in the name of expediency..Where as if one would arbitrate outside of these mandatory arbitrations they wouldn't be so tied into whatever alleged settlement facing such a uphill battle if the arbitration go bad.I would say op-out and arbitrate elsewhere. YOU know with new case law FDCPA violations are now stackable as the FCRA that means every month that a debt buyer or CA report is a seperate violation and no longer $1,000.00 for the year but $1,000.00 per month now so the consumer stands to make a lot of money on statutory violations alone.,So that $1,000.00 isn't such a big thing in light of this.
  18. First of all my friend nobody owes a debt collector anything . You never had a contract with them ,they never loan you one dime.So they can never verify the alleged debt.If I was you I would send them a validation letter certified reciept return, what that do is they have to validate or stop collection.Notice I didn't say they have to validate, but in order to continue trying to collect they do.Ask the m for the contract with your signature. Plus if you were going to settle you never do it with a debt collector that should only be done with the original creditor.At this point the OC probally have sole the debt.Which debt collector are you dealing with and who is the OC? Have you gotten any written communication from the debt collector and how long ago we are trying to see what options you have?I basically need more info to let you know what I would do if I was you. THis is only educational and not in any way legal advice for that is illegal and I am not nor will I ever want to be a lawyer.That is not suggesting that all lawyers are bad.
  19. If I was you I would dispute the debt with the CRA and let them know the SOL has ran out on this particular debt ,they have to pass that alone to the debt buyer and if they don't delete you have them on a FCRA and a FDCPA violation.Then after you here back from the CRA you now have the option of disputing with the debt buyer or the OC.By doing the dispute with the CRA you secure your private right of action then you are able to sue and anything after that is gravy.If the CRA don't take it off once the creditor let it go now they are violating their duties as a CRA which is a FCRA violation.They all only have 30 days to reply.So with all due respect forget about settlement of the debt.
  20. Strategically if I was in your position I would send something every3 to 4 days and once you get the end results, I would exhaust my administrative duties by taking them to the CFPB and file a complaint through the CFPB system which will give you a record for evidential reason.They,meaning the jdb,creditors ,CRA all respond very differently because they know they are being observed.I don't know whether you are dealing with alleged debt collectors or not but whom ever take out your complaint with or on the CFPB site.Now what company the SOL is running out If I was you I would let the SOL run out first then I would deal with them, for you will be dealing with from a different angle.While on theCFPB's site I would find all the consent orders they have on JDB,CRA,OC etc.so I or you can understand first the proper language and see what applies to your particular situation.
  21. The original creditor I wouldn't worry about them at this time, I would focus on the debt collector as well as the CRA.. If I was in your situation I would go to the CFPB site and lodge a complaint which is totally administrative.And from the information you put in your complaint they will create separate complaint numbers on each entity you are complaining about so you can track any responses you get so you can either accept or reply.I am telling you from personal experience they will respond and you will be able to get potential evidence for your usage you could never get without a deposition.who knows you might get your desired resolution.The CFPB is these alleged debt collector pain in the pocket book and wallet.If I was you I would get very familiar with this site they are extremely important for the consumer.they will more than likely bring the original creditor into this action for you.once you get your responses you can post any questions and I'm sure you will get lots of help and I'm keeping an eye and will respond also.Thank You ...... And to my friend about arbitration it might be helpful to view what the CFPB has to say about mandatory arbitration agreements, also the FTC have an interesting take on these agreements as well.
  22. I see what you are saying. just a little more for clarity.does this have anything to do with the plus agreement for maybe thats where my confusion is coming from , which you become a plus member and you have to sign this arbitration agreement and you have 60 days to opp out , you can't do any kind of class action etc.Can any average consumer do this arbitration with no strings attached?
  23. I'm curious how the or why should this consumer deal with any form arbitration with the CRA when you lose a lot of your rights in that type of arbitration instead of taking them to court and attempting some type of settlement agreement and maintaining all your rights.I wasn't aware of this process with TransUnion so I looked it up and don't think this is the best route to take. So maybe you can explain this better for me and explain your experience with this arbitration and why would TransUnion be so reluctant to do this since they require it in their contract.
  24. I've had a similar situation dealing with Experian. I took them directly to the CFPB ,and took out a complaint on them explaining the details of the situation in the complaint. Tell them in the complaint your desired result, and you will most likely get the situation resolved. These companies don't respect the consumer and will do whatever they want to you but when you go through the CFPB they know that you have a very watchful eye on them and you should get a different type of response from Experian now that you are going through the CFPB(consumer financial protection bureau). Just google them and it will take you to the CFPB's site. they are there for the consumers.The complaint can be done online or you can mail it in to them but they get right on it. Now they don't represent you like a lawyer however by going through them helps your situation.
  25. question on your account. Are these accounts reported by the original creditor or was they reported by a debt collector for being in default?
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