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About Zerokewl

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  1. Thank you both. In regards to the breach of contract, once the 3 day notice was given I talked to the manager to request more time and it was granted. I guess I missed something because here we are. So I ☑ next to "Plaintiff waived, changed, or canceled the notice to pay or quit". I think that's all I can do.
  2. Thank you for your quick response! could i add violations of the FDCPA as affirmative defenses?
  3. I only have 90 or so min before i submit my answer so i wanted to ask a really quick question: I received a summons for UD (unlawful detainer). I know that since the landlord did everything including signing the 3-day notice, the attorney wouldn't be covered under the FDCPA. However, when i contacted the lawfirm to see if we could settle out of court, the i was told i needed to follow the instructions in a recording and then transferred. I listened to the recording and got the instructions, but in the recording it specifically states that the lawfirm was a DC. Since back rent is deemed "debt", and the landlord is using a DC to "collect" through litigation, would the DC now be subject to the FDCPA?
  4. lol === Sorry All i got carried away with RFDCPA Article 2.3 #4 How's this one? --------------------------------------------------------------------------- Me DCLF Date: Thursday, January 11, 2018 CRRR#____________ To Whom It May Concern: In response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. I dispute the debt in the letter, and demand validation.
  5. I thought it might be too much. I'll shorten it and post later tonight. want to make sure it's done right.
  6. Got a dunning? / intent to sue letter from a "Debt Collecting Law Firm" (Winn Law Group?) I'm about to send out this Validation letter. Is it too much? (I added parts of sample letters that I found through my research, then changed & added wording here and there. Full credit to the original writers of the parts I implemented.) ----------------------------------------------------------------------------------------------------- Me DCLF Date: Thursday, January 11, 2018 CRRR#____________ To Whom It May Concern: This letter is being sent to you in response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. This is the first letter I have received from your company. As such, please note that this is not a refusal to pay, but rather a statement that your claim is disputed and validation is demanded. (Pursuant to the Fair Debt Collection Practices Act, & the Rosenthal Fair Debt Collection Practices Act) This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Titles. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 Major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company I will seek counsel for legal action against you for but not limited to the following: · Violation of the Fair Credit Reporting Act · Violation of the Rosenthal Fair Debt Collection Practices Act · Violation of the Fair Debt Collection Practices Act · Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 calendar days to investigate this information. During this time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes but is not limited to, any listing of or information that is otherwise submitted to any of the 3 Major Credit Bureaus that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 calendar days from the date of your receipt, a complete withdrawal, in writing, of any claim & all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request sent to the 3 major Credit Bureaus shall be sent to me immediately. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, RFDCPA, and Federal and State statutes including but not limited to fraudulent extortion. I am also requesting now, in writing, that no telephone contact be made by your offices or any other third party you may be affiliated with to any phone number your company or any of your company’s affiliates believe I may be associated with including but not limited to, my home phone, my place of employment, my cell phone, my spouse, my friends or anyone that could be considered family whether immediate or extended. If your offices attempt telephone communication with me directly, or via any of the entities previously mentioned, it will be considered harassment and I will seek damages. All future communication with me MUST be done in writing and sent to the address noted in this letter. Lastly, I also hereby reserve my right to take private civil action against you to recover damages. Best Regards, Me My address Please send all correspondence to the above address =============================================================================================== ALLEGED CREDITOR/DEBT COLLECTOR DECLARATION Please provide all of the following information and submit the appropriate forms and paperwork within 30 calendar days from the date of your receipt of this demand for validation. (For the matter of this declaration, Me hereinafter shall be referred to as “Alleged Debtor”, DCLF hereinafter shall be referred to as “Debt Collector”, and That One Bank hereinafter shall be referred to as “Alleged Creditor”) Name and Address of Alleged Creditor:______________________________________________________ Name on File of Alleged Debtor: _____________________________________________________________ Alleged Account #: _____________________________________________________________ Address on File for Alleged Debtor: ____________________________________________________________ Amount of alleged debt: _____________________________________________________________ Date that this alleged debt became payable: _____________________________________________________ Date of original charge off or delinquency:___________________________________________________ Was this debt assigned to debt collector or purchased? ____________________________________________ Amount paid if debt was purchased: ___________________________________________________________ Commission for debt collector if collection efforts are successful: ____________________________________ Please indicated any credit bureaus to which you have reported on this account: Experian ______ Equifax ______ TransUnion _____ Please attach the following documents: 1. A copy of the agreement with Alleged Creditor that grants Debt Collector the authority to collect this alleged debt. 2. A copy of the signed agreement Alleged Debtor has made with Debt Collector, or other verifiable proof that Alleged Debtor has a contractual obligation to pay Debt Collector. 3. A copy of the agreement that bears the signature of Alleged Debtor, stating that Alleged Debtor has agreed to assume the debt. 4. A complete itemization of all charges (i.e., principal, fees, interest) on the alleged account. 5. Proof that the Statute of Limitations has not expired. 6. Complete payment history on this alleged account along with an accounting of all additional charges being assessed. 7. Proof that Debt Collector is licensed to collect in the state where Alleged Debtor resides. 8. The license numbers and Registered Agent of Debt Collector. Have any insurance claims been made by any creditor regarding this account? YES NO Have any judgments been obtained by any creditor regarding this account? YES NO Please provide the name and address of the Bonding Agent for Debt Collector, in case legal action becomes necessary: _____________________________________________________________ ____________________________ Authorized Signature For Alleged Creditor/Debt Collector ______________________________ Date NOTE: You must return this completed form along with copies of all requested information, documents, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act & the Rosenthal Fair Debt Collection Practices Act. Please allow 30 calendar days for processing after I receive this information back. ==================================== ==================================== Please comment! I want to send this out in the next 3 hrs. Thanks for reading!
  7. i know i'm necroing my post, but i forgot to give an update. Met with lawyer, won case. Mutual resolution? i think it was.
  8. Got behind at work. Here's the plan. Answer: General denial Defenses: Plaintiff has failed to state a claim upon which relief may be granted - “Without proof of ownership and or assignment, Plaintiff’s complaint fails to state facts sufficient to constitute a cause of action against Defendant." Lack of standing “Plaintiff’s claim demands monies for an alleged debt for which no proof of ownership or assignment of said debt, has been verified and exhibited" Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. Counterclaim(s) FDCPA 15 USC 1692(d)(6) violation Over a four day period Plaintiff called three times using a blocked number, (last call did identify himself) TCPA violations for calling Plaintiff continued to call my cell phone daily (10 or more times) AFTER I told them not to during working hours. _______ UPDATE: I'm stuck! I have till Monday to file, though I want to finish today. My problem is that I'm considering talking to a lawyer about physical damages. I can prove that I actually had to have surgery because of this. (if you'd like to know pm me) Is it worth it? Honestly, I'd rather just be done.
  9. I called (dialed 611) and asked, the cost said they couldn't and that they have an "add on service" that did, but it only went back so far. I'll try calling the legal department too. Good news is that while looking for any other letter from PRA, I found a "dunning letter" from ANOTHER JDB about the same account. This one is dated Feb of this year, so I believe PRA will have trouble proving standing on this one. I need to find the first dunning letter from PRA so I can get a time frame for the calls.
  10. Thanks! Good to know I was on the right track. I wanted to subpoena my phone records, but I'm confused with the process. Can someone nudge me in the right direction? I believe I have the right address. Do I send it to them myself, or do I file it with the court? I was thinking of asking for an extention while I waited for the records so I could count the TCPA violations.
  11. For my answer I was going to use "general denial", but since my name is correct, (account number etc is censored) would that work? Defense I was going to use "lack of standing", and then I was going to cross complain for Violations of the FDCPA, (after I told them to stop calling my cell at work, they started calling me with blocked numbers), then also for violations of the TCPA (all the times they called my cell especially after I asked them not to). I think i need to subpoena my cell records from my provider. Am I on the right track?
  12. Another question; There are multiple attorneys listed for the plaintiff, which one do i send the denial to? Also i was reading up on the FDCPA and wanted to know if I could add both the violations of the TCPA, and FDCPA in a single cross-complaint? (Was reading this)