bob5150

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About bob5150

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  1. Or you can get an a copy of your credit reports, all of them, and not the version you get from Credit Karma or Experian online, and see if they're attorney firm or any members of their firm including attorneys, hold your credit report during litigation that's not only a felony but it is a violation of the fcra too I believe. And then you go and get a case filed in federal court or state if you have local laws that apply, and use your filing as a leverage tool to make this all go away even!
  2. Folks, why is it that I'm being beat up here and all I'm doing is sharing my experience which seems to be very different than your Team. Who was it BTW that just got done, somewhat like a "broken record", telling this group that JDB don't arbitrate? Well, doesn't seem so with these District Court; SPRAYBERRY v. PORTFOLIO RECOVERY ASSOCIATES, LLC July 2018 No. 3:17-CV-00112-SB "The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation [53] denying Defendant's PORTFOLIO RECOVERY ASSOCIATES) Motion to Compel MULTIPLE CONSUMERS into Arbitration [14]. The Court also DENIES AS MOOT Plaintiff's Motion for Judicial Notice [29]. IT IS SO ORDERED." https://www.leagle.com/decision/infdco20180720c56 got that from Clydesmama Peeps, this ain't helping.The whole idea of guests here are needing options, but they only have your Team's myopic experiences. I gotta say you do seem to have a Team? I'll get on that right away.
  3. Well Mom, you didn't search PACER prolly because you've not been a plaintiff? Hmmmm You also utilized what is almost excusively an Attorney's access porthole named "Leagle", where over to the right on their Home page it plainly states, "ATTORNEY LOG IN" Hmmmm. I would hope you would see that my, "become a plaintiff" suggestions to some consumers here, that it's not about you or I. It's about offering experiences and maybe some guidance to them. I can't for the life of me see why you wish to discredit my suggestions via misrepresentation and deception frankly. Plaintiff pro se D.M., and let's not smear his name again, because I will ask that he take notice. Kicks arse. A brief check at PACER, of which I have an account and history there, all wins thx to my attorney, would've revealed this gentleman's extra ordinary success in pro se filings for consumer law violations against attorney firms, debt collectors of every name we see just about as Plaintiff's here in Arbitration. Didn't take long to see his success in at least a couple dozen filings and all but 2 were closed due to "settlement" agreement. Translated-they have no evidence and operate with deception, misrepresentation and count on our lack of knowledge. At least be honest and balanced if you wish to gather a flock into your Tao! Just be a help,huh?
  4. I do stand on the premise that the lowered bar regarding admission of un-authenticated evidence, the primary tool of arbitration by 3rd party debt collectors it seems, is never going to comfort any person moving into arbitration particularly for the first time.I'm not from Mo. but I say, show me.... I do appreciate you helping folks here but I wouldn't recommend anything less than requiring best evidence. Our judicial system isn't about the truth, it's about process and knowing the rules of civil procedure. Notice I didn't say knowledge of the law? Because attorney's aren't well versed in such. But they are experts at process and the rules of procedure-which is a hard task for pro se in both text and concept. One of your guru's here, also an advocate of arbitration, has gone so far as to discredit the idea of turning the tables on debt collectors and attorney debt collectors in making them become defendants, that she has posted a blatent misrepresentation to discredit my pro become a Plaintiff posts. That is truly sad because in what way do falsities help anyone except to try and defe3nd a position which seems to be the only one in her knowledge base. I've.cc'd her repsonse here: But first, we need to stop using his name, D.M. of Just Dave at dallas debt discussion has filed pro se federal cases at least 22 times. None of you have a pacer account yet some seem to have access to attorney data base sites? Hmmmm. He has forced all but the one collector into settlement and one change of district. Anyone of you folks who are a defendant and wants to know more I will communicate with you privily. I have strong concerns suggesting more here due to the flagrant push to arbitrate and disclose personal info for all to see by the admissions and denials required before anyone will address your questions? BTW, this mom might wanta take a look at how many judges or magistrates have been overturned after finding for the bankers, servicers and those that do their bidings in collections. Clydesmom said: 48 minutes ago, bob5150 said: Go listen to dave mack´╗┐ free on dallas debt discussion at Talkshoe. @bob5150 is quoting a guy who is nothing more than a crack pot who LOST his own FDCPA suit he filed pro-se. https://www.leagle.com/decision/infdco20150109a14 David' Mack sued Progressive prose for FDCPA violations. Progressive moved for summary judgment which was granted WITH PREJUDICE. "The Court finds that Defendants did not use any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning Plaintiff. Summary judgment should be granted on this claim." Dave Mack's "talk show" and I use that term loosely is nothing more than an audio blog where he spouts his "wisdom" without any facts or legal precedence to back it up. It is nothing more than his personal opinion which @bob5150 is repeating as gospel as though it is the ONLY true word out there on debt collection. Sadly if he researched any of it he would have found out it is 99% garbage with a sliver of truth in there.
  5. no! The court will not allow you any leniency despite Circuit Court decisions saying that they are supposed to do just that. I urge you to gather together all your docs particularly the affidavit which is NOT legit i can almost certainly assure you it is robosigned and affiant can't possibly be intimate with the business records of the original creditor.. Plenty of consumer law attorneys May consider making a claim and or filing an FDCPA claim based upon misrepresenting, charactor of the debt and no authentic documents re their robosigned affidavit +emotional distress. by the way some of the advice here on this website is absolutely erroneous don't admit a damn thing particularly if they show you a document with something looks like your signature on it, because you did not sign that it's a copy so don't even say it looks like it because they'll consider that close to it admission. The only person that can probably testify that is your signature is the person that made the actual photo copy of your purported signature and that will never happen. Www.Wliyd.com is the best learning tools and samples if ur willing topay or split their monthly fee and ecentually file ur own claims. oh and by the way if there's some deceptive practices laws where you're at you may be able to just file a claim against them for deceptive practices at the state level and they're not going to want to do that. But the state is not your friend. more than likely there are some consumer law attorneys that will take ur case on a contingency case Basis and if they win you win and if they lose doesn't cost you a dime. These monitors seem to have no inclination as to how 80 to 90% of the time if you deal with the states weather it's arbitration or district court you are going to lose despite what the evidence shows. the only way to get to the truth of the matter is to force them into real discovery and they won't get away with objecting in federal court. a federal lawsuit for a consumer violation has nothing to do with the underlying debt that you just dealt with, it's about addressing the bad behaviors of the attorneys and the debt collectors which this website seems to know very little or nothing about. I mean wow I've never seen so many seasoned bloggers and host on a website such as this that haven't realized by now that the only way to hold these folks account was to bring him to Federal Court. And remember you're attorneys going to name the attorney that was the plaintiff attorney on your case in the suit so he will have to hire his own attorney to represent him and so on and so on. Go listen to dave mack free on dallas debt discussion at Talkshoe. I have had an attorney file several cases for me in Oregon and im in idaho. Although most pay a settlement prior to filing after receiving his claim letter which must first occur as a remedy. Im on Pacer if anyone doubts and pouts. Geeeze.
  6. Well, that's a term I've not adopted,lol. I searched the state and federal rules of evidence to no avail. I'm listening or link it please? I gotta say I've never seen so many persons pushing arbitration as this site but I'm watching because many still use arbitration in their agreements although many have chosen not to. Chk Pacer, ripoff reports, attorney general's office, cfpb consent decrees folks and you will see these debt collectors, particularly ones who claim to represent an original Creditor, they really can't be trusted and sadly the fraud is intentionally ignored Someone may come after you for the same debt and this after their win in arbitration or state court drains your bank account and says ooops! 80% of consumers continue to lose arbitration.
  7. I will enjoy seeing your progress, I am once again dealing with similar low lifes, of which PRA is just one of the biggest. PLEASE don't anybody put information on this type of site that can be snatched by any member.. Why would anyone even ask for incriminating data, ya gotta ask yourself. Here's some Mi. cases against PRA. https://dockets.justia.com/search?query=Portfolio+Recovery+Associates+LLC&state=michigan Best source of unpublished case decisions; (pra here) https://www.nclc.org/search.html They never, ever will have authenticated account level documentation accompanied by an affiant with personal knowledge. Tons of case law support that an affiant can't possibly be so that isn't a legitimate o/c employee. They know that most won't fight back and object or strike evidence.If they claimed to have a real affiant and you for example file an affidavit of denial (and be careful in wording so as to not perjure urself) the next step of evidence would have to be a person subject to cross. Arbitration BTW doesn't have to be strict on evidence and 80% of the time finds for the Plt. I've attached a couple links one is a recent Attorney General issued consent decree to show you how PRA operates, along with a couple of excerpts. I need to bone up and I do so by listening to dallas debt discussion on talk shoe. I have devoloped and evidenced fdcpa, tcpa claims and handed them off to an attorney who files federally. State level courts are not our friends. Most debt collectors fold like a cheap suit most prior to any filings. Sadly many debt collectors use so many names, business entities that collecting is sometimes an issue. I honestly don't know why anyone would spend 2 seconds in arbitration or state court unless admissions have already been made. Then your kinda done. Notwithstanding the judge, magistrate, attorneys and clerks retirement accounts, money market funds etc. invest in the very banks your fighting. At least with Federal allegations the evidence had better be there because those folks will hold all accountable. Think about the idea that many use the guise of a security interest, which means we really never get to know who gets paid if you lose. It is often the attorneys your facing, the oc at times, and whomever is in the securities agreement. But remember that FDCPA, TCPA, FCRA suits aren't about the underlying debt-they are about collection agency and law firms bad behaviors.Idaho doesn't respect its citizen consumers and have very little private rights of action, yet they say they are our champions- Their site fees can e shared by 2, I might do it because bad behaviors are ongon. https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ https://files.consumerfinance.gov/f/201509_cfpb_consent-order-portfolio-recovery-associates-llc.pdf "31. Some of PRA's purchase agreements put limitations on the availability of account-level documents, thus putting PRA on notice that it may not be able to access account-level documentation on all accounts purchased that would enable it to perform proper due diligence on Sale Files whose accuracy PRA has reason to doubt, investigate consumer disputes, or prove its case in contested litigation. Limitations on the availability of account-level documents in PRA's contracts included: PRA'S MISLEADING COLLECTION AFFIDAVITS 49. In many jurisdictions, PRA has been able to obtain a settlement or a default judgment against a Consumer using an Affidavit as its only evidence. PRA also uses Affidavits as proof in contested matters. so. In Affidavits used to support PRA Debt Collection Lawsuits, PRA's affiants on many occasions represented that they have personal knowledge of original creditors' account-level documentation corroborating consumers' debts when in fact they did not. For example, PRA affiants testified:"
  8. Again, good luck but please understand, any person who's dealt with collections hands on understands when I say, "the hairs on the nape of the neck stand up" upon seeing or hearing a defendant using those same words such as, "I'm dealing with Barclay';s.... " I only ask then, surely you've seen their contract with Barclays, and or the contract that you signed allowing arbitration? At minimum please consider talking to a consumer law attorney about this company- I certainly wouldn't give them any information whatsoever, particularly bank info. It appears to me that you havn't quite grasped the notion that the debt collection industry are litterally criminal organisations who seem to operate at the state level courts with impunity. Even a Law Firm falls under the definition of debt collectors under numerous circumstances, ranging from state criminal law, civil procedure and case decisions. A member here, I think the moniker used here was, "1sts step." he will yell you that in his FDCPA win a particular Law Firm, whose name will go unmentioned now, made the admission that they are D.Collectors. From Nelson & Kinard's home page; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL CALLS ARE RECORDED AND MAY BE MONITORED FOR QUALITY ASSURANCE. Reviews on Yelp: https://www.yelp.com/biz/nelson-and-kennard-sacramento I saw you didn't send a debt validation letter. Did you pull all three major credit reports and review them? annualcreditreport.com is where I get mine free, annually. Please allow me to suggest a review all 3, experian, transunion and equifax. Don't review reports on products such as credit karma-not the same. Veryify the "account status" and or "activity designator.". If your alleged Barclay account is contracted by this law firm to collect, your credit reports may say "charged off", but it shouldn't say, "sold or transferred." BTW if you need any case law or laws, rules and the like CIC looks like a good source although I never rely on one source.I review CFPB., FTC., wliyd, myprivateaudio, dallasdebtdiscussion sso much more. I use an out of state attorney because there is no such thing as a good consumer attorney in idaho. Worst case scenario I end up in a telephone deposition which hasn't occurred yet. Again I would't waste 5 minutes anywhere near a state court, and I am a former LEO.
  9. New to forum, watching this case, but I gotta ask. What makes you certain you are dealing with the OC, Barclays? So you are aware, attorney's and their firms who regularly engage in debt collection litigation are in fact, debt collectors subject to FDCPA et al. I ask because I spent almost 4yrs fighting a Portfolio Recovery Associates case by a law firm here in Idaho back in 2010. Magistrate pulled a "sua sponte" after I won first appeal, which means despite the evidence he found for Plaintiff despite no evidence, not answering any of my motions and tons more. My attorney out of Oregon, Joshua Trigstead sent the attorney collection firm an intent to sue and they paid me instead.My BK got rid of them getting any cash from me. I contend the law firm is not contracted with Barclay's to represent them, therefor have no standing, subject mater jurisdiction to participate in arbitration. Please consider getting ahold of this Oregon Law firm. He has filed cases for me for several years and despite having collected some thousands of dollars for me, I've never gone to court or even attended a deposition. Many of these collection criminals and their attorney's won't take you seriously until they see they will be held accountable. They still pull fast ones such as robo signing, expired or invalid terms and conditions etc., and now they seems to be tossing in a letter with the OC letter head on it saying, "yep, pay whom ever sent this to you." (slight exaggeration) I will continue to watch, thanks.What lies in your debt is spendy-but by far the best info out there for filing and winning federal civil claims against debt collector for FDCPA, FCRA, TCPA etc. The Consumer Financial Protection Bureau remains a good consumer advocate.I had to use an attorney as it all took over my life for a while-nowadays I just recognize the violations and shoot off the letters to Josh for review. I just wish he's take on the FCRA more, because just like these collection companies don't have true affidavits etc. for court, therefor they also DO NOT have nor show via supporting docs having a permissible purpose to access credit reports. A repeated violation x 3 major CRA's often means big bucks. Oh, btw, all debt collectors must register with the CFPB so report them and see what they say... wliyd: https://www.whatliesinyourdebt.com/ ( a person can split the costs of their membership with another) audio: (dave mack does this talk.) http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=54318&cmd=tc Oregon Law Firm I've used and are now using: anyone who might want to run their FDCPA or similar case, just email Don his paralegal first. don@tlgconsumerlaw.com Tell em Robert Mesch referred you in the subject line-you'll get heard. I don't get a bird dog fee. Good luck