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    Terminating Abusive Debt Collectors
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    Graduate of the School of Hard Knocks

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cybercrusader's Achievements

500 posts and hasn't been banned yet....

500 posts and hasn't been banned yet.... (6/6)



  1. Thanks for the opinon. But you're a bit confused. My problem IS the small claims magistrate. I have no problem with the REAL judge in the higher court where the appeal was filed. FYI: I telephoned the small claims court and asked the clerk why this dismissed suit is being floated around as a judgment. She put me on hold to ask the magistrate. Response: Hire an attorney and take it up in higher court.
  2. Incompetent, inept, bumbling, useless, ignorant, moronic, pea-brained, bird-brained, chowderheaded, three-bricks-shy-of-a-load dumb, idiotic, mindless, stuipid, dipshit, dense, fool, dim bulb, head-whistles-when it's windy-out, farse. These are a few of the MANY adjectives I use to describe my local small claims court and magistrate. I won't use the word "judge" because he is NOT wothy of such an honorable title. If I ever see that moron out in public I swear to God I'll piss on his shoes. Why? Because a small claims judgment I appealed and had dismissed is now showing up as a "debtor judgment" in the public domain. So, if someone decides to do a background check on me, they'll see this debtor judgement on my record. What a f'ing crock. There is no judgment because it effectively vanished when I filed an appeal. Yet, it's reported as a such? Where is the justice?
  3. Actually this "angle" works wonders when you're counter-claiming in a suit brought on by CA-plaintiff. There is no really easy general-purpose answer to your question. But you make an excellent point: the face value of the debt is usually alot higher than what a CA scavenger paid for it.
  4. I don't think you'll be able to stop them from selling the debt. That would be like telling a vulture not to eat roadkill. Besides, I actually think that the more a debt gets sold, the less chance it has of being validated. As far as I'm concerned they could keep selling it until the SOL runs out, if it hasn't already. As far as your CR, have you checked it recently? It may just show up as MBNA and that's it. I had an account with MBNA and it was the only listing ever put on my CR.
  5. It depends (see below). Maybe....maybe not. Nobody just..."wins a judgment". If a CA or their attorney sues they have to present the court with legitimate proof that the debt is yours. If they don't have the proof, they don't just waltz into court and "win a judgement." There really are alot of variables to your question. For example: even though the statutory fine for FDCPA violations is up to $1,000, you could have actual damages worth alot more (such as damages from the loss of a job). In addition, you may sue for your attorney fees. While all these items may still not add up to $10K (and keep in mind its the court and not you that determines the amount of any award) - it may still be worth it under the following scenario: Let's suppose that the CA's attorney violated FDCPA also. If they did, you can also sue him or her personally in addition to the CA. I know from my own experience that this can be the straw that breaks the camel's back, so to speak. I don't know of many attorney's that want to risk having FDCPA violations on their record for professional as well as insurance purposes.
  6. Now that's interesting considering the letter appears to have been recently mailed (November). Thanks for the info.
  7. Another gem from the "How Low Will They Go Department": A friend of mine's 12 year old daughter gets a collection letter from North Shore Agency in New York --- apparently for a subscription to a magazine which the kid never had. She says she entered a contest (which probably subscribed her to the magazine - unintentionally). Anyway - the letter is ridiculous. It says in part, that you are ruining any chances for future credit. I have a copy of it for my "shame" file. Also, what really gets me is that it says this: I guess they're telling the kid to go find an attorney because their parents may not be responsible for the bill. What a sad joke -- especially since they know they're sending the letters to potential minors. Maybe next they'll threaten to garnish her allowance or start calling her 13 year old girlfriends.
  8. I think I found the answer to my own question (although not the one I wanted ): FYI: State usury laws mean squat when it comes to CC's (well, sorta). Federal usury law (National Bank Act (NBA) and the Depository Institutions Deregulation and Monetary Control Act) supercedes state law with respect to banks - so the CC issuer may charge as high a rate as is permissible in their state of domicile. Providian is domiciled in CA which has no consumer usury ceiling, so 28.99% it is. reference: Marquette vs. First Omaha Services, 1978 Supreme Court http://www.bankrate.com/brm/news/cc/19980202.asp It's a dog eat dog world...
  9. To retmar and Ravenous Wolf: Excellent commentaries on this subject! Anyone who believes that they need a cut and dry legal basis for filing a lawsuit or for trying to clean their credit is living in a fantasy land (or is a student). Even the CA's know as much. The DV procedures mentioned here and on other sites....WORK! They may not work all of the time and they may not work for everybody -- but you'll never know unless you try. I've found that in 70% of the cases in my situation - it was EFFORT more than anything else that helped remove items from my CR that I did not want there.
  10. I just recently got my Providian CC statement and lo and behold the interest rate jumped from 18.99% to 28.99%. Holy sheeeeeiiiiiit! Nearly 30% interest! I don't think so!!! I've heard them doing this to folks who max out their cards -- but I rarely do this and I still have a big limit left! So, I call up them up and while I'm complaining (in a civil manner) I get DISCONNECTED. I call up again, speak to another rep, start the whole story again --- AND I GET DISCONNECTED A SECOND TIME!!!! Finally after nearly 45 MINUTES - I speak to a very nice rep and I tell her that if they don't IMMEDIATELY reduce my rate, I'm cancelling the card. She says, "sorry sir, there's nothing we can do.....we notified you over two months ago that the rate was changing. We gave you the opportunity to canel then." I said -30% interest? Is Providian insane? I say cancel the card. She then asks me........why?....for the record of course.... I said because I know that I can get the same CC limit with Crapitol One, as bad as they are, for 14.99% - A WHOPPING 14% LESS than Providian. Anyway, needless to say, I no longer carry a Providian card. My question is is this.....The usury rate is 25% in PA - Was Providian violating the law by charging 28.99%?
  11. Sounds like a normal day's work at most CA's.... And of course the president of the company says this about the allegations made by the state's banking division after receiving numerous complaints (not to mention that they've got 26 pending federal and state lawsuits): "I categorically state they're crazier than hell." Sad, but these dirtbags actually believe that they're doing NOTHING wrong - FDCPA and state law happens to be "minor" inconveniences I have no problems blowing off CA's either. Thanks for posting this article.
  12. It's Calvary. I just found out that they actually purchased it nearly three years ago!!! So what you're saying is send them another validation letter (for the amount) and dispute it again with TU simultaneously? That's good news. What's the story about marking the original entry as PAID? Any impact on my CR? I've been super busy launching a new biz. I can't make it to Vegas anyway, but I'll let you know when I make it to Florida (I got lots of family and connections down there ). You can pay me then.
  13. Been there....done that. Like I said, I tried to quit 100 times before I actually did it. I already DV'd them and got a signed contract but no details as to the amount. In fact, the amount on my CR is double the amount of the charge off. Yes, got the miranda. Is this CA entry supposed to stay on my CR for another 7 years??? I don't think so!!! Per the OC the DOLA is 6/98. What do I do about this? What's the story with the OC marking the entry as PAID? Is this the same as a paid collection? Do you want to know how to make payment or not? And please tell me why you're mad -- I'm just DYING to know.
  14. Yeah, CA's have good collection rates -- so what? That's because most consumers don't know their rights -- not because CA's are "skilled" or "gifted" at what they do (except for maybe breaking or "stretching" the law). I'd be willing to bet that the CA's with excellent collection rates are also more than likely to be the ones who are skilled and gifted at sidestepping the law at every opportunity. Last time I checked, collections was the FTC's most complained about industry. Hmmm, I wonder why.. Perhaps, but until they actually PROVE it, they don't get squat...PERIOD. CA's want to threaten and sue people without actually having to prove that they're owed the money. Please, let's keep it fair. If that was your intent when you originally signed the contract, then you're right -- you're a crook. But what about the millions of individuals who ran into a bad patch of luck or a job layoff or a medical situation and who defaulted (reluctantly) on their CC accounts? Are they theives too?
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