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About pulpfiction

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  1. The faxes were sent to the fax numbers published on each CRA's website.
  2. Disputed a couple of TL's with the CRA's back in March. This was done via fax. I have fax confirmations to show that they were indeed received. TU responded (with their usual bs..but a response, nonetheless). To date, nothing but crickets from both EX and EQ. What's my next move here? Thanks.
  3. Wow...SO glad my NAF nightmare is almost over. To make a long story short, I got a NACA attorney to help me with the process. This goes back to 2006. After a long drawn out fight, NAF got their scam award. Local CA attorney tried to confirm...but totally violated the TCPA along the way. My attorney and I used this as leverage to force an EXCELLENT settlement out of them (half the debt, paid off over the span of almost two years). Before NAF was thrown out of the debt collection business, those things were impossible to fight. It looks like you were among the last batch of consumers they
  4. $2k settlement reached...cant get more specific due to a non-disclosure agreement. I love the TCPA Could have held out for more, but prefer to focus on actual negatives on my report (this CA has never reported)...
  5. Emailed a draft Complaint (TCPA and FDCPA violations) to CA's in-house counsel. You can see the complaint here: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302815) CA responded with a $1k settlement offer. Should I take it? I'm considering holding out for $2-3k, especially as there's a good chance I can get a consumer attorney to take it on contingency..and the CA when then be responsible for the attorneys fees. Thanks
  6. Still in negotiations (emailed ITS to in-house counsel....will file in a week if it isnt settled). Re: jursidiction.......... I've read that state court is the way to go on TCPA issues. However, since there are also FDCPA violations mixed in, wouldn't federal court have jurisdiction anyway? I'm fine with filing in state court...but wouldn't the CA likely move to have the case moved to federal court, as the complaint alleges violations of federal law and it is a diversity case? I'd rather not give them the option to try to intimidate me by moving anything
  7. Noticed an aggressive (lawsuit assembly line) law firm reporting a small (<$500) account on my CR's. Law firm is faxed a DV. DV has gone ignored, thus far. Account disputed with CRA's. Law firm does not delete, but marks accounts 'in dispute' on CR's. Received a dunning letter from law firm this week. However, they have the wrong last name (significantly different from my actual last name...doesn't even begin with the same letter). I take their dunning letter as continued collection activity, and an FDCPA violation. Any reason to think otherwise? What to do here? How long can they mark
  8. Getting ready to sue Allied Interstate (shocker, considering their stellar track record ) Will send an ITS w/ draft complaint first. Anyone out there have their compliance officer's info..or some higher up, perhaps in the legal department? Thanks!
  9. About to fire off an ITS w/ the following draft complaint attached...any comments or correctionss would be most welcome (please keep in mind that I havent proofread for spelling/grammar yet!) UNITED STATES DISTRICT COURT DISTRICT OF zzzzzzzz pulpfiction JURY TRIAL DEMANDED v. CASE NO. Bottom feeding JDB, INC. COMPLAINT JURISDICTION 1. This is an action for damages brought by an individual consumer, against Defendant, xxx., for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227, et seq., the Fair Debt Collections Act, 15 U.S.C. §
  10. Wow..you are getting SCREWED here. You can fix the situation, though. 1. Get rid of the lawyer. Pronto. In all honestly, he's probably trying to set you up to file BK (so he can 'help' you through it while taking more of your money). 2. As the poster above said...yes, you want to show that you used the card for personal expenses. That way you qualify for the consumer rules in arb--and thereby turning arb into a HURDLE for the bank. 3. File a motion to compel arb RIGHT AWAY. Debt attorney gets tossed out of court. Bank pays BIG TIME fees. You've then set yourself up for something in t
  11. Congrats on the letter. HSBC has been pissing me off for quite some time. I lack experience in going after the CRA's. However, TU's refusal to accept your documentation would signal 'willful noncompliance' to me. Like I said, though--thus far, I've focused my energy on suing CA's and JDB's, not the CRA's.
  12. My old Orchard Bank card became an HSBC account through a merger (I believe). HSBC eventually sold the account to a JDB. The account is reporting as "sold" on my CR's. I've disputed numerous times, but can't get rid of the HSBC tradeline. I sent them a 623 letter a month ago. No response. No deletion on the CR's. Pretty sure the original Orchard agreement contains an arbitration clause. I'm considering filing against them in JAMS. I'd imagine that an OC wouldn't want to spend $2k or whatever they're required to pay in arbitration to fight the reporting of a sold account--an account that th
  13. While this is not at all my area; aren't there accounting (balance-sheet) issues that do much to improve the financial outlook of an OC, even if they won't be able to collect on the judgement for a decade, if ever? Judgements are part of the return-on-investment for a JDB. Several JDB's (most notably Uniscum aka Unifund and CACH/Collect America) pretty much sue their entire portfolio--ESPECIALLY home owners. As 90%+ of consumers never fight back, the JDB sits back and waits to garnish wages and/or take a bank account--even if it takes years. Considering they paid $10-20 for a $1k debt, they
  14. I appreciate the constructive input. This will be my first go at suing CA's on my own. I had a positive experience w/ a NACA attorney who got a very difficult JDB off my CR's, collected from another JDB, and got me out of Wolpoff arbitration hell. The attorney, while effective, was not as aggressive as I'd like. However, from reading this board and numerous other consumer boards, I feel ready to do this on my own. I'm armed with a file full of winning pleadings (grabbed from PACER and NCLC). I've studied the FDCPA/FCRA/TCPA for years, and have deleted dozens of collections account with th
  15. From what I recall, the federal filing fee is $350. While I do have a decent income, $350 is a lot to lay out. My current finances are very tight. Has anyone had success filing In Forma Pauperis (IFP)? Is this only granted for those who are unemployed or otherwise indigent? Does the judge or clerk review the merits of your case? Will they grant an IFP application for issues such as FDCPA/FCRA violations?