pulpfiction

Members
  • Content Count

    227
  • Joined

  • Last visited

Community Reputation

11 Good

About pulpfiction

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    Federal court =)

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  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 were able to screw. How much is the award? If it's a significant amount, you need an attorney to fight this. I'm assuming its a JDB account..since it's Asset. Surely they've committed some violations. Get a lawyer to use this as leverage for a good settlement (perhaps 10-20%). I'd start by looking at www.naca.net
  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 the account as 'in dispute', instead of deleting? As I've mentioned, this law firm sues thousands of people each month in my state, but the balance is small. Should I fight (send an ITS) or lay low?
  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. §§ 1692, et seq. (“FDCPA”), and the invasions of Plaintiff’s personal privacy by the Defendant and its agents in their illegal efforts to collect a consumer debt. 2. Jurisdiction of this Court arises under 28 U.S.C. § 1331. 3. Venue is proper in this District pursuant to 28 U.S.C. §1391(. PARTIES 4. Plaintiff, pulpfiction, is an adult individual residing in xxx 5. Plaintiff is a consumer within the meaning of the TCPA and the FDCPA. 6. Defendant, zzz., is a Texas corporation with a principal place of business at zzz operating as a collection agency, and is a “debt collector” as the term is defined by 15 U.S.C. §§ 1692a(6). FACTUAL ALLEGATIONS 7. At all pertinent times hereto, Defendant was collecting a debt relating to zzz. 8. The debt at issue arises out of an alleged transaction which was primarily for personal, family, or household purposes. 9. At all times material and relevant hereto, Plaintiff did not owe the debt to Defendant, and has never owed a debt to Defendant. 10. On May 9, 2010, Defendant called Plaintiff’s cellular telephone number (at 2:04 P.M.) using artificial and/or prerecorded voice technology to coerce payment of the debt, with the intent to annoy, abuse or harass Plaintiff. Defendant then continued to repeatedly call Plaintiff’s cellular telephone number on the following dates: May 14th (at 3:10 P.M.), June 3rd (at 1:28 P.M.), June 4th (at 4:33 P.M.), June 6th (at 2:32 P.M.), June 8th (at 3:34 P.M.), and June 14th (at 4:24 P.M.). 11. Defendant acted in a false, deceptive, misleading and unfair manner by repeatedly communicating with Plaintiff at inconvenient times. 12. Defendant acted in a false, deceptive, misleading and unfair manner by causing a telephone to ring with intent to annoy, abuse, or harass any person at the called number. 13. Defendant knew or should have known that their actions violated the TCPA and the FDCPA. COUNT I-VIOLATIONS OF THE TCPA 14. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein. 15. At all times relevant hereto, Defendant used, controlled and or operated “automatic telephone dialing systems” as defined by § 227(a)(1) of the TCPA. 16. Defendant initiated at least seven (7) telephone calls to Plaintiff’s telephone line using artificial and or prerecorded voices to deliver messages without the express consent of Plaintiff, in violation of 47 U.S.C. § § 227((1)(A)(iii) of the TCPA. 17. The acts and or omissions of Defendant were done unfairly, unlawfully, intentionally, deceptively and fraudulently and absent bona fide error, lawful right, legal defense justification or legal excuse. 18. As a result of the above violations of the TCPA, Defendant is liable to Plaintiff in the sum of Plaintiff’s statutory damages, actual damages, and treble damages. COUNT II-VIOLATIONS OF THE FDCPA 19. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein. 20. The Defendant caused a phone to ring repeatedly with the intent to annoy and harass, in violation of 15 U.S.C. § 1692d(5). 21. The Defendant employed false and deceptive means to collect a debt, in violation of 15 U.S.C. § 1692e(10). 22. The Plaintiff is entitled to damages as a result of Defendant’s violations. COUNT III-INVASION OF PRIVACY –INTRUSION UPON SECLUSION 23. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein. 24. Defendant invaded the privacy of Plaintiff by unreasonably intruding upon his seclusion by calling his personal telephone and leaving messages in relation to a debt that Plaintiff did not owe to Defendant. 25. Defendant intruded, physically or otherwise, upon to solitude and or seclusion of Plaintiff in a manner which was highly offensive to Plaintiff and other reasonable persons if same should be in similar positions. 26. Defendant’s intentional intrusions, physical or otherwise, upon the solitude and or seclusion of Plaintiff were substantial and highly offense. 27. As a direct and proximate cause of the telephone calls that harassed, annoyed and abused Plaintiff, Defendant disturbed the peace and tranquility of his home, invaded Plaintiff’s privacy and intruded upon his seclusion, was a substantial factor in bringing about the serious injuries, damages and harm to Plaintiff that are outlined more fully above and, as a result, Defendant is liable to compensate Plaintiff for the full amount of actual, compensatory and punitive damages, as well as such other relief, permitted under the law. JURY TRIAL DEMAND 28. Plaintiff demands trial by jury on all issues so triable. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays that relief be granted as follows: (a) Actual damages; ( Statutory damages; © Punitive damages; (d) Treble damages; (e) Costs and reasonable attorney’s fees; and (f) Such other and further relief s may be just and proper.
  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 the arena of a 10% settlement or mutual dismissal (if you can get some violations on the law firm or FCRA violations on Crap One.) Whatever you do..LOSE the jack@$$ lawyer! Good luck..you can take control and come out ahead.
  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 they have zero hope of getting a penny for (outside of what the JDB paid), and cannot counterclaim. Also contemplating fighting other OC tradelines (esp. Cap One) this way (623 method, followed by arbitrating). Thoughts from the arb. gurus?
  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 can afford to be patient (of course, as the judgment continues to rack up interest). More consumers than ever have done their homework and have learned how to fight back against these predators. The information era has its benefits
  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 this knowledge. However, I will take this board's advice and start slow. One summons at a time. First up: a tiny CA who sent about as stupid of a dunning letter as you possibly can.
  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?