codename_fortyseven

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Everything posted by codename_fortyseven

  1. Sue them. That is a "yup, you owe it" letter. Continued collection activity, improper validation, false or misleading representations, etc...
  2. You don't have to state a reason. "I dispute" is all that is required. They are trying to sidestep and go with a FACTA dispute. I'd be gearing up to sue. You don't have to send them anything, and I wouldn't do anything else, except send em a summons if they continue to collect.
  3. If a CA doesn't answer in 30 days, it is a violation of the Texas Finance code section 392. Not less than $100 per violation, and you can get a couple out of that. There is no cap. A printout from a CA's own records doesn't satisfy the Federal validation guidelines, so it shouldn't satisfy the state ones. That is what I would argue. Do not ever file in small claims court. Sue in Federal. Trust me. If you want to find out why, go right ahead and file in small claims, but be prepared for disappointment. Transferring an account isn't continued collection activity. If the new CA tries to collect without providing validation, THEN it is continued collection activity. Why would you send a second DV in a response to some bogus papers? Sue them. False or misleading representation, continued collection activity, etc...
  4. Woo Hoo! Fun with UCMJ Contact your commander/supervisor and have them counsel you on the phone call. Get it in writing, memorialize what was said, and hold on to it! Make sure your supervisor documents the specific chapters cited. Next stroll on down to JAG and get it in writing from them that the military is not a collection agency, your superiors can't tell you how to spend your money, and you are not in violation of any UCMJ articles. Hell, they can't even prefer charges! They can only contact your supervisor to attempt to locate you, not to try to prefer criminal charges. Next, start looking for a good consumer atty or read the Flyingfir method over at AOC and do it yourself.
  5. How did you pay them? Check by phone? Credit card? Contact your issuing bank and demand a chargeback/refund. Do it NOW! You typically have 60 days to do this from the trasnaction. Get a new bank account as well. FYI, in the future, don't talk to them over the phone and don't let them have your banking info, no matter what.
  6. Well, first you want to bring up in your defenses that the debt is past the SOL. The timeframe to file counterclaims depends on your rules of civil procedure. Read them, learn them, love them. In a FDCPA counterCLAIM you would sue for them suing on a timebarred debt. The time for asking questions is over, they have sued you. Forget about validation, get it all in discovery, get their suit dismissed and sue them for violating your rights.
  7. No, not true. That isn't ALL that the Chaundry ruling said. They must provide some evidence of the debt, but it doesn't rise to the level of discovery. For example billing statements that account for the debt, but they don't have to have fingerprints and a handwriting expert to prove beyond the shadow of a doubt that the billing statements are yours and you signed it.
  8. It is my opinion that any consumer atty worth your business should at MOST require you to pay the filing fee. Anyone asking for a 1-2k retainer you should run like hell from, IMHO. I am sure you should be able to find a consumer atty that will take your case on contingency.
  9. Unless you live in Tx, there is no 30 day period to validate. You can demand they hop on one leg, delete the info from your reports, or cut you a check for a truck full of money. They are under no legal obligation to do any of the above just because you say so. Courts have held that 90 days is a "reasonable" amount of time to obtain validation. If they continue to collect without providing REAL validation, log each collection attempt, and prepare to sue them for continued collection activity. Read the Flyingfir method. http://www.artofcredit.com/board/showthread.php?t=2546 You sent your letter CMRRR, right? You held onto all of their letters, right?
  10. Why not introduce them into the concept of the SOL. MD is 3 years. Time to file FDCPA counterclaims. 2 credit card statements aren't validation, so you can lump in continued collection activity as well (the lawsuit) Have you recieved a summons yet? Go to your local courthouse and see if indeed a lawsuit has been filed. If so, pull the file and see what is going on and what stage it is in. If you get a lawyer, be sure to get one that specializes in consumer law. Check www.naca.net
  11. Yes, re-aging is illegal. You have actual damages, in the amount of the mortgage you were denied because of their inaccurate reporting. You have to show that the reporting was inaccurate and the proximate cause of you getting denied. Do you have the mortgage stuff showing the denial, the reason for the denial and all that? Did you dispute the Midland TL's? Can you document the disputes? Talk to a consumer lawyer. Start with www.naca.net
  12. Unless you live in the state of Tx, there is no 30 day requirement to provide validation. Courts have held that 90 days is a "reasonable" amount of time in other states. The "in dispute" notation while a FCRA violation is not actionable by you. If you did a worthless "not mine" dispute, it will probably come back verified every time. "not mines" have the lowest standard of verification from the CRA's. If you dispute specific portions of the TL (date open is incorrect, balance is incorrect, etc...) it becomes harder for the CRA's to verify. LVNV is sherman, and I am not sure if that distinction is terribly important. What next? wait another 30 days. If they can't provide validation in 91+ days, read the flyingfir method over at artofcredit.com and prepare to sue.
  13. Read Section 392 of the Tx finance code. You can dispute at any time. The CA MUST respond within 30 days either asking for more time or with validation. http://www.capitol.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000392.00.htm
  14. Prose, Telling them you are judgement proof means nothing. They don't care, and won't believe you. Ch 13 is a repayment plan, NOT a clean slate. It doesn't wipe out your debts completely, and if you ARE considering a CH 13, it won't really matter if you file now or after the new BK laws come into effect, since the rule change is designed to force more CH 13's. I don't think it is just that easy to seal a BK. I think that's why they call it PUBLIC records. Further, signed original agreements are almost NEVER required as part of validation. I do suggest you DOCUMENT any violations of the FCRA/FDCPA and sue accordingly. Also, check your state's statutes. You might want to read the Flyingfir method over at artofcredit.com http://www.artofcredit.com/board/showthread.php?t=2546
  15. You are expected to "share notes" as it would be, essentially so you can't sue someone, have a mountain of evidence, not share it, and bushwhack them in court without the time or ability to prepare a defense. Check the rules of civil procedure, but it should be from the date of reciept. For you type "discovery request" and bang out the questions, production requests, and admissions you want. Date it, send it CMRRR, and follow your state's rules of civil procedure. It is only hard the first time. Ask the court if they have a pro-se guide or something. There are sample motions and formats as well. Worst case, bang out "motion for protectctive order" cite that legitimate discovery has not taken place and file it with the court. Do NOT just ignore it or miss deadlines.
  16. Yes, you have to respond. You are in discovery. Read your state's rules of civil procedure NOW. There are timelines, descriptions of how everything is supposed to work contained in there. 1. Object. Overly burdensome, vague, ambiguous, if the statements exist, they should already be in the plaintiff's posession. 2. Vague, ambiguous, overly burdensome and broad, all documentation should already be in the plaintiff's posession.
  17. You have to RESPOND, but you don't necessarily have to answer their questions. You can object in accordance with the rules of civil procedure, which you should consult. Essentially the discovery must be RELEVANT to the case and it can't be overly burdensome, redundant, etc... For example, they already know your name and address if they have sued you and sent you discovery. Object to that. They don't need to know your employer. What does that have to do with you owing them money or not? For 2, vague, ambiguous, not relevant to the matter at hand, without proof from the plaintiff of alleged debt, this cannot be known. For 3, you can't anticipate what a person's testimony will be. For 4, 0, since the plaintiff hasn't proven that you owe them anything. For 5, vague, ambiguous, not relevant to the matter at hand, requires rendering of legal opinion For 6, Without proof from the plaintiff of alleged debt, payment dates can't be reasonably known. Overly burdensome, redundant, and if said account exists, the information should already be in the plaintiff's posession. Did you send out your discovery yet? Did you counterclaim for FDCPA violations if applicable?
  18. Fresh, In the future, it is probably best to paraphrase the statute. I am uncertain as far as if a CA has to refrain from calling because a consumer demands it, but I am 100% certian that the FDCPA says that if you inform them of the "inconvienence" of the call and your employer's prohibition of calls at work they can't call at home or at work. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 Secondly, you need to really hold on to those letters, save all voicemails, and log the approximate date/time of the calls. If they recieved a DV within 30 days, they must cease collection activity and validate. Their letter is a false or misleading representation, period. You DV'ed them in a timely manner, they can't collect, and they must validate. Each call is a continued collection attempt. Check my thread on recording in the resources forum. IF, and only IF you decide to entertain their phone calls, you should record them, remain calm, refrain from yelling or cursing, and just ask simpleton questions about your account, why they won't validate, how you don't understand this, etc... If you can't do that, just stay off the phone entirely. The only way to get them to leave you alone it seems is to sue. Check out www.naca.net for a lawyer in your area that deals with FDCPA cases.
  19. Man, these guys are stubborn. They won't give out the "true business name" I am with Methuss on this one. I tried to run a reverse search on 411.com, but nothing came up. File a John Doe suit.
  20. TL = trade line = credit entry = Midland's negative credit listing The OC's trade line should show 7 years from today or whatever the date is. Midland's date should be the same and shouldn't change from update to update.
  21. Does the date the TL will fall off keep changing as well?
  22. I wanted to add that you have the Texas Finance code section 392 to consult as well. Not less than $100 per violation. They MUST respond within 30 days, and they MUST validate. You can also demand validation at any time. http://www.banking.state.tx.us/legal/FinCode/CH392.HTM One thing to add to what Bob Dole said, you can ask for all costs to be included in a judgement from postage and filing fees to consulting with a lawyer/para-legal. I don't think it would be particularly difficult to find a lawyer to take the case on contingency, if they are a reasonably savvy consumer lawyer. The FDCPA allows for atty's fees in a successful action. The guy I have laid it out like this: I get 1k, he fronts all the costs, he gets his atty's fees. We go home happy. I hand him all my of recordings, letters, CMRRR reciepts, etc... He does the leg work.
  23. FYI, finding out banking info without you telling them is extremely difficult and is probably illegal. I would get a bank in a far away state or country...
  24. I want to add, they have to get a copy of the judgement and forward it to you. "Here's the case number" isn't validation either.
  25. http://www.edcombs.com/ Have you tried this guy?