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Everything posted by divemedic

  1. To say hi, and because so many of you were following this: My daughter finally left for good two days before her 18th birthday. I have not seen her since, and the only thing I heard from her was an email, telling me that her and her 20y/o loser b/f are living together at his parent's house. (for those of you who don't know, the history is long, and most of it can be found here.) I tried my best to help her, but when my DXW and his parents were both working against me, the task was impossible. Oh well. I figure that life will teach her what I could not, and she will have to learn the hard way. In other news, I earned another degree this fall, and I am now working on my next one. This one will be a BSN. Working two jobs and taking a 12 hour course load is time consuming to say the least. (Last semester I took 18 hours) I am ready to file my latest lawsuit against a CA. This one is against Prince Parker and Associates for their illegal attempts to collect a debt for Bell South. I have them on State and FDCPA violations. They deleted when I filed my first dispute, so I don't have the FCRA, but I should still get a few bucks. In other good news, my only negative, the paid collection that started my quest for credit repair, will fall off due to old age in just 3 1/2 weeks. If my one clean report (TU) is any guide, I am expecting a 70-90 point boost. I am taking a birthday cruise soon. The big 4-0. I am an empty nester, so it will be a good cruise overall. That is my update, so good luck all.
  2. I meant if their attorney did not approve or review the letter, it is a possible violation of the law on their part.
  3. 1 When LHR bought the debt, did you receive a letter notifying you? 2 This letter demands payment WITHIN 30 days even IF the 1692g notice is there, it is overshadowed. 3 Like the previous poster said, did they include the language about 30 days to dispute? 4 If an attorney has not reviewed this letter personally, there may be other state and federal violations there.
  4. Watch this video. It is FFFFFUUUUUNNNNYYYY. This guy is a
  5. When you log in, you will get a page that looks like this. Look towards the bottom of the page, and you will see "PLUS Score and Experian Credit Report" Click "Order Now" It will give you your daily report. For free.
  6. On all 3, I have a paid collection. It will be 7 years since DOFD on 10/24/2007 On EX, I also have an unpaid one for $21 from the same CA. It falls off May 12, 2008. They would not PFD, so they get nothing. I was outside the 30 day window for DV. They aren't trying to collect, so I haven't been able to get any violations on them. I have the following CC's: Cap 1 Visa $700 limit Cap 1 MC $500 limit Best Buy Card $2000 limit HSBC MC $1500 limit Rooms 2 Go card, $2500 limit (not reporting) Chase Visa $5000 limit Chase MC $9500 limit BofA Platinum Visa $15,000 limit I have also bought 2 vehicles and a house, thanks to credit repair.
  7. Searching for threads with "FAKO" in the title yields 65 hits. Some of the ones since May 1st are here: FICO vs FAKO again again and again and again and again and again and again
  8. Remember that if you dispute an otherwise positive TL to get rid of a late payment, you run the risk of the entire TL being deleted. Also, once a collection has been paid, it becomes exponentially harder to get a delete. If you have already paid it, give it your best shot, but do not pay a collection in the hopes that you can get a delete later. It may not happen. I have a paid collection that is due to fall off next month, because I paid it 6 years ago in the hope that it would fall off. Remember that you are most probably beyond the 30 days for DV if you have already paid it, so a DV may not do you any good.
  9. I am trying to get a guarantee that I can sell the receiver to someone, and that they will activate it. I sent them an email, and this is the reply I got: They are ignoring the fact that I bought the receiver, and are still asserting that it was a lease. They are claiming that whether I bought it or not, as soon as I activated the receiver, the sale was negated, and the receiver again becomes property of DirecTV. They are happy to go to arbitration, though. I urge everyone to be very careful when dealing with them. I now have a receiver that I cannot sell, because they will refuse to activate it.
  10. You would have to. One thing at a time. Of course, the CA would then have to prove that he is licensed to collect in the new state. At least the court will be in his backyard, instead of halfway across the country.
  11. Numerous members here have lost on those grounds, and been stuck with the 5 year SOL. This isn't a cut and dried issue. You need to be prepared to defend your position if you are going to claim the 5 year SOL.
  12. That illustrates what I was getting at (although I don't know why you posted the entire case) So many people misuse case law, and I worry sometimes that it will get them in trouble. The paragraph that helps the most is this one: A review of the statute shows, consistent with common sense, that those actions on which proof is less likely to deteriorate over time are subject to longer limitations periods; those actions on which proof is more likely to deteriorate because of faulty memory or otherwise are subject to shorter limitations periods. Unlike a written contract containing all the terms sued on, proof of the balance due under a store credit card depends on the correctness of the store's books. We know, though, that record keepers come and go; purchased items are returned or exchanged; and partial payments are made. Proof of the amount due under a store credit card is simply not as secure as proof of the amount due on, for example, a promissory note that contains in writing all the terms of the parties' undertakings. See Nardone v. Reynolds, 333 So. 2d 25, 36 (Fla. 1976), mod. on other grds., Tanner v. Hartog, 618 So. 2d 177 (Fla. 1993) (unfair to allow one who has slept on his rights to sue a party “ ‘. . .who is left to shield himself from liability with nothing more than tattered or faded memories, misplaced or discarded records, and missing or deceased witnesses' ”); Allie v. Ionata, 503 So. 2d 1237 (Fla. 1987).
  13. By the way, there are all sorts of statutes that give us an idea of how the legislature chooses to define a "written instrument" So then we look that up:
  14. 1 Your quote of McGill v Cockrell is very far off base. That case involved an employment contract (retainer for an attorney). You need to include the entire paragraph to understand the meaning: Hawkins v Barnes is a disagreement over a store account with a fetilizer store- it does not even fall under this case. (It is a store card) Be careful when citing cases- get it wrong and you screw yourself.
  15. A name that would violate any of the following: (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (3) The false representation or implication that any individual is an attorney or that any communication is from an attorney. (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. (16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
  16. It is preponderance of evidence. It all boils down to who is the most believable.
  17. I have a second job. I run my own business, where I teach for a school that does classes in EMT, Paramedic, and continuing education for Doctors and Nurses. The school is owned by a friend of mine. I started out teaching continuing education at local hospitals and Doctor's offices. The first sign of trouble came when they got in a disagreement with several local hospitals, and had me begin teaching less con ed, and more EMT and Paramedic. Then, I got a little mad when he pulled me off my most lucrative contract by giving the contract to someone else. The contracted hospital wanted me to continue teaching, and my friend told me that due to contract restraints with the other guy, if I continued teaching, I could not teach for him any longer. That was in July. Losing that contract cost me about $800 a month in work. He told me he would make it up to me, and he has. Until Friday, when I went to get my paycheck, and I was told that they didn't have enough money to pay any of us. I also own my own corporation, and I teach that way. I am thinking that I am going to try and compete against him for the con ed classes. (They are more lucrative than the EMT and paramedic classes) I don't want to anger a friend, but business is business. I cannot teach for him when he owes me over $500 that I may never get. I know this is a bad sign when a company can't make payroll. What do you all think?
  18. divemedic


    The Admins have been tweaking board settings. Minor glitches. It isn't a bug, it's a feature.
  19. Sergeant Kuehnlein was placed on unpaid leave Monday pending an investigation. The guy who did the filming was attacked by a drunk off duty police officer 2 years ago. Since then, he has traveled around with a camera in his car. This is the second time he has caught a police officer threatening to frame him for crimes. He sued the first two, and settled out of court. You can bet he will do it again. I have many LEOs who are friends of mine. I know a lot of good cops. I know a lot of bad ones. I would guess that as many as 10% of them have the exact attitude of the one in the video.
  20. I read the title and got all excited. I figured we could just test drive for awhile.
  21. I do not trust it. You do not know how a judge will perceive it. Just send the letter, it takes 5 minutes. Dear CA, I dispute this debt. Please do not call me at work, my employer doesn't allow such calls. Also, please remember that all calls to my home are recorded. Thank you, you That is all that is required.
  22. http://video.google.com/videoplay?docid=-2715792117793977759&
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