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Hypnotist

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core_pfieldgroups_99

  • Interests
    Take from the Rich & Give to the Poor
  • Occupation
    "Alleged Debt" Relief

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  • Location
    At this very moment... Uppermost in Your MIND

Hypnotist's Achievements

CIC Member

CIC Member (4/6)

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  1. What site? This IS the only site. And it's an alleged DVD late charge for goodness sake. Now if it's 50k in alleged credit card debt... we've got something to sink our teeth into.
  2. Did you have late fees? Did you keep some DVD's? Do you have a feel for the TRUE amount owed if any? Yes, the CA may be weak, but if you owe, go to store and settle up. Otherwise DV the CA and make 'em earn it... or eat it as the case may be.
  3. Why deal with the CA after you C&D'd. They should dry up and blow away. They almost never sue, and if they do... just file an answer to their suit and see what they do. The OC may have written it off already. If you do go back to the OC and offer to pay whatever, be certain it's in exchange for a pay for delete and they won't sell any balance and they'll never contact you in this or the next lifetime etc. Remember... once you pay... your LEVERAGE IS GONE.
  4. Hi jjaaam, It appears your thread has been side-tracked away from your needs to a discussion about another industry poster and his true motives. While it's true he is very knowledgeable in this arena, contemplating his contributions offers you no immediate assistance. Here's what I know... Under MOST if not ALL circumstances, ANY negotiation or alteration of the existing payment terms with these "lenders" will negatively affect your credit reports. Hey... but wasn't it your good credit that got you here? Credit can be cleaned up later, so not to worry. Negotiation works... just not the best (50 to 60% saved max... and be prepared to deal with 1099's for the difference in most cases (adds 25 to 30% to the difference)). Here's a Question... Do they guarantee the date you're debt free? Better read the fine print... NO ONE DOES! Also... what if the creditor(s) WON'T NEGOTIATE? There ARE legal strategies for dealing with this situation. You must continue your research. Keep a healthy level of skepticism, and at the same time, an open mind. Think Outside THE BOX! I'll refer you to a thread that appears here: http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=28012 Please do not let uneducated naysayers rule your thinking. You CAN WIN!!!!
  5. Hi, Are they an in state law firm? Were you served properly in accordance with state requirements? If so it may be legit. And yes... you're right about their lack of TRUE debt validation. If I were looking at this... I'd answer the suit for sure and gain some time to review my options... (settlement, fight the suit, learn about asset protection, Open a surf shop in Tahiti)... whatever.
  6. Did you refuse arbitration for lack of jurisdiction? If you moved for dismissal due to lack of jurisdiction, there is no reason to communicate further. By doing so, you somewhat agree and admit to jurisdiction. All other arguments are less than effective. They don't follow their own procedure, you've already experienced this. As previously stated, be prepared for an award confirmation hearing in a REAL court of law... even though it may never happen.
  7. I understand that some folks do not have what it takes either in personal conviction or knowledge to stand up to the Banksters in a court of law... but then again, many do. In your experience, what is the ACTUAL percentage of summons issued following an NAF stay or dismissal where MB is the collector? Because that is the only real issue here... not empty and illegal threats in violation of the FDCPA. Not dings to credit reports, which you know as well as I do can be dealt with effectively by oneself or a professional in the future. I'm talking about Real World cases... not what they "could" do. And if the "debt" is shuffled off to a CA/JDB, how much of a Real cause of action do they have to successfully litigate in court anyway? Not much... I assure you. They can be dealt with effectively and in the consumer's favor. Why do people have this horror of going to court? Sometimes it feels like others promote that going to court to STAND UP FOR YOUR RIGHTS is the last thing you want to do. Around here, few ever receive a summons, much less go as far as standing in front of a judge. And if the banks ever have the guts to go that far, the vast majority of those court battles end in victory... for the consumer. You're a professional Debt Settlement/Negotiation promoter, and I understand your dedication to that approach to debt relief. You clearly have experience in dealing with these banks. I must say, however, that I have a fundamental concern about any company or debt management approach that collects money from an alleged debtor (at whatever percentage), to pay the banks. It seems to me that those entities are, in essence, working for the banks.... One Man's Opinion. May I ask you a simple question... Have you ever DV'd "Chaste" 8) Bank (or any other unsecured lender) for the actual GAAP underlying books and records... have you ever REALLY compelled them to prove the debt under the law? It never ceases to amaze me how they cannot. Try it sometime... you'll be amazed too.
  8. Mann Bracken as mangy lap dogs for MBNA. Sorry for the confusion. By all means, let there be no confusion as to who are lap dogs for whom.
  9. Hi guys, I'm very sorry to read about your circumstances. Unfortunately, the credit card banks lie in wait for just such situations. That is why nearly half of the CC industry's $30,000,000,000.00 profits in 2004 were from late and over-limit fees, plus interest rate increases triggered through their universal default clause. It's a racket! Have thay doubled the minimums on you yet? If not, are you aware that by the first of the year that will happen by law? ba0501 mentioned hardship. In order to get into a hardship program, you usually have had to miss several payments. There are other alternatives to hardship. BK (IF you qualify under the new rules... and for $38.5k?... not me). CCCS (bad), Debt settlement/negotiation (questionable), Home equity loan (moving unsecured debt to secured against your home (very questionable)), Or you could ask them if they can prove the debt under the FCBA billing dispute process... which they can't... then maybe get an arbitration claim from their little lap dog collectors/"law firm" at Mann Bracken. Then DV them and file a motion to dismiss with NAF at the same time whereby they go away and your done with it. See... wasn't that easy? BTW, I'm not joking.
  10. Is Wachovia chasing you? Has a CA been in contact? Remember to DV/CD the CA's... you never had an agreement with them. And divemedic is right... beyond SOL they are powerless.
  11. Absolutely... fight the arbitration first. But be prepared for the long haul.
  12. Hello there dfwyogi, Does dfw stand for Dallas/Ft. Worth? GrimRepo is correct. The problem with arbitration is that it has been argued the banks and the arbitration forum have a vested interest in helping each other. Arbitrations are done in bulk and often end in the same results (bank gets the award). It can be argued that arbitration is unfair, and in many cases it can be shown that the arbitration forum and the arbitrators are not following their own Code of Procedure. The NAF is 90% funded by the banking industry and is currently and aggressively marketing to many, many banks who do not normally use their "services". Again, the vast majority of the time arbitration awards are issued in favor of the banks. The bank will probably receive an arbitration award... but an arbitration award is Toilet Paper until its taken in front of a judge for CONFIRMATION. If confirmed by the court in favor of the bank, it becomes a judgment, and the creditor may then pursue collection on that judgment to whatever level is permissible under your state law. If you are notified that W&A or whomever is going to court to seek confirmation of the award, its important that you do not allow them to walk into court unopposed. Automatic wins (summary judgements) are what these lazy lawyers live for. They do not like educated opponents... they have to really earn their keep then. The argument before the judge will not be whether the debt is valid, but whether the arbitration process and resulting award was appropriate... whether the National Arbitration Forum ever had the jurisdiction to hear the dispute in the first place. One major consideration... was your account was opened prior to April 9, 1999? If so, there was probably no arbitration language in the agreement. That's a very strong defensive argument for dismissal. There is also some debate as to the legal effect of including such language in their agreements based on Delaware law and its jurisdictional force outside that state. It may be wise to prepare for a legal battle somewhere down the road. Usually bank's representatives will pursue confirmation within the first year from the date of the award issuance. Beyond that time-frame it is less likely they will go for confimation. But be aware... there are NO TIME LIMITS for confirmation. There are, however, statutes of limitations for collections. See the link shown above for your paticular state. There's a lot of good information on this site. Also study the NAF's own Codes here: http://www.arb-forum.com/ to determine if procedure was followed correctly. Obviously document EVERYTHING you do in this regard and ONLY correspond using CMRRR. Personally, and realizing an award in favor of the bank is probably imminent, I would begin preparing my arguments (in the event of a court confirmation) based on the fact that they have no jurisdiction over me to decide the dispute. Best of Good Fortune! The Hypnotist
  13. divemedic... With all due respect (and you are certainly worthy of that based on the dedication you demonstrate on these forums), you state that making a lender account for a claim of indebtedness is good advice. I'm happy you agree, however, it's more than good advice... it's a requirement under law if requested by the alleged debtor within the legal parameters outlined under the FCBA. I think you'd agree that whatever federally mandated accounting method the banks use is acedemic... that's not the key issue. The point is, how does one explain why the banks will not (in the vast majority of cases), show you your own record of account? You say my friend was "victorious" because the bank did not want to expend the capital to produce his accounting records... so they spent over 2 years of attorney fees and court costs instead? What do you figure the cost of an account print-out is versus funding a 2 year law suit? They seem More Than Capable of calculating and maintaining accounting records for the alleged balances due to MILLIONS of customers every month. Do they calculate and send statements using some kind of documented accounting? On what basis do they make those calculations? He simply asked that they provide HIS records as mandated by the FCBA billing error dispute process... and they broke the law by not investigation and answering his dispute. Is it frivolous to ask such questions? If a lender credited your account incorrectly, wouldn't you ask about it? You bet... and so he did. If they will not produce the records proving a debt... then there can be no debt under the law... simple. As far as why it's true banks do not lend their own money... read Federal, State and Federal Reserve banking regs for the answer to that. It's all out there... this is not new information... although its somewhat hidden... by design.
  14. All I saw from you was an attempt to discredit a sincere attempt at helping those who may be dealing with a very stressful situation. An attempt at reassurance. An effort at exposing the workings of an illusion created by a powerful and overbearing industry. Let me refresh your memory... AND... Your input was less than appropriate. Next time... offer something constructive. Thank you for signing off.
  15. Very gracious of you. Let me be as clear as I know how. For there to be a legitimate debt, the alleged lender must prove that a debt exists by producing their accounting records. Is that so difficult to understand? Doesn't that seem reasonable? Yes... prefaced with the framework for a powerful legal argument. Must you allow your negative mind to play games with you. I have no ulterior motives nor hidden agendas as you suggest. Was my website address placed in my signature? of course not. Ask the creator of the forum profile form why that field even exists if it bothers you so much. Who asked you to look at my profile anyway? My aim is to alleviate some discomfort if I'm able. Now please clarify your motives! Here we agree in a way... because I must say the same of yours. And neither the phrase nor the inference was really necessary on your part.
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