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Big Time

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Everything posted by Big Time

  1. You're missing the point. You never give a CA anything. You never acquiese to anything. You advised the OP to just roll over and accept flimsy validation and that's what I disagree with. When you don't pay a CA, there is always a chance you will be sued, so you want to give yourself as much hope as possible to beat them in court. Sometimes people are either unable or unwilling to pay (or both) so then their mission becomes to get the CA to leave them alone, and to do that they have to convince the CA that they aren't ever going to pay willingly and a lawsuit will be defended against and have a countersuit attached to it. Asserting that they did not properly validate, then violated when they continued collection activity and quoting that case law and the FCPCA in certified letters to them is a good way to accomplish this. At least that's worked for me every time so far. The only time I got sued by a JDB was when I didn't include that case law in my initial letters to them, but when I used it in my defense and counter suit they wanted a mutual dismissal with a release form. This is all why it's often a necessary evil to request validation within the 30 day time frame, so you can use it against them when they are lazy about it. If you just accept that they have validated, you have prevented yourself from having that leverage. I know all this has been criticized as an immoral guerrilla tactic, but if they don't want a debtor to have a cause of action against them, they need to follow the FDPCA and actually obtain verification and mail it to the debtor like it says to do. I also know that some misuse validation to try to get the CA to prove the debt actually exists or that they have the right to collect it, which isn't what validation is for, but that's no worse than the methods CA's often use. These aren't honorable people we're dealing with. I'm curious as to the amount the OP is being asked to pay, because if it's a lot, then an FDCPA counter-suit may not offset it by much, though.
  2. I disagree with you guys' conclusions because I have real experience using those cases to get rid of debt collectors, both in and out of court. It may have been because I was right, or because they just didn't want to go through the trouble or expense in arguing it, but whatever, it always gets rid of them. The confirmation in writing that Chaudry received was a complete accounting of the debt and it came from the original creditor. Additionally, that quote was made as an 'obiter dictum' statement by the judge, so it isn't even a binding legal precedent. A lot of sleazy debt collectors have used that quote for years as a Jedi mind trick to avoid having to properly validate. The validation that Mahon and Clark received was also a complete accounting of the debt that came from the original creditor and the Spears v Brennan case helped defined debt validation even further after the debt collection attorney sent a copy of the signed contract to the debtor: We cannot agree.  The contract in no way provides sufficient verification of the debt.   A review of the document reveals that it identifies only the terms of Spears' loan, including a 17.99% annual interest rate and the original loan amount of $2,561.59.   The loan agreement contains no accounting of any payments made by Spears, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once Spears stopped making the required payments. (In that particular case, it was ruled that obtaining a default judgement against the debtor was continuds collection activity after failing to properly validate.) The FDCPA itself requires a debt collector to obtain proper validation. It doesn't say what or from whom, but when they just write a letter caliming the debt is valid, they haven't obtained anything. In any case, I don't think a debtor should just roll over when a CA or JDB just arbitrarily declares a debt to be valid. We should hold them to higher standards.
  3. I've been out of the loop for awhile, and don't mean to get this thread off track, but when did we decide that was enough for validation? What happened to case law in our favor like Spears v Brennan and Mahon v Whoeverthatwas and Clark v Capital Credit and even the correct interpretation of Chaudry v Gallerizo? All those make it clear that attempts at validation that don't contain some sort of itemized statement that comes directly from the original creditor, that is then forwarded to the debtor by the CA, that indicates how the balance was computed, isn't proper validation.
  4. I've heard the legal theory that there is no account stated when it comes to debt collectors due to the part of the FDCPA that says "The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer." I've never seen the theory tested, however. If the CA is stating that you didn't object in writing to the billing statements from the OC, there might be an account stated, but you're free to ignore any 'statements' from a CA without having one. If they are claiming the account stated is from the billing statements from the OC, then you put them on the spot and demand they produce them. A CA working directly with the OC would be able to provide them, but a JDB may not.
  5. The FCBA requires credit card companies to send monthly bills, but I can't find any laws that require any medical debts to be sent to a patient on a regular basis, unless I'm missing something.
  6. Well MyFico is stupid. You can either buy all three reports together for $60 or buy all three reports individually for $20 each. :derr: < If you choose the single report and score option for all three indivudually, you can use S1403STL20FST for a 20% discount.
  7. I've looked everywhere and can't find a code that works for all three reports and scores.
  8. That sentence doesn't make much sense. I'm guessing your overall score is low because of your utilization, are you close to your borrowing limit on your credit cards? I'll try to get this moved to the credit repair forum so you'll get more people to help you.
  9. pfft. I have good prospects in Houston. I'll just drive there from Nashville if I have to, it's about a 12 hour drive. Iunno about Phoenix, though. That's a two day drive.
  10. Good Info. Thanks! What about an American Express? That's the one card I would consider carrying.
  11. I haven't had a credit card in years and don't really want one, but I have my resume out all over the country and may need to rent a car on short notice if I get an interview. How difficult is it to rent a car without a real credit card? I have a debit Mastercard from my bank, but there is probably a way they can tell it's not an actual line of credit. Should I just get a card with a small limit? Or maybe a secured card?
  12. My mistake, only the first legal document is free.
  13. http://www.rocketlawyer.com/ I signed up and am playing around with it. It has a lot of free wizards you can use to make affidavits, etc and save them. I can't find where you can make general legal pleadings, though. Newer Microsoft Word doesn't have the Legal Pleadings wizard anymore, but I did find a few pleading templates for Open office.
  14. True dat, but I still learned a lot from reading the threads there and enjoyed when educated consumers would irritate them.
  15. http://www.insidearm.com/engage/ Now there are no more forums to spy on collectors that I know of.
  16. Last I'd heard, many years ago, TowerRat went back to the Ukraine where he was from. That was one smart dude. Do they not have internet in the Ukraine? I still look over the AoC archives on InfinieCredit, where a lot of those folks went after AoC had that "RAID failure."
  17. My white-trash alcoholic childhood friend keeps defaulting on his student loans because he'a always been a worthless alcoholic. He's also wrecked every car he's ever owned and runs into things even when he isn't drunk. Despite all of this we've been friends for 30+ years so when he called me about his student loans I agreed to try and help him. He first defaulted in the 90's, so the Tennessee Student Assistance Corporation added 25% collection fees which were capitalized into the loan. He successfully rehabbed them, then he defaulted again a few years ago. TSAC finally filed a claim or something with the US Department of Education who has the loans now. Even though he's a total lush he's gotten the balance down quite a bit over the years. The National Student Loan Database says he still owes about 10,000, but the new collection agency for US DOE wants 13,000. Is the NSLDS the official amount owed? Did they add 30% collection costs? Can each CA or Guarantor add collection costs each time it goes from one to another? Oh well. he doesn't even have a job now so there isn't much he can do, but I still told him I would try to find out the answers.
  18. In Tennessee, General Sessions is more like a small claims court, very little paperwork. When you first get there the bad guy attorney may call your name and ask you to step outside to discuss a settlement. He will use fear mongering tactics about how this is your last chance to pay up before he gets a judgement on you. I wouldn't even bother to go outside with him to listen to him at all unless you want to ask him what other evidence he has besides a hearsay affidavit. That'll let him know that you are not an easy target, but debt collection lawyers are very good at being mentally and emotionally abusive because that's how they get paid a lot of the time, so you'll have to have your wits about you if decide to talk to him. he will want to make you as nervous and as upset and full of doubt as he possibly can. Next the Baliff will call name after name of no shows who get default judgments against them. It's really sad how many people don't even try. Then they will call you and you will proudly stand right up and approach the little desk opposite the attorney. The Judges are usually equally as duouchebagifed as the JDB attorneys because he will try to trick you by asking "Is this your debt?' or "Do you owe this debt?" Your reply will not be yes or no, it will be "With all respect your Honor, I'd like to make a Sworn Denial and re-set for trial." At this point he will have you raise your right hand and solemnly swear under penalty of perjury that this is not your debt, then he will figure out when to have the trial by looking over the trial calendar. They are usually 3 months away from what I've seen in my county. That scares people because it just may be your debt, you just don't remember and people are afraid that if it is a valid debt after all then they will receive extra punishment for lying under oath, but that isn't the way it works, so don't sweat it. You could also submit a Sworn Denial that has been notarized in writing before hand and send a copy to the bad guy lawyer but that will just tip him off that you are not gonna lie down for a default judgement. Sometimes these JDB's have contracts that allow them to get a few random copies of credit card statements from the original creditor and he may bring them with him if there is a Sworn Denial on record. It's best to ambush him. Once the Judge sets the trial date the bad guy might try to meet with you again but you are only interested in them dismissing with predjudice. read this: http://www.memphisbankruptcypractice.com/tennessee-court-of-appeals-rules-that-debt-buyers-records-are-inadmissible-hearsay/ also read this old thread, both pages, and ignore Debt Guy on there, he's an idiot.: http://forum.freeadvice.com/debt-collections-84/served-summons-today-419125.html That's where I got a lot of my info years ago. also look at htis http://www.creditinfocenter.com/community/topic/312430-challenges-for-collecting-purchased-debt/ and this http://debtcollectionlawyer.blogspot.com/2006/08/how-to-not-pay-your-debt-or-beat_03.html
  19. Although I haven't been sued yet, I'm refreshing my memory about all of this because in a few months when most of my negative TL's fall off my reports I'm gonna do that thing where I apply for a home loan, even though I don't really want one, just to get the JDB's to come out from under their rocks. (I do plan on buying a house sometime in 2016, which is why I'm taking care of all this now.) From what I understand, the JDB's sometimes don't report and instead lie in wait for the CRA's to narc on me for applying for credit, especially if it's a home loan. They know that a bank will pull my credit report several times while I'm waiting on the house sale to close and that any new negative TL that pops up will cause me to be denied for a loan right when I was most excited about buying a house. Those bastards. They think that will get them paid but instead I go all FlyingIFR on them and send an ITS with a copy of the complaint I'm gonna file in Federal, then I will follow through if they don't delete. Any TL's they report will be out of SOL for both suing on and reporting on, but they sometimes act as if the date they bought the portfolio, or when they first added their TL, is the date to calculate the SOL for reporting from, and they also report as a Factoring Company Account instead of a collection account because FICO calculates Factors the same as an open credit account, which does a lot more damage to your credit score. Back in the Art of Credit days we decided that JDB's don't really fit the definition of a Factoring company because the debt is already defaulted when they get it, but it's not like the courts or JDB's care what we think. Whether or not I would actually win for them misrepresenting the character of the account as a Factor has never been decided in a court to my knowledge, but the point is they don't want to spend money fighting it, especially if they have no hope of recovering any money from me due to the SOL. Additionally, they really don't want to have any case law on it if I do win. This is all to force a settlement with them to where they delete and agree not to sell to another JDB and I agree to a non-disclosure agreement and they don't have to pay me any money for violations. We both usually eat our own court costs. That's what I've done in the past anyway. I realize there are some ethical boundaries at play here, but other than that, do any of you pragmatically legally minded people see any potential flaws with this method? I've been out of the loop for a few years.
  20. you guys are handy to have around. I shall give you my first born child as a reward.
  21. I've seen legal pleadings that says something like: STATUTE OF LIMITATIONS The account alleged in Plainitff's complaint is time barred. This defense is alleged in the alternative and does not admit any of Plaintiff's allegations. or maybe Without admitting this debt exists, answering defendant asserts that the Statute of Limitations has passed.
  22. Copies of old bank statements is a good idea. I used to download them in pdf format and saved them to an external hard drive.
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