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wahoo238 last won the day on April 25 2009

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About wahoo238

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  1. Just a couple of loop holes in the Texas post judgment garnishment. If you are employed where payroll is generated outside Texas it can be attached also if you bank at a national bank funds can be seized. Other than that you are largely protected in Texas, and yes you can exempt firearms.
  2. wahoo238


    The problem I see is 392.202 is not going to accomplish what you are looking for IMO, all they have to do is send you a statement and they have complied with TFC. Your goals if I am correct is to not be sued and to stop the calls, electing arbitration should stop any future suite. As they are the OC FDCPA does not apply and TFC does not stop them from calling if they have in fact complied with TFC. To get a full accounting from them you will have to rely on FCRA 623 or find something in FCBA. I think the most important aspect is you have invoked arbitration clause, which at least buys time a
  3. wahoo238


    Personally I think it’s too wordy and over the top but that’s just me I like it simple I don’t want my letters to look like internet canned letters, they loose credibility. They are not required under TFC 392.202 to comply with anything more than validation of the debt, although it can encompass the OC collecting its own debts, see Charles Monroe V. Delta Bail Bonds, it is geared toward a CA/JDB. I have not seen where in house collections are required to provide a surety bond.
  4. wahoo238


    There is a direct link to the TFC in my signature, you are specifically looking for 392.202, keep in mind all that will give you is a DV, which is nothing more than them sending you a statement. To get a complete accounting history it would need to be done under FCRA 623 or something in the Fair Credit Billing Act. Then again you might be able to call and ask a complete history, they might just do it. I would be hesitant to send a C&D, could cause you problems, as well as OC not covered by FDCPA. I am wondering if you could revoke their “existing business relationship” under TCPA, I am not
  5. wahoo238


    BrokeBob is correct that FDCPA does not apply to the OC and neither does a DV. However the Texas Finance Code does, sec 392. IMO I would be looking at the Fair Credit Billing Act to see if you could use it to get an account history, especially if feel there are errors. On the other hand you could do a 623 investigation as long as it had been disputed with the CRA. As far as arbitration I would just flat out state that I elect arbitration should this dispute not be resolved.
  6. Ran accross this at another site it matched the number from op: Creditors Interchange Receivable Management, LLC *** 80 Holtz Dr Airborne Business Pk., Cheektowaga, NY 14225-1470 Phone: (716) 614-7500 Fax: (716) 614-7546 also known as "The Benchmark Group" Web Address: www.creditorsinterchange.com CONSUMER ALERT BEWARE of scam - Interchange Collectors call, posing as "Senior Prosecutors from State Agencies threatening immediate legal action. Creditor's Interchange collectors are liars and con men. They should never be trusted. Record their calls where legal. Do not give them any banking or
  7. At the risk of sounding like a smart a%*, and that is not my intention, the phrases “obtained for the purpose of litigation” and “ I elect arbitration” seems ambiguous. While I have the question myself, is it possible to elect arbitration as debtor and still preserve your right to litigate as plaintiff? I am feeling certain the answer is no, but perhaps specific language may leave an opening. Thoughts.
  8. Seems that would be an uphill battle as the arbitration agreement out survives the contract itself.
  9. I am not going to pretend to know how to post a file. I am looking at an HSBC CHA and it specifically states NAF AAA or JAMS. This embolden paragraph at the end is interesting, The parties acknowledge that they have the right to litigate claims through a court before a judge or jury, but will not have that right if either party elects arbitration. The parties knowingly and voluntarily waive their rights to litigate such claims in a court before a judge or a jury upon election of arbitration by either party.
  10. The only case law I am aware of to bolster first theory is Chaudry V. Nations Bank, as I recall JDB like LVNV have a slightly different take on Chaudry.
  11. As I recall 623 does not provide for a private right of action.
  12. Ok, but thats where they are at, both LVNV and RCS, have the file here on my desk. Sherman is on Meeting St in Charleston SC though I dont remember the number, I found it ironic a company named Sherman located in Charston.
  13. Try 15 S Main St Suite 600 Greenville, SC 29601 That is also the address for RCS
  14. I just spent the better part of an hour on the B of A website and nothing not even a press release.
  15. At 19% I am inclined to let them have it if it preserves the clause. Though fine now, should my financial “house of cards” suddenly implode it would be nice to fall back on the clause. Hopefully someone will know if the change was only the manditory portion and or, if arbitration still survived in a non manditory condition.