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Everything posted by wahoo238

  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 and at best keeps them from ever coming after you. The contact aspect, if you can revoke the EBR under TCPA that may be your best choice again that is not my area. There is a thread in “is there a lawyer in the house” regarding TCPA and land lines as well as EBR aspect. As far as the letter I would suggest just covering the bases from your aspect and forget about the lawyer want-a-be letters you find, cater it to what fits you and your goals. Remember “it don’t gotta be fancy to get the job done”. 30 min later after working on reply, lol, yes much better but probably still more than needed, remember you are held to the least sophisticated consumer standard.
  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 an expert in that area but others here are!
  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 credit card information. THIS IS A SCAM! DO NOT BECOME A VICTIM OF THESE SLEAZY DEBT COLLECTORS AND THEIR LIES. Other Offices: Bruce H. Gray, President Tom Wilcox, Director of Marketing Appletree Business Park Ste 9 2875 Union Rd Cheektowaga, NY 14227-1465 Fax: (716) 614-7546 8550 Erie Rd Angola, NY 14006-9612 Phone: (800) 693-3455 Fax: (716) 614-7611 2700 W. Cypress Rd Ste 100 Ft Lauderdale, FL 33319 Phone: (800) 963-3455 Fax: (716) 614-7611 23355 Mercantile Rd., Suite 9000 A Beachwood, OH 44122 Fax: (216) 464-0600 866-513-9468 Bud Says... These dirt bags have a history of not being able to control their collectors. Below is the results of an action taken against them last year in Minnesota; CREDITORS INTERCHANGE INC Lic# CA20157551 Against: Collection Agency Action: Cease & Desist/Consent Signed: 2/2/2004 $10000 Fine File # CA 2303834 KRJ Allegation: Respondent allowed collectors to threaten actions they had no intention of taking and allowed unlicensed collectors to contact MN residents. We have just recently received another interesting piece of information about Creditors Interchange. The State of New York is fed up with the unlawful practices of these knuckle-heads. Because of complaints from consumers about Creditors Interchange they were forced to sign a Assurance of Discontinuance to the New York AG. In other words; "We promise not to break the law again". I have attached a copy of the court document in .pdf format. If anyone has problems with this guys please send a letter to the New York AG office, I'm sure they can make sure you are heard.
  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.
  16. In the past changes in terms left for a right to decline by sending notice by a certain date and not using the card. Does anybody have any info on that date? Is the change in terms only “mandatory”, or is there an arbitration provision left? All of the B of A interviews I read last night seem to indicate that arbitration was still ‘superior” in resolution dispute in the banks opinion.
  17. No we are not in default on either account just wish to preserve the right. There have been no charges against either account in recent.
  18. I have searched and searched and all I can find is brief articles on the subject. I have a B of A CC and wife has a B of A LOC, we have received nothing from them regarding changes to the arbitration clause. Can anyone please give specifics, all I have been able to find on the web is B of A doing away with mandatory arbitration, does consumer still have the option to elect? If there is still time to decline might be worth holding on to. TIA
  19. Before you send a DV I highly recommend you take the time to review your rights under the Texas Finance Code Chapter 392. If you specifically invoke your rights under TFC 392.202 you can dictate how the TL reports including deletion. A violation of TFC is an automatic violation of TDTPA, which allows for trebling of damages. You can send CMRR to a PO Box, since its USPS works just the same as street delivery.
  20. SOL starts when there is a cause of action. When your account became 30 days late there was a cause of action.
  21. The Rosenthal Act is California’s version of FDCPA and is much more restrictive in nature. Certainly point out SOL it works to your favor.
  22. A non-disclosure clause would be part of a settlement agreement. In the terms of the agreement they would be barred from disclosing the terms of the settlement, meaning if you disputed they would be in breach should they verify to the CRA. Much like when posters here say they have reached an agreement with a CA for FDCPA violations but cant give any details other than they beat them. Have you exhausted all your options under the Rosenthal Act?
  23. Consider rephrasing you settlement offer to include a non disclosure agreement in place of a PFD.
  24. You need not worry about Texas laws unless you intend to sue them in Texas. Take a look at the Rosenthal Act, it carries much stiffer penalties than FDCPA. This is the California version of FDCPA.
  25. The only way I could get Verizon to comply was to file a complaint with my states AG.
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