jdjlocksmith

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About jdjlocksmith

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  1. MERRICK BANK/HOOTERS CARD has been pulling only TU reports and claiming it is for account reviews. now they charged off the account years ago but claim they can still pull the report to review the account to see if it still meets the standards of the bank. now is that true they can still pull the report for account reviews. can i sue them for pulling my reports after charge off? is there any case law i can use? and yes they are reporting to all 3 but only pulling TU.
  2. This question concerns using the Exempt Income Protection Act (EIPA) along with the Fair Debt Collection Practices Act and the Federal Credit Reporting Act to get violations on the debt collector. The Exempt Income Protection Act (EIPA) You are exempt from debt collection if you and your funds are exempt. We know this already. Now here comes the violations under the Fair Debt Collection Practices Act (FDCPA) 1- Reporting the debt to the credit reporting agencies is an attempt to collect a debt violates The Exempt Income Protection Act (exempt from debt collection) Now here comes the violations under the Federal Credit Reporting Act 1-Reporting false information (reporting a debt that is exempt from debt collection) Violates The Exempt Income Protection Act (exempt from debt collection) So the big question is: Can you use The Exempt Income Protection Act (EIPA) to remove collection accounts that are exempt from debt collection from being reported to the credit reporting agencies? If you are exempt from debt collection the reporting of the debt is a means of collection which violates The Exempt Income Protection Act.
  3. just read this wow check it out New York Court of Appeals Holds That Debt Buyer’s Claim Is Time-Barred Under New York’s “Borrowing Statute”: Debtor Entitled To Rely Upon Delaware’s Three Year Statute of Limitations here is the link New York Court of Appeals Holds That Debt Buyer hope this helps
  4. Under the FDCPA a debt collector is in violation if they attempt to use any deceptive means to collect a debt. Under the Exempt Income Protection Act (EIPA) you are exempt from debt collection Now the questions are, 1- Can you use both of these two acts together to remove collection accounts from your credit reports? 2- Will the reporting of your debt by debt collectors to the credit bureaus be a violation of both (EIPA) and the FDCPA? This is how I see it maybe I am wrong let’s see what the good people on this board have to say. You are collecting SSI which is exempt funds a debt collector sends you a collection letter you write back to the collector and let him know you are collection exempt funds. He can’t collect on your funds for the debt right? Ok they report the debt now here is how I see it. 1- Under the Exempt Income Protection Act (EIPA) a debt collector is in violation if they attempt to collection on exempt funds Reporting a debt as a collection to the bureaus is (attempting to collect on exempt funds) Reporting on your credit report is considered collection activity: Boatley Vs Diem Corporation 2- Reporting a debt as a collection to the bureaus when it legally can not be a collection is a violation. (SSI funds are exempt from debt collection) how can you place it for collections? 15 U.S.C.A. § 1692e § 807(2) (A) § 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The false representation of— (A) the character, amount, or legal status of any debt Reporting on your credit report is considered collection activity: Boatley Vs Diem Corporation Have fun with this one
  5. here is an update to this, what should I do? should I go after them?
  6. just got word on this matter i am scanning the letters now. be back so with the post.
  7. S T A T E O F N E W Y O R K ________________________________________________________________________ 7558--A 2009-2010 Regular Sessions I N A S S E M B L Y April 14, 2009 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to consum- er credit transactions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "consumer credit fairness act". 3 S 2. Subdivision 2 of section 213 of the civil practice law and rules, 4 as amended by chapter 709 of the laws of 1988, is amended to read as 5 follows: 6 2. an action upon a contractual obligation or liability, express or 7 implied, except as provided in section two hundred thirteen-a OR TWO 8 HUNDRED FOURTEEN-F of this article or article 2 of the uniform commer- 9 cial code or article 36-B of the general business law; 10 S 3. The civil practice law and rules is amended by adding a new 11 section 214-f to read as follows: 12 S 214-F. CERTAIN ACTIONS ARISING OUT OF CONSUMER CREDIT TRANSACTIONS 13 TO BE COMMENCED WITHIN THREE YEARS. AN ACTION ARISING OUT OF A CONSUMER 14 CREDIT TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A DEFENDANT 15 MUST BE COMMENCED WITHIN THREE YEARS, EXCEPT AS PROVIDED IN SECTION TWO 16 HUNDRED THIRTEEN-A OF THIS ARTICLE OR ARTICLE 2 OF THE UNIFORM COMMER- 17 CIAL CODE OR ARTICLE 36-B OF THE GENERAL BUSINESS LAW. WHEN THE PERIOD 18 WITHIN WHICH AN ACTION MAY BE COMMENCED UNDER THIS SECTION HAS EXPIRED, 19 THE RIGHT TO COLLECT CONSUMER CREDIT DEBT IS EXTINGUISHED AS WELL AS THE 20 REMEDY. 21 FOR PURPOSES OF THIS SECTION, "THE RIGHT TO COLLECT CONSUMER CREDIT 22 DEBT" SHALL MEAN ANY ATTEMPTS BY THE CREDITOR, THIRD PARTY PURCHASER, OR 23 OTHER AUTHORIZED THIRD PARTY TO COLLECT SUCH DEBT INCLUDING, BUT NOT 24 LIMITED TO, CALLS, MAIL OR OTHER ATTEMPTS TO COLLECT. 25 S 4. The civil practice law and rules is amended by adding a new 26 section 306-c to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11087-04-9 A. 7558--A 2 1 S 306-C. ADDITIONAL MAILING OF NOTICE IN AN ACTION ARISING OUT OF A 2 CONSUMER CREDIT TRANSACTION. 1. AT THE TIME OF FILING WITH THE CLERK OF 3 THE PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IN AN ACTION ARISING 4 OUT OF A CONSUMER CREDIT TRANSACTION, THE PLAINTIFF SHALL SUBMIT TO THE 5 CLERK A STAMPED ENVELOPE ADDRESSED TO THE DEFENDANT TOGETHER WITH A 6 WRITTEN NOTICE IN CLEAR TYPE OF NO LESS THAN TWELVE-POINT IN SIZE, IN 7 BOTH ENGLISH AND SPANISH, AND CONTAINING THE FOLLOWING LANGUAGE: 8 NOTICE OF LAWSUIT 9 (DATE) 10 (NAME OF COURT) 11 (COUNTY) 12 (STREET ADDRESS, ROOM NUMBER) 13 (CITY, STATE, ZIP CODE) 14 (NAME OF DEFENDANT) 15 (ADDRESS OF DEFENDANT) 16 PLAINTIFF:__________________________________ 17 DEFENDANT:__________________________________ 18 NAME OF ORIGINAL CREDITOR, UNLESS SAME:______________________________ 19 INDEX NUMBER:_______________________________ 20 ATTENTION: A LAWSUIT HAS BEEN FILED AGAINST YOU CLAIMING THAT YOU OWE 21 MONEY FOR AN UNPAID CREDIT CARD, MEDICAL, STUDENT LOAN OR OTHER DEBT. 22 YOU SHOULD GO TO THE COURT CLERK'S OFFICE AT THE ABOVE ADDRESS AS SOON 23 AS POSSIBLE TO RESPOND TO THE LAWSUIT. YOU MAY WISH TO CONTACT AN ATTOR- 24 NEY. IF YOU DO NOT HAVE AN ATTORNEY, HELP IS AVAILABLE AT THE COURT. 25 IF YOU DO NOT RESPOND TO THE LAWSUIT, THE COURT MAY ENTER A JUDGMENT 26 AGAINST YOU. ONCE ENTERED, A JUDGMENT IS GOOD AND CAN BE USED AGAINST 27 YOU FOR TWENTY YEARS, AND YOUR MONEY, INCLUDING A PORTION OF YOUR 28 PAYCHECK AND/OR BANK ACCOUNT, MAY BE TAKEN. ALSO, A JUDGMENT WILL HURT 29 YOUR CREDIT SCORE AND CAN AFFECT YOUR ABILITY TO RENT A HOME, FIND A 30 JOB, OR TAKE OUT A LOAN. 31 YOU CANNOT BE ARRESTED OR SENT TO JAIL FOR OWING A DEBT. 32 IT IS IMPORTANT THAT YOU GO TO THE COURT CLERK'S OFFICE LISTED ABOVE AND 33 BRING THIS NOTICE WITH YOU. ADDITIONAL INFORMATION CAN BE FOUND AT THE 34 COURT SYSTEM WEBSITE AT: WWW.COURTS.STATE.NY.US 35 2. THE FACE OF THE ENVELOPE SHALL BE ADDRESSED TO THE DEFENDANT AT THE 36 ADDRESS AT WHICH PROCESS WAS SERVED, AND SHALL CONTAIN THE DEFENDANT'S 37 NAME, ADDRESS (INCLUDING APARTMENT NUMBER) AND ZIP CODE. THE FACE OF THE 38 ENVELOPE ALSO SHALL STATE THE APPROPRIATE CLERK'S OFFICE AS ITS RETURN 39 ADDRESS. 40 3. THE CLERK PROMPTLY SHALL MAIL TO THE DEFENDANT THE ENVELOPE 41 CONTAINING THE ADDITIONAL NOTICE SET FORTH IN SUBDIVISION ONE OF THIS 42 SECTION. NO DEFAULT JUDGMENT BASED ON THE DEFENDANT'S FAILURE TO ANSWER
  8. here is 1 for NY no DCA Lic # how many more. let use this as a refesher course. i think their is case law on this letter.
  9. i filed a False claim on them with the NYS OAG and the 10TH JUDICIAL DISCIPLINE COMMISSION and they are both investigating them. i would like to see them get out of this.
  10. here they tried to sue me back in 2006 for this debt but lost in 2007 so why would they pull reports for an account in 2008 and 2009 if they say they sent back the account? and why what resaon do they have to pull a report on a claim they could not prove in court after the case was over?
  11. file complaint with the OCC Office of the Comptroller of the Currency tell them you ask First Premier for this information and they refuse to give it to. that what i did and i got a copies of the statments everything i wanted.
  12. i just got this from cohen & slamowitz saying they never made inquires into my report and if they did they did it for an extenetison of credit. here is the letter and report. so can i get $2,000.00 from them? the letter were move down