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About befranktome

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  1. So I guess Wang is the only one considered a plaintiff? 6.2 states plaintiff, not Wang specifically, but the definition of plaintiff states him specifically and as representative of the whole class. Man, why can't it just be plain and simple. Why not state Wangs debt is removed but no other class members.
  2. Even 6.5 says except as provided in 6.2. I would have read that to cover any debts outside of the parameters of the suit. Why would they stipulate Wang by name in 6.2 personally AND as representative of the class, as defines as "plaintiff" in 2.28.
  3. In the stipulated agreement section 6.2 posted above it also included removal of the debt forever. I didn't fill out the form for the money because they didn't notify me before the deadline. They automatically included me as a member though. The way that I read it, the accounts for the class members should have been deleted, not just Wangs personal ones. That is why I'm asking, as plaintiff acting for the class, does the account deletion and cessation of collection apply to all of the class members?
  4. I have a question. I am a member of the Wang vs. Asset class settlement. I received my 6 months credit monitoring. I went to the site to read the settlement agreement and it has a section in it that appears to me says that the account should be eliminated... 6.2 Release of Plaintiff From Debt Allegedly Owed To Asset. As of the Effective Date of the Settlement, Asset shall be deemed to have fully, finally and forever released Plaintiff from all Released Claims described in Section 2.31 above, including any action to collect any debt owed or allegedly owed by
  5. If it were me, I would file a counter claim so that they couldn't just dismiss the lawsuit. Actually at this point, I believe it is a blessing in disguise. You have the opportunity to leverage them for violations and a chance to get the suit dismissed with prejudice. I would even try to negotiate a deletion from my credit as well. If you are going to have to do all of this work because of their fraudulent tactics, when you acted in good faith, then you need compensation for it. I know if I were on the jury hearing this case, I would be sticking it to them. Good luck and good vibes going yo
  6. I have a different opinion, I'm not sure that I would claim fraud with the bank. At least I wouldn't claim it as an unauthorized withdrawal. I suspect that could come back and bite you. What I would do is file a response asap. I would also file a counterclaim as soon as I possibly could for false and deceptive practices. I know there was no written agreement. But there was a verbal agreement and money changed hands based on that agreement. Though hard to prove without it being in writing, it is still not impossible. Phone records and the withdrawal provides some credence. Not to ment
  7. Florida Rules of Civil Procedure RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERS (a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate
  8. gigi - Check the case online. If it was truly dismissed without prejudice, you can actually pull that up and print the actual filing. Official records of _______ county. I have the link for Lake County if you need it, not sure which county you are in. If it was dismissed then I have a theory of what may be going on. I've watched hundreds of cases in Florida. There seems to be a trend going that when someone answers the suit, the Plaintiff just lets the case sit and does nothing. Sometimes those cases end up dismissed for lack of prosecution. Some eventually get voluntary dismissal. But
  9. Richard J. "Bud" Hibbs Obituary: View Richard Hibbs's Obituary by Star-Telegram When I fist started out fighting, it was Bud Hibbs energy and vigor that inspired me.
  10. See, this is a fine example of why it is so scary doing this. I know just enough to get myself in trouble. One little word can make the difference. This would seem like a simple case. Just go file for a violation right? But then, I never would have known about the VOIP situation. If I hadn't been reading these boards since 2009, I wouldn't have understood that Sprint the OC, didn't violate. Even attorneys that I've spoke to, don't understand it. Or only understand about as much as I do. Our legal system is nothing more than a game of chess. Though I personally love chess, the rules s
  11. 1) BBB complaint filed against Sprint. 2) Communication back and fourth through the BBB with Sprint 3) Phone calls start from Pentagroup (CA for Sprint) disclosing Sons debt to third party. 4) Continued communication with Sprint through BBB 5) Received communication from Sprint through BBB that they would make the calls stop. 6) Started looking for an attorney to represent son and go after the CA Pentagroup for the third party disclosure of debt through the calls and voice mail.
  12. Sprints CA Pentagroup was making the calls. The complaint was filed against Sprint with the BBB. The communication through the BBB was with Sprint. That is why I was only asking about the third party disclosure violation made by the CA representing Sprint. My son wouldn't have a violation against Sprint for continued calls, because they weren't made to him and they were the OC.
  13. The Ninth Circuit further noted that oral notification of a dispute triggers § 1692c(a)(1 ) "which bars communication with a debtor 'at a time or place known or which should be known to be inconvenient to the consumer ."' Id . (quoting 15 U.S .C . § 1692c(a)(1)). This is on the bottom of page 5 and top of page 6 Baez v. Wagner & Hunt, P.A., 442 F.Supp.2d 1273, 1274 (S.D. Fla. 2006) I'll post the link to the site I got it from if you want. I actually got it through an attorneys site that defends the debt collector. It is a PDF file through his site. Didn't want to post something that
  14. It depends, is the account linked to your bank account in some way? Does your bank maybe own the company that the account is with? Some banks have an offset clause in their fine print when you open the account. Then down the road, they may merge with or buy out another lender. If any monies are past due, I believe they have the right to just take it from your account because of the offset clause. Either way, do as the others have advised, close the account, contest it and find a nice credit union.