newryman

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newryman last won the day on March 27 2010

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About newryman

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    Frequenter of THAT board
  • Birthday 02/21/1960

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    Philadelphia, PA

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  1. They are not accessing the credit reports, they are furnishing information for the CRA to process. The FCRA is quiet clear on who does what and under what circumstances. They are not breaching the court order.
  2. It is well settled as a matter of law that reporting to a CRA is collection activity. Hence I started another thread inviting everyone to fax them an immediate ITS in the absence of a check for $1,000 and permanent removal from "my" CR. it is one of those once in a lifetime chances. Consumers should take it. What can possibly be more unconscionable than acting in direct defiance of a court order not to undertake collection activity? Removing the information is in compliance with the court order as they are ceasing collection activity. There is no case law that supports the absurd idea that NOT reporting is collection activity. A straight forward breach of FDCPA which is an act of strict liability.
  3. If you can't afford to meet the payments then you are bankrupt. You need to decide to either declare it or to fight it. Making unsupportable payments is not going to help you one way or the other
  4. Now there is the difference between us. You are willing to settle with the 2nd where as I want to go all the way to the first Find grounds no matter how spurious and there normally are some from an appellate court to appeal it to the next level and file pro se. See just how much more cash they want to burn taking this further and try to force them to a negotiated settlement. Just a thought. If they want to fight it, drop the BK bomb in the middle of it all. Given the amount involved what have you got to lose?
  5. He will ask Frankie Falzone to collect it. Oh wait a minute
  6. Who the heck cares really? Calling a floor manager who is a convicted felon to the stand for cross examination about why he instructed another convicted felon who he served time with to serve process is hardly going to harm you when you are saying the service was defective in the first place. Binghamton and Buffalo are fine cities indeed.
  7. If you want it gone from CR sit back wait to be sued. Defend and win the suit, throw in a counter claim so they cant dismiss when you fight it. With a peice of paper signed from the judge saying you do not legally owe the debt tell the CRA's to get it the heck of your report or you will sue them.
  8. There is a much shorter argument - it is called show me permissible purpose for a hard pull or send me a check and remove it.
  9. A win is a win is a win of course it good. I do not mean to imply otherwise, if I did please accept my apologies. I was merely curious because of our previous intereaction in the forums. And once again Congrats ITS = I intend to Sue. Having got MCM once trust me they take you very seriously when you tell them you are going to sue the next time. I am currently trying to find people in MD to fax ITS letters and issue in the absence of $1,000 check and removal of all entries on their CR
  10. There is a theory that I have seen expounded elsewhere that a VOD demand on one is binding on subsequent collectors. There is no case law that I am aware of that supports or denies this theory. However, I am aware of case law that the obiter makes comment and says although it is not the instant matter if there is an ambiguity it is for congress to address and correct not the courts. That is obiter that should be borne in mind for other untested areas of FDCPA. When dealing with unifraud my view is people should simply FOAD them and deal with a summons if and when it arrives. They are not exactly the sharpest tools in the box and can be disposed off with relative ease. I simply do not see the point of arguing with village idiots. As always others may have a different viewpoint.
  11. The full amount? If so well done sir. And welcome to special handling. Collecting is so much easier from here on in, a simple ITS works every time :lol: