vballchick

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vballchick last won the day on July 5 2010

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About vballchick

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  1. Lueser has one posted on his site here: http://teh402.blogspot.com/2010/05/hsbc-cardmember-agreement-naf-aaa-and.html
  2. Go to Lueser's site. I gave him an HSBC (Best Buy) and there may be others.
  3. I have read that we shouldn't dispute online. Do it in writing. Use personalized stationery and purple or teal ink. This way someone has to manually read and investigate instead of a computer. Hopefully, this will really get someone to really read and investigate!
  4. Be sure to answer each of the allegations. Deny everything except the obvious such as your name. Make them prove each and every allegation. They are looking for you to admit their case for them. You then list your affirmative defenses and counterclaims. In my state, if you do not answer, the allegations are assumed admitted by the defendant. If you don't list your defenses and counters, you may not be able to use them later. Be sure to state that you reserve the right to add and/or amend defenses and counters at a later time. There are plenty examples on this site of answers you can search for and look at. Be sure to find your state's RCPs. In my state, the next thing I would do is MTC private arbitration if it is available but it is up to you as to what you would like to do next.
  5. CPS, I agree with a couple of the others with adding SOL as an affirmative defense!
  6. keb, Welcome to the forum! First take a breath and then start reading and learning. There's some very good suggestions and information others have posted here. I am posting a site that may be of some help with info and approaching this specific scumpany. http://creditboards.com/forums/index.php?showtopic=288397&hl=jack Good luck! ;o)
  7. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142 You can start here. Search the forum. You have to read and learn and probably it would be a good idea to find a way to go down to the court and research.
  8. In AZ justice court, you would answer each and every allegation, state your affirmative defenses and counterclaims if you have them. Anything you don't answer is deemed as admitted. I would deny everything except the obvious like your name. If this is for a credit card, you can deny the court's jurisdiction and do a MTC arbitration (private) if it is available with your agreement. I write each allegation word for word and then write my answer. An example of an answer could be: Defendant's Answer: Defendant denies allegations contained in paragraph (2) as Defendant is without sufficient information or knowledge to either admit or deny therefore denies and holds Plaintiff to provide strictest proof thereof. There are a few different ways you can answer. Just be sure to read and absorb each individual allegation in each paragraph as you can admit and/or deny more than one allegation in each one. Example: you can live in the county but deny that the court has jurisdiction because the agreement/contract says that arbitration can be used to resolve all disputes. Also at the end of your answer, I would suggest to put that you reserve the right to add and/or amend your answers at a later time. I would also do the same for any counters you may have. I leave my counters off and just reserve the right to add them later for arbitration and/or the case goes further. You want to deny everything except the obvious and make them prove their OWN case--not you do it for them. They will try and trip you up--don't let 'em! Hope this helps. VBC
  9. I have not used the exact section of the FDCPA. I just say that all calls are inconvient at any time, any place. They should already know the law. Then they only time they may be allowed call is if there is a change in status in the case. I bet they didn't even notice the wrong statute.
  10. By not answering these, it is the same as admitting. I would try and answer all of these anyway and send to counsel, answer sj and mtc private arb. Get it done now!
  11. Another thought. You can also stop the calls to your cell phone or at least get violations for calling it via TCPA! They cannot call if they do not have your express consent. If they do, revoke it. It could add up for you.