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Everything posted by Prosay

  1. Well if they are "out to get someone", they need to be sure that "someone's" constitutional rights under freedom of speech are not violated. If I am guilty of plagiarism as you indicated, then how can this be true, when you are quoting FEDERAL RULES OF EVIDENCE, as quoted by jurisdictionary? After all, they didn't "AUTHOR" THE FEDERAL RULES OF EVIDENCE, they SIMPLY QUOTED THE RULES.
  2. Google; DISCOVER CARD MASTER TRUST for an in depth report HERE'S WHAT I FOUND...BUT IT IS UNCLEAR IF DISCOVER IS THE OWNER OF ACCOUNTS ! (AS REPORTED TO THE SEC) DISCOVER CARD EXECUTION NOTE TRUST TRUST AGREEMENT Dated as of July 2, 2007 between DISCOVER BANK, as Beneficiary and WILMINGTON TRUST COMPANY , as Owner Trustee It may be possible to google and sub any card name and find similar reports The language is not easily interpreted by this "inquiring mind", however the report clearly indicates that WILMINGTON TRUST COMPANY is the "Owner Trustee" Having said this as reported as such with the SEC...WHO is the "ACTUAL OWNER WITH RIGHTS TO FILE SUIT" DISCOVER BANK or WILMINGTON TRUST" ? It is my understanding that a suit can be brought only by an owner in any situation.. .. THE REPORT IS QUITE LONG...AND I DIDN'T FULLY UNDERSTAND IT...maybe one of our astute members can review and interpret the report ! I found this by Google " DISCOVER CARD MASTER TRUST AGREEMENT" IF THERE IS ANY LANGUAGE IN THIS REPORT INDICATING THAT OWNERSHIP IS RETURNED TO DISCOVER by WILMINGTON, WHEN AN ACCOUNT IS DEFAULTED...I didn't see it ...MAYBE ONE OF OUR MEMBERS WHO IS IN TUNE WITH THESE KIND OF REPORTS WILL INTERPRET ALL OF THIS.. NO "SLAM DUNKING " PLEASE ! I SUBMIT THIS IN GOOD FAITH !
  3. AW come on now...they ain't going to put a bounty on your head ! LOL ! ...but then again, some of them like the dude they busted in Pennsylvania with an AK-47 might be crazy enough to try !
  4. Timeshare is a BIG JOKE in my opinion. When you buy a timeshare, you only reserve "time" to be set aside each year for your use...YOU SURE AS HECK ARE NOT BUYING PROPERTY ! So how can they state that you have "abandoned the property" All you have done is relinquish reservation of the time slot . Maybe you need to request a copy of the "property deed" showing your ownership of the property" Is there any such thing as a "TIME DEED" ! THESE TIMESHARE GUYS HAVE TRIED TO SUCKER MY WIFE AND ME WITH THE TIMESHARE PITCH...YOU KNOW THE DRILL" BUT LOOK..WITH OWNERSHIP" YOU WILL HAVE TWO WEEKS SET ASIDE FOR YOU EACH YEAR" , and it's only going to cost ( EXAMPLE ONLY) $300.00 per month plus the standard maintenance fee" of $75.00 per month... I always counter by saying, "I'll need to have my attorney review the agreement, then I will decide".... has any of these guys ever allowed you to take an agreement home with you...UNSIGNED BY YOU ? I ALSO TELL THEM THAT $375.00 EACH MONTH EQUALS $4500.00 PER YEAR, DIVIDED BY 360 HOURS OF FAMILY USE EACH YEAR , (14 DAYS X 24 HOURS = 360 HOURS.) NOW DIVIDE THE $4500.00 BY 360 = $12.50 PER HOUR for our use each year... 24/7 for 14 days.. AND ALL YOU HAVE DONE IS reserved "TIME" !! I Also tell them that for $12.50 per hour or $4500.00 I can take my family on at least 3 decent vacations each year...and not be hasseled by annual increases in monthly maintenance fees !...."NOW ON THE OTHER HAND, IF YOU WILL GIVE ME A DEED TO PARTIAL OWNERSHIP OF THE PROPERTY...WE MAY BE ABLE TO CONSIDER YOUR "MOST GENEROUS OFFER"
  5. I thought I had given them credit !! Sorry, my pc goes screwy at times ! Any way folks, this is information from them. and why are you hiding in "parts unknown" ?? Heck I'm in Tennessee..
  6. (INTERROGATORIES) Interrogatories are simply written questions that your opponent must answer under oath! USE THEM WISELY! USE THEM SPARINGLY! THEY ARE POWERFUL TOOLS TO FIND EVIDENCE! But, you only have a limited number to use. Rule 33 Federal Rules of Civil Procedure states, "Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete sub parts." State rules may allow more or less, but most courts put some limit on the number of interrogatories you can use. So, use them sparingly and wisely - but USE them! PERHAPS ONE OF THE MOST IMPORTANT INTERROGATORIES" "Identify all persons having first-hand knowledge of any material fact alleged in the pleadings of this case and, with regard to each such person, state what they know about each such fact and how they came to know it." THE OPPOSITION WILL HAVE A FIT !! They will respond, "Objection, overbroad, burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege," blah, blah, blah... Immediately file a "Motion for Better Answers to Interrogatories" and set your motion for hearing! You are entitled to evidence disclosure! In fact, Rule 26 Federal Rules of Civil Procedure requires such disclosure, as do the state courts. So, don't be hoodwinked by your own lack of knowledge about rules and what they require of opponents. And, don't be fooled by the all-too-common objection, "The facts sought are not admissible at trial." They don't have to be admissible at trial! Rules of evidence discovery are different from rules that control at trial. Rule 26( Federal Rules of Civil Procedure provides, "Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense -- including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence." State rules generally follow the federal rule. DON'T BE AFRAID TO ASK QUESTIONS FOLKS....IT'S THE QUESTIONS YOU DON'T ASK THAT ARE PROBLEMATIC !! Never settle for conjecture or hearsay folks !!!
  7. MY APPROACH TO THESE GUYS.. "PROVIDE ALL DOCUMENTATION..."ACTUAL AND FACTUAL" RELATED TO THIS ALLEGED ACCOUNT. "The burden of proof lies with the affiant" PER Tenn code annotated.
  8. How about this approach to JDB's ? If you receive a dunning letter from a JDB... Reply with" In view of the fact that you have purchased this alleged account for a mere fraction of the amount so claimed, $2500.00 example) in your letter, please substantiate your actual ownership of this alleged account by showing a verifiable and authenticated BILL OF SALE as well as an authenticated purchase agreement SHOWING "VALUABLE CONSIDERATION PAID" FOR THIS ALLEGED ACCOUNT. I would appreciate your earliest reply as it is our desire to reach a FAIR and EQUITABLE SETTLEMENT", but it is imperative that we are provided with accurate documentation on which a FAIR settlement will be offered. Please understand that we are not refusing to pay any legitimate amount, however we request that you substantiate the amount so alleged by providing us with all the details of how you arrived at this amount in accordance with ''THE TRUTH IN LENDING ACT" IN ADDITION TO THE ABOVE REQUESTS. LACK OF PRIVITY..Further more, we are of the opinion that the doctrine of 'LACK OF PRIVITY" may apply in view of the fact that we have never had any business dealings or an agreement with your firm. If you disagree with this observation, please explain why." ******************************** Now if they come back with " the amount they paid( valuable consideration) ...say ...$60.00 (which they probably won't disclose), then offer to settle for $60.00 plus the prevailing interest rate of , say 5%, or $63.00....OR EVEN 100% RATE OF RETURN...$120.00. It's doubtful they will disclose anything, especially the amount paid, but this should put you in the position of informing the court that you have previously offered a 'FAIR AND EQUITABLE SETTLEMENT", SHOULD YOU BE SUED. Might be a long shot...what do you guys think ? AGAIN, I AM NOT OFFERING LEGAL ADVICE...just a different approach.
  9. Also, the BILL of Sale or PURCHASE agreement may reflect ONLY the PORTFOLIO WHICH THEY PURCHASED, and may not prove that your account was included in that SPECIFIC PORTFOLIO..hence, your request that they prove actual ownership of your specific account and also "valuable consideration paid" for your account. Just sharing my thoughts...not to be construed as legal advice.
  10. I would appreciate an explanation of why the NUTCASE approach might subject one to being banned in this forum, especially when providing legal advice was not my intention ? Please be assured that it's not my desire to violate any rules of this forum, rather share my own personal experience.
  11. Please understand that IT IS NOT MY INTENTION TO GIVE LEGAL ADVICE, RATHER SHARE MY OWN "PERSONAL NUTCASE APPROACH" So far, I have not been subjected to any detrimental legal consequences...rather all is quiet ! I apologize to all who may have misconstrued my intentions. I am not an attorney, therefore cannot give legal advice ! In any event, I wish the best for everyone.
  12. I've seen many posts in here from folks who say they have been sued by MIDLAND. Several months ago I get the standard BS letter from MIDLAND pertaining to an account I had disputed. I replied to them with my "nutcase" letter...guess what .. a few weeks later I get a reply from MIDLAND telling me that " they would have no further communication with me"...Is this a "win" , I guess it remains to be seen, but they got the message..."this is one NUT THAT WILL BE HARD TO CRACK" ! OH, I forgot to mention that the reason for my dispute was the fact that the creditor had FAILED TO MAKE FULL DISCLOSURE in their Terms of agreement. I pointed out that 'FULL DISCLOSURE" IS AN ABSOLUTE REQUIREMENT OF A VALID CONTRACT or agreement, and that absent FULL DISCLOSURE, any such contract or agreement is 'NULL AND VOID" THE OC did not disclose that my account would be sold thru the MASTER TRUST SECURITIZATION PROCESS to third party investors and that in view of that fact, relinquished ownership of the account. They failed to disclose that the funds received by the sale, would be used to fund the initial balance of my account, and that the OC would not/had not risked any existing capital or transferred any existing capital to my transactional account. I closed by respectfully requesting the copy of their SEC 8K which would indicate the nature of their business transactions and identifying THE ACTUAL OWNERS OF THE PORTFOLIO in which my account had been placed. And of course I advised MIDLAND to explain why "LACK OF PRIVITY" would NOT APPLY, since I had never had any business dealings with MIDLAND. Of course, Midland didn't furnish the documents...rather chose to advise me of " no further communication" Of course I expect to be 'slammed" by some of the members...Or a statement " that you just got lucky"...bottom line...MIDLAND HAS DISAPPEARED ! I guess time will tell ....but I have been waiting now for at least two years.
  13. Very interesting...thanks for the post How about identifying the JDB to whom you are referring, as no doubt many of us may be dealing with this particular JDB at any given time... IMHO, the SEC K-10 reports filed by any JDB would support any question of "UNJUST ENRICHMENT" which might be raised before the court, especially if you have previously asked the proof of "valuable consideration paid" for your account. The SEC K-10's and actual amount paid for the any account purchased would also support any question of "actual damages or INJURY" claimed by ANY JDB. Or, we could always request the JDB to "send a copy of their SEC K-10, to support their claim of OWNERSHIP and damages or amount due to be verified by our inquiry DIRECTLY WITH THE SEC AND OFFICE OF THE CONTROLLER OF THE CURRENCY. Thanks !
  14. Just having a little fun, antique, my friend. You have a very big, generous heart...I like your style...and I wish you the most success !
  15. Nope...never have been in court to argue anything....that's why I feel that my "nut case" approach has worked so well for me...at the least, it makes these guys realize that I'm not willing to roll over and whimper.
  16. Who cares about "pissing them off" ? They should be more concerned about getting "pissed on". No one is required to be harassed by anyone...collectors or LAWYERS.. I MEAN AFTER ALL, THERE'S ALWAYS "EMOTIONAL PROBLEMS, PANIC ATTACKS, LOSS OF CONSORTIUM, LOSS OF SLEEP, HAVING TO TAKE MEDICATION FOR YOUR NERVES, SINCE YOUR DOCTOR TOLD YOU THAT YOUR NERVE PROBLEMS WERE MORE THAN LIKELY CAUSED BY ALL THE HARASSMENT.. See where I"m going with this ?
  17. I guess some of my files have been sitting in the legal departments of some of them now for a long, long time because I have sent quite a few C &D's over the last several years. The C & D should not stand alone, but needs to be part of a broader letter...one which contains all the right language to fit any given situation. I guess that's why I have enjoyed peace and quite for a long time now.
  18. HMMM...MAYBE WE SHOULD CONTACT THESE GUYS, and offer TO BUY OUR OWN ACCOUNTS...how about offering them , say, 2 cents on the dollar ! Heck, I could buy all of my accounts for about $30.00 ...and then file a "non-suit" against me and my wife ! And then I would ask myself to provide me with Validation...and demand that I remove all negs from my Credit Reports, or I would see myself in court ! ( Hey, we gotta run lite, every now and then ! LOL !!) But of course they will probably sale portfolios..not individual accounts...anybody got a few hundred thousand dollars to spare ?
  19. ...regarding debt collectors GOOGLE: " FTC Releases Annual FDCPA Report to Congress" I THINK YOU WILL FIND THIS TO BE VERY INTERESTING !
  20. Right you are my friend ! ...and I read last week where a JDB who had been on the run was nailed in Pennsylvania...WITH AN AK-47 in his possession ! See ya in about 20 years, Dude !
  21. Ok, let's rephrase this: "FAILURE TO COMPLY could also indicate "potential fraudulent efforts to collect" To something like this (in court....if it gets that far.. "Your Honor, if the Plaintiff has any proof of the matter in question, I would appreciate knowing why they refused to comply with my requests and respectfully ask the court for an explanation from the plaintiff.. Or, your Honor, since the Plaintiff has no documentation to support their claim for relief, does this not constitute ''committing fraud upon the court " ? Also your Honor, since the Plaintiff cannot produce the necessary documents to support their claim, and since they submitted a letter by US Mail to me, demanding payment for an unsupported claim, does this not constitute violation of "US CODE TITLE 18 CHAPTER 63 ..COLLECTIONS ( MAIL FRAUD, FRAUD AND SWINDLES) ? hmmmm...maybe it would be better for the Judge to answer this question !! Hows this BV ?
  22. Yeh, da are...da'll make youse an offer youse can't refuse.. How about a slice of Pizza..
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