richbyrd1981

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About richbyrd1981

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    Florida
  1. Thank you for all your help. 1500 dollars plus complete line item deletion. Thanks again...... until next time....
  2. First off I would like to say Thank you so much for yours and everyone else’s help, I hope the help keeps coming b/c I think this case is going to be long and drawn out. Yes the application does have my home address on it. But when I called my local police department to try and fill out a police report the officer said I needed to find out where it was filled out at, what city, county, and state, plus she told me that she doesnt think that much will come from it because the application was dated Feb. 2004. But I still e-mailed AA lawyer and asked him where the application was filled out at. His said that the case was sent to another lawyer and that all questions would have to go thru him. I then e-mailed him again and asked him for the new lawyer’s information and I still have not received any response. So I looked up the phone number for the OC and I called them. The OC said that they had nothing regarding my account except for AA phone number. I haven’t researched if FL has any laws in regards to my case, but I think I messed up when I filled the lawsuit. When I filled out the claims part of the statement of claim I only wrote "Violations of FDCRA and FCRA, Defamation and Financial Injury" so I don’t think I can seek and Florida violations. Aren’t they supposed to mail me letter giving me 30 days to respond or they can assume the debt is valid and start their collection activities. I never received any thing from them until after I disputed the item with the credit bureaus. Once I disputed it with credit bureaus I received something from them once a month like clockwork and they immediately started to call me. All most like they were waiting for me to make the first move. Since the OC says they have nothing regarding the account AA must have all the information, they must have had it all along, and it took 2 years plus I had to file a lawsuit against them just to get the application, so I don’t think they are going to give me those documents without a fight. I have my first court appearance this week, it’s only a mediation hearing, can I ask for it then or will I have to go in front of the actual judge to get it? I signed up for a credit monitoring/id protection program is that enough or do I need to do something else more? I had suspicions that someone had used my identity when I first viewed my credit reports back in august of 2008. I had several items on there that I have no memory of, but when I disputed the information everyone deleted the information rather than to investigate my claims. All but AA and now I have some hard evidence. But what seems so odd is that for two years I begged them to please send me some the original documents, some sort of proof to show me weather this account was actually mine or if my suspicions were correct and someone had been using my identity and they did nothing. Then less than 24 hours after talking with AA lawyer, I got something. Do you think it is at all possible they forged the application? Don’t worry I’m ready to play, I have nothing to lose and everything to gain. I have to find out who do this me, because who’s to say that once I clear this up and do buy a house that person won’t do it again to me, and this time it could be a lot worst.
  3. Thanks for all the help every one. I am new to the whole forum thing and I guess I wasn't allowed to post my question more on more than one board and the other ones got deleted, which <Removed> because there was some good advice on those too. I didn't know what board would be best for my situation, so if anyone thinks I will have better luck on another board please let me know. Since I posted this last night the lawyer called me today and he sent me the original application for the credit card. It is clearly not my handwriting and or signature. Looks like a girl filled it out and forged my signature. I am pretty confidant that I can prove beond a reasonable doudt that I did not fill out the application. The violations Im hoping to win are that they never propely validated the debt. They never sent me something telling me they were going to put this on my credit, even though the lawyer says they did and since i did not dispute it in the 30 days I forfited all of my rights regading any disputes. They called my work on 3 seperate occations even though I asked them not too. They continuted debt collection activities (sending me bills and calling) while I was disputing the debt. They never provided me with the OC information other than there name. They never provided me with there license numbers and registered agent and they never proved to me that they are even allowed to collect in my state. plus they haved caused me lots of stress and agrivation and I have been denied credit because of negitive items on my credit report (AA and one other), so they are responsable for half of those damages. Some other points I need to make are that the SOL is over, I live in Florida, and the only settlement he has offered is to delete the item if I drop the suit.
  4. Thanks for all the help every one. I am new to the whole forum thing and I guess I wasn't allowed to post my question more on more than one board and the other ones got deleted, which <Removed> because there was some good advice on those too. I didn't know what board would be best for my situation, so if anyone thinks I will have better luck on another board please let me know. Since I posted this last night the lawyer called me today and he sent me the original application for the credit card. It is clearly not my handwriting and or signature. Looks like a girl filled it out and forged my signature. I am pretty confidant that I can prove beond a reasonable doudt that I did not fill out the application. The violations Im hoping to win are that they never propely validated the debt. They never sent me something telling me they were going to put this on my credit, even though the lawyer says they did and since i did not dispute it in the 30 days I forfited all of my rights regading any disputes. They called my work on 3 seperate occations even though I asked them not too. They continuted debt collection activities (sending me bills and calling) while I was disputing the debt. They never provided me with the OC information other than there name. They never provided me with there license numbers and registered agent and they never proved to me that they are even allowed to collect in my state. plus they haved caused me lots of stress and agrivation and I have been denied credit because of negitive items on my credit report (AA and one other), so they are responsable for half of those damages. Some other points I need to make are that the SOL is over, I live in Florida, and the only settlement he has offered is to delete the item if I drop the suit.
  5. Thanks for all the help every one. I am new to the whole forum thing and I guess I wasn't allowed to post my question more on more than one board and the other ones got deleted, which <Removed> because there was some good advice on those too. I didn't know what board would be best for my situation, so if anyone thinks I will have better luck on another board please let me know. Since I posted this last night the lawyer called me today and he sent me the original application for the credit card. It is clearly not my handwriting and or signature. Looks like a girl filled it out and forged my signature. I am pretty confidant that I can prove beond a reasonable doudt that I did not fill out the application. The violations Im hoping to win are that they never propely validated the debt. They never sent me something telling me they were going to put this on my credit, even though the lawyer says they did and since i did not dispute it in the 30 days I forfited all of my rights regading any disputes. They called my work on 3 seperate occations even though I asked them not too. They continuted debt collection activities (sending me bills and calling) while I was disputing the debt. They never provided me with the OC information other than there name. They never provided me with there license numbers and registered agent and they never proved to me that they are even allowed to collect in my state. plus they haved caused me lots of stress and agrivation and I have been denied credit because of negitive items on my credit report (AA and one other), so they are responsable for half of those damages. Some other points I need to make are that the SOL is over, I live in Florida, and the only settlement he has offered is to delete the item if I drop the suit.
  6. THANK YOU JACKSON FOR YOUR REPLAY. THIS IS MY FIRST TIME ASKING FOR HELP ON A BLOG/FORUMM, SO I APOLOGIZE IF IM DOING THIS WRONG. HE IS OFFERING ME A SETTLEMENT, HE SAID HE WOULD DELETE THE RECORD FROM MY CREDIT REPORT IF I DROP THE CASE. WHICH I THINK IS BULL **** BECAUSE IF SPENT HOURS AND HOURS MESSING WITH THEM TO CLEAR THIS UP, PLUS I HAVE BEEN DENINED 2 HOMELOANS BECAUSE OF IT. HE HAS NOT ASKED FOR DISCOVERY YET, AND FROM WHAT I UNDERSTAND ONLY THE JUDGE CAN MAKE ME SEND HIM DISCOVERY. BUT I SENT MOST OF MY CASE TO HIM WHEN I ORRIGINALLY FILLED THE LAWSUIT, SO THERES NOT MUCH LEFT TO BE DISCOVERED. WHEN I DISTPUTED THE ITEM WITH ASSET THE SENT ME A PAPER ON THIER LETTER HEAD WITH MY INFORMATION ON IT. AFTER THAT I ASKED THEM FOR THE ORIGINAL DOCUMNETS SHOWING MY SIGNATURE AND MY HANDWRITING. THE LAWYER SAID THAT THEY DID NOT HAVE TO PROVIDE THAT TO ME AND ALL THEY HAD TO DO WAS MAKE SURE THE INFORMATION THEY HAVE IS CORRECT. BASICLY SAYING THAT ASSET HAS ALREADY SENT ME WHAT I HAVE ASKED FOR AND THEREFOR I HAVE NO CASE.
  7. I recently filed a lawsuit in small claims court against Asset Acceptance for violations of FDCRA and FCRA, defamation and Financial Injury. The short story is that I disputed a negative item on my credit report. They originally sent me a print out with my personal information on it. I asked for more documents like the original application with my signature on it. They sent me a letter stating that they had requested the information from the OC and they would forward it to me when they received them. This happened 3 times before I finally filled the lawsuit. Also during this time I applied for a home loan and was denied because of negative items on my report (Asset Acceptance and one other). The lawyer called me to try and settle with me. The lawyer said a couple of things and I want to know if they are true: He said that if this case does go to court the only real issue will be if the debt is really mine. He will get the documents from the OC and then I’ll have no case. He told me that they can take this case to the federal court systems since I am claiming federal violations. He also said that they have no legal obligation to provide me with any of the documents I requested, they only have to verified that their records are correct, not the OCs. He said that there are many cases he could send me from every court, except the US Supreme, that proves it. I representing myself and I feel like he is trying to bully me into dropping the case. I feel I have a strong case against them and I don’t know what to do now.
  8. I recently filed a lawsuit in small claims court against Asset Acceptance for violations of FDCRA and FCRA, defamation and Financial Injury. The short story is that I disputed a negative item on my credit report. They originally sent me a print out with my personal information on it. I asked for more documents like the original application with my signature on it. They sent me a letter stating that they had requested the information from the OC and they would forward it to me when they received them. This happened 3 times before I finally filled the lawsuit. Also during this time I applied for a home loan and was denied because of negative items on my report (Asset Acceptance and one other). The lawyer called me to try and settle with me. The lawyer said a couple of things and I want to know if they are true: He said that if this case does go to court the only real issue will be if the debt is really mine. He will get the documents from the OC and then I’ll have no case. He told me that they can take this case to the federal court systems since I am claiming federal violations. He also said that they have no legal obligation to provide me with any of the documents I requested, they only have to verified that their records are correct, not the OCs. He said that there are many cases he could send me from every court, except the US Supreme, that proves it. I representing myself and I feel like he is trying to bully me into dropping the case. I feel I have a strong case against them and I don’t know what to do now.
  9. I recently filed a lawsuit in small claims court against Asset Acceptance for violations of FDCRA and FCRA, defamation and Financial Injury. The short story is that I disputed a negative item on my credit report. They originally sent me a print out with my personal information on it. I asked for more documents like the original application with my signature on it. They sent me a letter stating that they had requested the information from the OC and they would forward it to me when they received them. This happened 3 times before I finally filled the lawsuit. Also during this time I applied for a home loan and was denied because of negative items on my report (Asset Acceptance and one other). The lawyer called me to try and settle with me. The lawyer said a couple of things and I want to know if they are true: He said that if this case does go to court the only real issue will be if the debt is really mine. He will get the documents from the OC and then I’ll have no case. He told me that they can take this case to the federal court systems since I am claiming federal violations. He also said that they have no legal obligation to provide me with any of the documents I requested, they only have to verified that their records are correct, not the OCs. He said that there are many cases he could send me from every court, except the US Supreme, that proves it. I representing myself and I feel like he is trying to bully me into dropping the case. I feel I have a strong case against them and I don’t know what to do now.