NoMoneyNoHoney

This might help get you exempt from paying a debt,....

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Ok gang, after doing all of this research and stuff, I came across several laws about unsolicited cc being sent to you. It is illegal for cc's to sent to you, if you didn't request it or didn't ask for it.

I was trying to see if a check which I never ask this company to send to me would fall under this unsolicited cc law, because once cashed it was like a revolving credit loan like cc but you just write checks. I could not find anyone to answer the legalities so if anyone can share some info, I'd appreciate it.

After I received this check, which I cashed , not less that a year later , they sent me another check for more. Those sneaky BENEFICIAL muther f'ers set me up to , they hit me at X-Mas time. I mean talk about low , you send me a check of $3500 in the mail and all I need to do is cash it. Well, look now I can't even pay them and now I am trying to settle with them , for my lint in my pocket which is all I have.

Now I spoke with one of their managers in collections and after telling him my situation, for no use, cause he went on to trying the old technique of , "why don't i be a man" tech. I mean please, someone as like me who knows what hes doing, it wont work. I told him , " told him I will make him a deal and be a man if he'd be my bitch and accept my settlement", (excuse me ladies) of course he agrued more.

Anyway, I then mentioned to him well the check and this debt is illegal because it was sent to me when I did not ask for it twice. Unsolicited twice, "I said". I then told him that you surely had to know that it was being sent to me twice and that both times it was illegal for you to do that. Shame on you you broke the law of Unsolicited loans. What he told me next verified to me how these companies just dont care about the law and set us up. I would expect this manager to respond with another law or something intelligent back, but all he said was," you cashed it right". Thats it ,"you cashed it right". Which I said yeah , but under false pretenses. I then told him , that this loan is fraudulent and that because it is fraudulant and sent to me without my permission, I will not pay it.

Well because I wasn't sure as to if the law was on my side , because I know there is something about if you cash this check, then you accept the terms. I told him ," well your right I did cash it , so I will settle for 30% of what I owe because I feel 30% responsible". I then told him," but the truth to the matter is I have nothing, no income , no job, no assets, just a car that my uncle gave me that I would sell and give you the money", which ironically came out to 30%. He said ,"no way" , so I told him," ok send me a check for $5000". Which he said, "what your crazy , you owe us over that". Then I said, "I know, but this time I ask for the loan". He of course said, "no". I mean these guys break the law and send me an unsolicited check, when I didn't ask for it. Then when I ask for a check , which if they send me its not against the law, they reject me. I mean do they not have a copy of the Unsolicited laws or what.

Anyways, I would appreciate it if anyone familiar with the law could tell me if this debt is valid or not. I know I cash it and it probably had in the fine print that if I did I agree to accept it. Making me contractable to it. But does the fact that they broke the law first by sending it to me unsolicited or asked for, make any difference. They set me up and did it during the emotional time of the year, does this count for anything. Also , they must have had info. about my being denied for a recent loan and my other big debts I had and felt I was a good candidate to cash this check because of my recent loan request.

What do you think? Please share any info. especially if your familiar with the law. I think this might help alot of people who got unsolicited cc in the mail.

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Thanks Ladies for your info., but I also need to know that the Unsolicited laws states that it is illegal to send unsolicited things like cc in the mail, if it is not asked for or not requested. So , even if I cashed it making me agree to the terms of it. My big questions is, BECAUSE THEY BROKE THE LAW FIRST BY SENDING ME SOMETHING WHICH I DID NOT ASK FOR, AND THUS ILLEGAL TO DO, MAKE EVERYTHING AFTER THAT FACT NUL AND VOID.

To simplify, they broked the law sending me an unsolicited check, I cashed it and by cashing it said that I agree to the terms. The law was broken by them first, then I entered into an agreement by cashing the check. Do I still need to pay for something this loan and is this a binding contract, when the whole process of this contract being agreed upon was done illegally.

I understand that by cashing this check , I am agreeing to the terms etc . But what I didn't know at that time, was that my rights were being violated by this company for sending me something I didn't ask for.

Now do you feel that this loan should be void cause it was sent knowingly by this company illegally. They had to have known that it is illegal to send unsolicited loans in the mail to people. I am sure that the court will not believe that they did not know what they were doing. What do you think.

Now , I know about the fact that this loan becomes binding once I cash it , hell isn't that what we are doing to the CA when we settle and send a check to them. Yes it is , but were not under the same type of laws as these businesses are under. So before we get into the legally binding part because I cashed the check, all I want to know is if this binding is still legal even after my rights were violated and a law of unsolicitied loans was broken knowingly by a creditor.

My thinking , is that it should not be legally binding , because this company knew what they are not supposed to do, but did it anyway. They did so knowing that most people are ignorant about the laws and their rights that pretain to it. Well, maybe so, but what now that someone like myself is challenging their little scheme. Do I have grounds to call this check and this contract illegal because it violated my rights.

Another option, someone told me that I could use is to notify them that you are willing to settle, but inform them also of your decision to pursue legal action against them if they chose to instead not settle and take legal action against you. I was told that the threat of legal action against them , whether or not they could win or not is not the issue. The issue is that they will now have to spend more time in court then they really want to. No business likes to be tied up in letigation if it is not necessary , plus , it just causes problems all the way around. So if anyone has this type of issue, check to see if your rights have been violated and then use it as a way to get this company to settle. Chances are if a company knows that it is in for a battle against someone who knows the law , it is a good chance that they will not want to get involved and would rather settle for what they can get rather then go through the hassles , and possibly get nothing.

Please anyone share thoughts on this.

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I think Sis you missed my point, it that I accepted an offer to get a cc or loan in the mail. This is pertaining to receiving a already authorized cc or loan in the mail. It's ready has been already set up or ready to be cashed. There was no offer or instructions or introductions, where you fill out some application first, no, these were all prepared for you to just cash or charge.

The part of using the legalities against the business , because they broke the law first is not as you describe it where I knew that my rights were violated and thus I went and did the same thing. Hense your example of if someone jumps off a bridge are you going to jump off a bridge, is not an example that pretains here because of the following reasons.

First , I did not know that it is illegal for a company to send you already prepared cc or loans to me, and thus it is a violation of my rights.

Second , I cashed it not knowing that in the first place it is illegal for these companies to send me this and that my rights has been violated.

Third, on the grounds of this being a non solicited check , an a violation , if I were to use it to as leverage against these companies , not saying I will go through with my lawsuit, something they do, they might think twice on whether or not it is worth their time not to take my settlement. You see , sometimes you got play hardball , slimeball, or dodoball just like them , or else you might well let them screw you in the butt.(sorry ladies) They know they are pigs and like to get dirty, well if they know that hey I also like to get dirty then they just might not want to get dirty with me, cause there might not be room enough in their mud hole or just wouldn't want to risk it getting out that someone kicked them out of it, opening the doors for all the others to jump in. Get my analogy.

Remember, this was not an offer I requested or ask for. This was not an offer that I had to first apply for with all the terms spelled out to me and then I signed for it to be sent to me. No, this was a check or cc that was already prepared to be used the day I got it. Do you see the difference. This is what is meant by it is illegal to send Unsolicited cc offers through the mail.

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:)+:)How did they violate your rights? Opt out and you won't get these things, perhaps you are trying to rationalize a reason for not reimbursing them for this check that you cashed and spent. If I get junk mail, I shred it and empty my garbage. Try a free consultation with an attorney and see if you have a case.
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Well Sis , I am not hoping or banking on this going in front of any judge. I am hoping that this will get the Collectors or CA to think twice about not taking my settlement offer. Sometimes in business, I was taught that you need to know who your opposition is so that you can decide whether or not you can get away with using some sort of tactic on them. My point is , that if these people knew that they are in for a fight and it may take awhile to get anything from me, then they might be more willing to take my settlement , and say lets just concentrate on going after the uneducated or the weak and fearful majority of the population, their more easier and we can make up the difference we lost here with them.

I am using this as a bluff technique, for lack of a better term, on them to tell them I ain't no stupid or weak person. I'm a fighter, and if you want one then lets do it. You see, I am deciding to put the decision on them if they want to risk going to court or not. But heres the twist, unlike others, I 'm in a way telling them that if they do this , I am going to do this (sue them). Just using their tactics against them, and flipping the script on them alittle. Althewhile putting it on them to come to me cause I have something they want, my money. But I am saying if you want it you can have this settlement, if not , and your greedy, then you can try to get it but it may cost you in time , in money, in rep, in business, etc... My money is here for you to take , but it wont be easy as it would be with the other people. Its your decision, take the easy with my settlement, and a guarantee for your company, or the hard and a possible loss or not only my money but possible loss of money out of your pocket to.

You see Sis, no one knows what can come out of this , there is risk. You said it yourself that your not 100% sure if the judge will rule against me. The way I see it, is if it does go to court, the risk to them losing more then to me is on my side. I'm not banking on going to court like I mentioned, I'm banking on them seeing all their risk and deciding on taking my settlement.

The plan here is just to even the playing field , cause if not, you lose. At least by doing something whether it will work or not , you might sway some of the odds and power to negotiated your way. Thats all I want , is some negotiating power.

Tell me honestly, and not by what you think the law or the judge or the CA will do, tell me honestly, if you would follow me on this plan if you had nothing to lose.

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I can respect that. Wow , everyone here seems to alway state how moral they are. I dont think that anyone is questioning anyone's morality, at least I'm not. Furthermore, as far as being judged, hey I look at it this way , God waits til I'm dead before he judges me , so if anyone wants to judge me, then they are saying without even realizing it, that they are better than God . At that point, I know what type of person they really are and not let what they say affect me.

Well Sis , Morality and judging is something I'm not here to get involved in , so everyones rep. or whatever they chose to hide behind is safe with me.. All I want to do , because I am a competitive person by heart in every thing I do , is win this game. If your thinking this is not a game. Sorry, I need to correct your their and educate you here. LIFE IS A GAME, and I can go on for hours stating analogies to show you but maybe later, and it would be either done in person or on the phone, cause I hate typing. Anyways , about that law of illegal to send UNSOLICITED CC to people, give alittle time, I will try to find it , OK.

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Under the Unsolicited Credit Card Act of 1977: this is te 1995-202 Unsolicited Credit Card Legislation for California 2002.

http://www. leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1876_bill_20020401_amended_asm.html

Provides that a solicitation for an extension of credit for a consumer loan may not be made through the use of an unsolicited check, unsolicited convenience check, or other unsolicited negotiable instrument sent by a charge card issuer, financial institution, or other lender to a consumer who resides in this state. If a charge card issuer, financial institution, or other lender includes an unsolicited chech or other negotiable instrument in a solicitation to a consumer for an extension of credit that the consumer has not applied or requested, in violation of the bill , the charge card issuer, financial institution, or lendr , and not the consumer, would be liable for the amount of the check or other instrument and any nonsufficient funds fees.

Makes the mailing or delievery of an unsolicited credit card and unlawful practice under the consumer fraud law, P.L. 1960 , c,39 (C.56:8-1 et seq.) Defines an unsolicited cc as any credit card other than a card that has been requested , a card for which an application has been submitted, or a card that is a replacement or renewal of a previously issued card. Exempts a person from liability for unauthorized use of an unsolicited credit card issued in that person's name.

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Hey Sis , one thing I remembered someone telling me is never say never. Also one thing that I was fortunate in learning was some of the in's from a self made millionaire on how and why things are a certain way.

Basically, there are two categories of people in this world, the 97%'er and the 3%'er , the 97%'er work for the 3%'er. This person being the 3%'er , informed me how they do things and set up things so that they always will be 3%'ers and you and I will always be 97%'ers thus keeping them rich and keeping us believing the things they tell us to get rich like us. Heres a good example, If the most important things in life are to know how to raise your children , know how to have a successful marriage, how to have a successful busines, and also how to manage your money and finances. Why is it that we are not taught these important things in school. Answer, because schools were designed by the 3%'ers to make us and keep us being good employees. Those kind of information especially about business and finances, they keep only to themselves and their heirs to their fortune. Wouldn't you do that.

So we all need to stop being so naive and stop buying in to this morality and I wouldn't do this. Thats all b.s. you don't what you are capable of doing , until your put into a situation , that will test your every will. Maybe you have to make a choice between your child not eating or you maintaining your morals. Or how about the life of someone you love is at stake , are you going to hold on to your morals then, when your faced with making the decision to break them to save this person. Are you going to let your morals starve your child or let this person die. Sure these are scenerios that you can't even see as occurring. But what if, better to be prepared and know what you would do instead of saying things, when you dont know exactly what will happen. Remember , what can happen will happen, or what can go wrong will go wrong. Better to be prepare if they do.

Thats , I do not look at morality or whatever. I look at ways to get ahead and be happy. I'm not ripping no one off , if you look at the whole picture and see if everything and everyone was on a equal playing field. If you did you surely see it is not equal and it is not even. This was like I said done for a purpose, to make the 3%'ers stay 3%'ers and the 97%er's stay 97%'ers. Morality I am sad to say , is one of the many ways that the 3%'ers played you into thinking what is right and wrong and making you guilty throught the use of morality issues, seems to be working. Take off them rose colored glasses of yours, you know who you are inside, getting what you want , does nothing to change who you really are. It just makes you more free and that how you should live your life free.

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If you read the second sentence, it clearly states unsolicited checks. second, I listed Calif. law for on because the company is based in calif. and also based here in Hawaii. The Hawaii law which I am looking into at this time is still being checked upon. But I just wanted to show you that this law does exist, cause you inform me that you knew of no law like it , thats all. Don't get offened , I didnt try to show you up, just sharing what I knew I came across.

Also , dont worry about me if I end up in jail, I dont blame no one for the decisions I make. That whats part of being a man. So don't worry and thanks for your help. Good Luck to you.

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Gotta say whats really buggin me here, we don't come here to find ways of getting out of debt that is owed. That seems to be what you are doing. We are here to fix the mistakes we have made, and to guide each other down the right paths of doing this. You come in here and with the way you word things, you make us look like we are okay with finding a way to not pay something. Thats not what this board nor any other credit forum that is worth 2 cents are about. This might be a better place for you to post:

http://groups.msn.com/YourMoney/_messageboard.msnw?pgmarket=en-us

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I thought I listed a link for the unsolicited check, http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-100/ab_1876_bill_20020401_amended_asm.html.

Anyway, I explained that I felt that it was important that you should find out any and all ways to get out of debt. If it is not illegal to get out of debt this way, then why do you have a problem with it and not with debt settlement which is also can be considered a weasle way out of paying your full debt. So I dont understand, I also am new and I said that I am looking for information about the unsolicited checks. You stated that you didn't in all your research and knowledge know about there being a law for something covering unsolicited checks or cc , so I pulled up one that I took a look at just to show you that it exist. Why are you questioning what I showed you. Why dont you go and find out for yourself. By the way since I listed it this site above is for Calif 2002 from the 1995-2002 Unsolicited Credit Card Legislation.

I started this thread by stating something that a came across that could work but not sure and that if anybody knew anything go ahead and share. This wasn't by your assumption a way of me trying to getting out of not paying. C'mon if a judge was to tell you that you don't have to pay back all your loans because a mishandled mistake, are you telling me that you are going to say no I will still pay them back because I said I would and I borrowed the money so I should. If you are telling me that you are going to do that , then yes , me and you should not be talking.

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So we all need to stop being so naive and stop buying in to this morality and I wouldn't do this. Thats all b.s. you don't what you are capable of doing , until your put into a situation , that will test your every will. Maybe you have to make a choice between your child not eating or you maintaining your morals. Or how about the life of someone you love is at stake , are you going to hold on to your morals then, when your faced with making the decision to break them to save this person. Are you going to let your morals starve your child or let this person die. Sure these are scenerios that you can't even see as occurring. But what if, better to be prepared and know what you would do instead of saying things, when you dont know exactly what will happen. Remember , what can happen will happen, or what can go wrong will go wrong. Better to be prepare if they do.

Thats , I do not look at morality or whatever. I look at ways to get ahead and be happy. I'm not ripping no one off , if you look at the whole picture and see if everything and everyone was on a equal playing field. If you did you surely see it is not equal and it is not even. This was like I said done for a purpose, to make the 3%'ers stay 3%'ers and the 97%er's stay 97%'ers. Morality I am sad to say , is one of the many ways that the 3%'ers played you into thinking what is right and wrong and making you guilty throught the use of morality issues, seems to be working. Take off them rose colored glasses of yours, you know who you are inside, getting what you want , does nothing to change who you really are. It just makes you more free and that how you should live your life free.

Dude, you are warped. :shock:

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